1. CYBER LAW Question 1 (a)What is meant by the term ‘cyber law’? Why do we have to study cyber law? (b)Define the term ‘computer crime’ and state how it can be committed. (c)Is it possible to breach copyright law in cyberspace?

2. CYBER LAW QUESTION 2 Zubair, a student at MMU, was caught by the University authority after it was found out that he had cracked the University’s information system, defaced the front page of the University’s official website and stolen a bulk of confidential data regarding students’ academic records. It was also discovered that he had attempted to break into several lecturers’ computer system but without access. On investigation by the University authority, Zubair said that all his action was done just for fun and wanted to explore the weaknesses of the system. Advise the University regarding Zubair’s criminal liabilities arising from his action (s).

3. CYBER LAW QUESTION 1 Answer Plan: (a, b & c) Address the meaning of ‘cyber law’. Address the reason (s) as to why we study ‘cyber law’. Address the meaning of the term ‘computer crime’. Address how a ‘computer crime’ may be committed. You could make reference to the relevant sections of the Computer Crimes Act 1997. Address very briefly the meaning of cyberspace and copyright. Address by way of a brief explanation how a breach of copyright might take place or occur in cyberspace.

4. CYBER LAW QUESTION 1 Answer: (a)Introduction & The body:  Point out that ‘cyber law’ is a generic term which refers to all the legal and regulatory aspects of Internet and the World Wide Web. In other words, it is a term used to describe the legal issues related to the use of communications technology, particularly “cyberspace”, i.e. the Internet.  Point out that the reason why we study ‘cyber law’ is because of the subject addresses the new issues created by the invention of the Internet i.e. issue of copyright, jurisdiction & sovereignty, Internet transaction like e-commerce, identity theft, pornography, freedom of expression etc.

5. CYBER LAW QUESTION 1 Answer: (b)Introduction and The body:  Point out that ‘computer crime’ is defined as a crime in which computer plays an essential part. In other words, it is an illegal act that involves a computer, its systems, or its applications. Computer crime is any illegal act for which knowledge of computer technology is essential for its perpetration, investigation, or prosecution. Point out that under the Malaysian Computer Crimes Act 1997, the term ‘computer crime’ is not defined. It may also be viewed as an intentional act associated in any way with a computer where a victim suffers or could have suffered a loss, and a perpetrator made or could have made a gain.

6. CYBER LAW QUESTION 1 Answer: (Continuation) Point out that ‘computer crime’ may be committed through various method or modes i.e. unauthorised access to computer network or unauthorised intrusion. Point out that ‘computer crime’ may include fraud achieved by the manipulation of computer records; deliberate circumvention of computer security systems; unauthorised access to or modification of programs (hacking or data); identity theft; writing or spreading computer viruses or worms; cyber stalking; password sniffing (program that monitor and record the name and password of network users as they log in, jeopardizing, security); computer sabotage (use of Internet to hinder the normal functioning of a computer system); etc. (See the Computer Crimes Act 1997, sec 3 deals with unauthorised access to computer material, sec 4 deals with unauthorised access with intent to commit other offences and sec 5 deals with unauthorised modification of computer contents. The following are some of the methods or modes:

7. CYBER LAW QUESTION 1 Answers: (Continuation) Hacking-It is one of the most common words used in the field of Cyber Crimes. Hacking in simple terms means an illegal intrusion into a computer system or network. In other words, ‘hacking’ refers to the “Unauthorised Access to a Computer Network” which may otherwise be called an “Unauthorised Intrusion”. The motive behind the crime could be as a result of greed, power, publicity, revenge, adventure, desire to access forbidden information, etc. For example, a hacker with a political motive may end up defacing the websites of those with opposing views. Cracking-In simple terms means an illegal intrusion into a computer system or network with a criminal intention of causing harm. For example, stealing credit card numbers, competitor threats in the business world, etc.

8. CYBER LAW QUESTION 1 Answer: (Continuation)  Cyberstalking- It can defined as the repeated acts of harassment or threatening behaviour of the cyber criminal towards the victim by using internet services. In other words, it is generally defined as electronic harassment and/or threats made repeatedly against another person. Stalking in General terms can be referred to as the repeated acts of harassment targeting the victim such as following the victim, making harassing phone calls, killing the victims pet, vandalizing victims property, leaving written messages or objects, impersonating as the victim. Stalking may be followed by serious violent acts such as physical harm to the victim and the same has to be treated and viewed seriously. It all depends on the course of conduct of the stalker.

9. CYBER LAW QUESTION 1 Answer: (c ) Introduction & The body: Point out that ‘cyberspace’ means the information spaces created by the technology of digital networked computer systems, most of which ultimately connect with the mother of all networks, the Internet. On the other hand, ‘copyright’ is a legal concept enacted by most national governments that gives the creator of original work exclusive rights to it, usually for a limited period of time. It is a form of protection provided by the laws of most national governments to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. Copyright law, simply stated, means that legally one is not allowed to take someone else words, graphics, video, or any other type of media and use it for their own purposes.

10. CYBER LAW QUESTION 1 Answer: (Continuation) Point out that a breach of ‘copyright’ may occur if someone exercises the copyright owner’s exclusive right to reproduction, modification, distribution, public performance and public display right in his copyrighted work. In other words, copyright breach occurs the moment there is illegal duplication of software. (See the case of Playboy Enterprises v Russ Hardenburg- where a computer bulletin system operator was made liable for making copyright materials available for users to download. Point out that it is important note that linking to another site without consent, using hypertext links, framing, and caching, may constitute copyright breach. For example, web site links permit web users to click their way from one web to another. Framing permits the viewer of the framing site to view the framed cite while content from the framing site (such as advertising banners) is still on the viewers computer screen. Caching is the creation of a copy of a web site by storing data on a computer. Caching involves copying a substantial part, if not all, of the contents of web page for storage to facilitate quick linking to a popular site.

11. CYBER LAW QUESTION 2 Answer Plan: Identify the issue (s) that the problematic question is addressing i.e. whether the act (s) performed by Zubair could be viewed as a case of committing computer or cyber crime e.g. he is said to have cracked the University’s information system, defaced the front page of the University’s official website, stolen a bulk of confidential data regarding students’ academic records and attempted to break several lecturers’ computer system but without access. But take note of his argument i.e. he was just doing it for fun. Ask yourself whether he could successfully plea that he had no intention to commit computer or cyber crime. Apply the law to address the issue (s) stated in the problematic question. Make reference to the Computer Crimes Act 1997. Conclusion.

12. CYBER LAW QUESTION 2 Answer: Point out that there was unauthorised access to a computer network from Zubair’s part. Hence, the law considers his act or conduct as a computer crime. (See sec 3 of the Computer Crimes Act 1997). The law may construe his act or conduct as amounting to hacking. Still on the above issue, point out that though Zubair claimed that he was just doing it for fun, the court will still consider his act (s) or conduct (s) as a case of cyber crime under the heading of hacking and cracking as well (see sec 4 of the Computer Crimes Act 1997 which is on cracking). Why? Because from the facts given, it seems he had the intention as well i.e. stolen a bulk of confidential data.

13. CYBER LAW QUESTION 2 Answer: (Continuation) Point out that there was unauthorised modification of computer contents on Zubair’s part i.e. defaced the front page of the University’s official website. (See sec 5 of the Computer Crimes Act 1997) Point out that there was data theft as well from Zubair’s part e.g. stolen a bulk of confidential data regarding students’ record. (See sec 8 of the Act which is on presumption while dealing with a person who has in his custody or control any program, data or other information which is held in any computer or retrieved from any computer which he is not authorised to have in his custody or control shall be deemed to have obtained unauthorised access to such program, data or information) Point out that there was an attempt to hack computer system (s) i.e. of the lecturers but with success from Zubair’s part. (See sec 7 of the Act dealing with abetments and attempts punishable as offences)

14. CYBER LAW QUESTION 2 Answer: (Continuation) Conclusion: Point out that your advise to the University regarding Zubair’s act or conduct will revolve around the issues pointed above and as well as applying the necessary provisions of the Computer Crimes Act 1997 such as sec 3, 4, 5, 7, 8, etc.