KEEPING DIGITAL MARKET FAIR AND SECURE

When we do online shopping, there are other issues that we might encounter which are differ from the traditional way of offline shopping. One might encounter with cybercrime activities such as intrusion, spam and malicious code. In Malaysia, financial fraud activities in cyberspace has reached between 40% to 50%, which has cost losses an amount of more than half a billion ringgit in two years. Moreover, RM60 million was lost to scammers in just 3 months shy into 2018. Due to the openness of the internet which could be poisoning to us, there are several measures that should be paid attention to so that we, Malaysian, will not be fallen as victims of cybercrime.  

Firstly, we should get as many and detailed information on the security of online shopping, ‘chatting’, e-mail and online scams as possible. The extensive use of technology has allowed us to perform all sorts of online transaction be it trading, paying bills and so forth. However, as a consumer, we should always keep in mind to carry out a thorough research and analyze the product available online prior purchasing it online. Also, it is advisable for consumers to read the disclaimer before filling any forms made online to make legal dealing easier. Plus, consumers are advised to leave the transaction should the disclaimer is unavailable. Consumers also should ensure that the websites they visited are with the original and official URLs and avoid opening links from an email service as this could pose as threat. 

The authorities should be stepping in by tightening the legal enforcement so that the it can adapt the present-day challenges as the cybercrimes activities are at an alarming rate. Numerous laws are being introduce such as Computer Crime Act (Act 563), Optical Disc Act 2000, Digital Signature Act (Act 562) and Communications and Multimedia Act 1998, all with the same objective, which is to promote the cyber security culture to the Malaysian society. Furthermore, in 2006, our government has built the Institute of International Multilateral Partnership Against Cyber Threats (IMPACT) due to the global awareness of cyber threat. However, the current cyber law is unable to get rid of cybercrimes as cyber criminals are getting smarter with technological advances. Incident such as money theft through credit card numbers, exploitation of data from database are still remained undefeated by our existing cyber law. 

Finally, banks should make sure that all matters prepared are guaranteed to have high security features. One of the examples include the digital certificate obtained from Malaysia Cybersecurity. This certificate enables immediate identification of every website forgery. The existence of this certificate will discourage unethical individuals from pursuing their act in cybercrimes. 

Hence, we need to come hand in hand to minimize this ongoing difficult issue. Although it is tough to combat as various modus operandi resurface each time, we as consumers need to be observant on the current issues all the time. Avoid believing matter without proof and sales that are of lacking of its nature and condition. Furthermore, we need to be careful when we stumbled upon offers made by any other parties over the internet. Hopefully, the measures taken could provide us fairer and safer digital marketplaces where consumers are able to harness the full benefits of digitization.

COMBATING THE CHALLENGES OF ONLINE MARKETPLACES

One might ask, “Who is the regulator of digital market place?” or “Who is in charge of the consumer grievances due to internet fraud?” Well, Malaysia has introduced a set of e-commerce regulations based on a combination of the Electronic Commerce Act 2006 and the Electronic Government Activities Act 2007. The government also suggests that the contents in the e-commerce legislation are needed to be reviewed in order to adjust to any modification in technology as well as social networking and mobile applications. Plus, Malaysia has a prolific number of consumers who take the advantages of mobile phone where in 2011, it was reported that Malaysian constituted 61% of internet users in Asia (Mukhtar et al, 2016).

According to Bohme and Moore (2012), the likelihood of reducing online shopping among consumers who experienced cybercrimes previously has increased by 10%. Furthermore, the alarming number of cybercrimes has cause major concerns among consumers where 18% of them stated to reduce the activity of online shopping while 50% of them claimed to be extra cautious when buying things over the internet. As consumers feel discourage to make use of the online marketplaces, this could be causing a harmful effect to e-commerce businesses which could hinder them from expanding. Thus, Malaysia has look beyond this issue by establishing an Internet Banking Task Force and Malaysian Cyber Security Agency with an aim to encourage the consumers to do online shopping by heightening their confidence with the presence of strong internet security. 

Also, Malaysia Central Bank (BNM) called for the implementation of EuroPay Master card-Visa standard for transactions involving credit cards back in 2005. Furthermore, minimum risk management requirements are introduced for all types of electronic banking which consist of two-factor authorization. Malaysia too does not miss the opportunity to join the bandwagon of introducing e-commerce laws, policies and regulating e-commerce transactions internationally by participating in Asia Pacific Economic Cooperation’s (APEC). The aforementioned measures are expected to build a more convenient e-commerce environment in Malaysia as the health of the economy would deteriorate if consumers are declining the use of digital marketplaces. The authorities or organizations in Malaysia play significant roles in regulating Malaysian e-commerce environment and hopefully, one day, our e-commerce will grow and be on the same level to those in the United States or other advanced e-commerce destinations. 

FIGHTING CYBERCRIMES

The Electronic Commerce Act 2006 remains as one of the essentials primary source of electronic commerce directory for the private sector. The act has been improved by the existence of Electronic Government Activities Act 2007, which considers the same matter to those belong in the government sector. In addition, the Electronic Commerce Act 2006 is not another new act but it is in fact identical to the United Nations Electronic Communications Conventions. Furthermore, digital signatures are protected by the Digital Signature Act 1997 whereas the Electronic Commerce Act 2006 focuses on electronic signatures. 

As consumers, we should all be familiar with the Consumer Protection Act. Apart from demanding the minimum product standards, with this act, we have the rights against repression practices. In 2007, an amendment has been made to this act where it has expanded its focus to provide protection in e-commerce transactions. Due to the many issues of internet security, once again this act has been reviewed to improve the standard safety condition for services while security to consumers in a regular form contract. In addition, the effort of boosting the consumers’ confidence to perform online shopping can be seen through the implementation of Consumer Protection Regulations 2012. The guidelines highlight the requirement on online sellers and online marketplace operators, which are viewed to have a positive impact to our country’s e-commerce growth. 

Malaysian Communications and Multimedia Commission (MCMC) was founded to regulate the information technology and communication industries. The Communications and Multimedia Act 1998 drives the Commission with a powerful authority to manage online speech and preventing individuals from releasing indecent or false promotion with the intention of threatening or harassing any other individual. Although the Malaysian Government has vowed not to censor the internet, those who fail to obey this may be facing criminal penalties. 

There are exactly 4 categories of activities related to unauthorized entry into computer systems which are barred by the Computer Crimes Act 1997. According to section 3, this includes the act of committing with the intention of securing unauthorized access to programs or data stored in any computer. Next, section 4 explains on the act of intending to secure unauthorized access to programs or data stored in any computer in order to commit fraud or dishonesty. Meanwhile, section 5 elaborates on the acts committed with the knowledge that the act will prompt unauthorized modification of the content of any computer. Lastly, section 6 mentions the unethical communication of any password, code or means of access to a computer to any person who is not authorized to receive the same. Although these provisions are concerning to computer crimes field, the provisions in e-commerce laws and copyright laws have complemented the legislation of Malaysia’s cybercrime, at the same time more appropriate with international standards.  

PROVIDING ONLINE DISCLOSURE; WHY DOES IT MATTER?

Businesses embarking on digital marketplaces should at least provide a clear, accurate and easy to access information about their identities. For instance, businesses should justify the identification of the business, provide prompt, easy and effective consumer communication with the business, appropriate and effective resolutions regarding any disputes, service of legal process in domestic and cross-border disputes and the location of the business. This is to ensure that the customers shall have sufficient details when making an informed decision concerning a particular transaction. Furthermore, when businesses announce their membership in any relevant self-regulatory programme, business association or other body, consumers may use the opportunity to take advantage of the dispute resolution mechanisms provided by the organization should any issues arise.

Besides that, they should justify information regarding the goods or services they are offering as sufficiently. This is to enable the consumers to be aware of their products before proceeding with their purchases. Furthermore, Oxley and Yeung (2001) found out that consumers whose behavior tends to be influenced by the availability of information on the internet when making online purchases are more likely to navigate away from website with insufficient relevant information. Whether businesses are selling goods or services, the key functionality and interoperability features, key technical or contractual requirements, limitations that might affect a customer’s ability to acquire, access or use the good or service, safety and health care information as well as age restrictions should be stated. 

Finally, businesses should feature a clear and an unambiguous confirmation process after the duration of payment is due, else the customers are contractually bounded. The confirmation process should come with a summary of their purchases which include the items, delivery and pricing information so that customers can take a final look at their order and make modification if necessary. Next, if customers do not provide expressed and informed consent, businesses should not carry on the transaction. Also, businesses should allow customers to keep a complete, accurate and durable record of the transaction that is compatible with their technology devices.