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.