CyberSecurity Malaysia | An Agency Under MOSTI

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Ministry od Science,
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Ministry od Science,
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BRIDGING BARRIERS:
LEGAL AND TECHNICAL OF

CYBERCRIME CASES
Session 1 :
The Scenes of Cyber Crime
Professor
Abu
Bakar
Munir

Faculty
of
Law

University
of
Malaya,
Kuala
Lumpur

5
July
2011


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Outline
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Introduction
Cybercrime : The Growing Global Threat
Know The Hackers
The Law in Action
Some Recent Developments
Lessons from Cyber Storm
Recommendations

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Cybersecurity is one of
the risks that the world will
have to face in the next
ten years

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Cybercrime is not a
brave new world –
It s a bad new world

CEO of Sony Corporation

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2000-2003

• Cybercrooks looked for
ways to turn attention
towards real computer
threat
• They showed off their skills
by temporarily taking down
popular websites such as
CNN, Yahoo and E-Bay
through DOS attack

2004-2005

• By this time cyber
scammers had proved their
skills and it was time to

move beyond doing
damage and make real
money
• Use softwatre to get access
to computer and steal
passwords and credit cards
information
• Cybercriminals also spread
viruses

2006-2008

• With a growing amonut of
money at stake,
cybercriminals began
organising into gangs
• Became more discreet in
their methods, while still
showing off their techs
savvy


What’s
Next?

2009-2010

• Social networking sites
started to take off,
cybercrooks realised they
could get their hands on a
wealth of personal
information if they played
the game right
• With users posting huge
amounts of information, all
cybercrooks had to do was
virtually interact with usese
to gain access to their
information


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• Continuation of socialnetworking scams and
tricks
• Phishing
• Mobile devices and
application present great
opportunity for
cybercrooks

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NOT slowing down
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Internet penetration is increasing
Social Networking Sites are extremely popular
Domain Names are increasing
Mobile Devices and applications are increasing
Cybercriminals are quickly developing new
techniques
•  Easy to learn and access tools to commit cybercrime
•  Awareness is lacking

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We are not afraid of the
threat because we are
prepared… with the
layers and shields
created by government
technical experts, it was
not easy to hack
government portals
although some had been
affected. Government will
take actions against the
hackers responsible

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Their perceptions
•  Always yield the hands-on imperative – access to computers
and anything else which might teach you about the way the world
works should be unlimited and total
•  All information should be free
•  Mistrust Authority
•  Hackers should be judged by their hacking, not criteria such as
degrees, age, race or position
•  You can create art and beauty on a computer
•  Computers can change your life for the better

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Hacking subculture as a social movement
•  Minimal organization – the hacking culture has a
significant membership of followers and its share
of leaders
•  Uninstitutionalised collectivity – always been
considered as an out group
•  Proposes or opposes change
•  Counted by an established order
•  Significantly large in scope
•  Persuasion

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They are smart; they ingenious; they
are creative; and I can tell you that on
one level, they are people you would
enjoy hanging out with.
Misha Glenny
(Journalist)

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Why Difficult to Get Them?
In the Hackers Words…
And at this point, many people assume we would then
proceed to copy everything we find and then thrash the
system… It makes no sense. We thirst for knowledge
and information, and then you can possibly thing that we
can destroy that which is sacred to us? To take away
someone else s chance to succeed in getting in as we
did? To fuel an already terrible reputation and increased
our chances of getting court and thus have our life and
carriers effectively ruined?

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This shows that many hackers, as is
their primary intention, go completely
unnoticed on the system they chose to
hack and are never discovered.

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A hacker said,
… and whatever you do continue the fight.
Whether you know it or not, if you are a hacker,
you are a revolution crash.

Another hacker said,
I am a hacker and this is my manifesto. You may stop
this individual, but you can t stop us all … after all, we
are all alike

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No.

Case

Court/Date

Offence

Offender

Outcome

1.

R v. Zachary
Woodham

Crown Court/
13 May 2011

Unauthorized
Modification

Teenager

Guilty Plea

2.

R v Paul Mc Loughlin

Crown Court/
13 May 2011

Making, supplying
or obtaining
articles for use in
offence

Student

Guilty Plea

3.

R v. Ashley Mitchell

Crown Court/
3 Feb 2011

Unauthorized
Access

Poker

Guilty Plea

4.

R v. Matthew
Anderson

Crown Court/
22 Oct 2010

Unauthorized
Modification

Manager and Virus
Writer

Guilty Plea

5.

R v. Dale Trever

Crown Court/
16 Sept 2010

Unauthorized
Access

Manager

Guilty Plea

6

R v. Balvinder Basran

Magistrates
Court/ 9 Sept
2010

Unauthorized
Access

Police Officer

Guilty Plea

7

R v. Robert Campbell

Crown Court/
8 Jun 2010

Unauthorized
Access

Police Officer

Guilty Plea

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Cont..
8.

R v. Susan Holmes

Magistrates
Court/15 Feb
2008

Unauthorized
Access

Ex employee

Guilty Plea

9.

R v. Mark Hopkins

Magistrates
Court/9 Aug
2007

Unauthorized
Access

Managing
Director and
Website Designer

Guilty Plea

10.

R v. Scott Gelsthorpe
and Jeremy Young

Crown Court/
27 Jun 2007

Unauthorized
Modification
and Conspiracy

Police Officer

Guilty Plea

11.

R v. Matthew Byrne

Crown Court/
7 Nov 2006

Unauthorized
Modification/
Website
Defacement

Hacker

Guilty Plea

12.

R v. David Lennon

Youth Court/ 23
Aug 2006

Unauthorized
Modification

Teenager

Guilty Plea

13.

R v. Daniel Cuthbert

Magistrates
Court / 7 Oct
2005

Unauthorized
Modification

IT Security
Consultant

Found Guilty

14.

R v. Joseph Mc Elroy

Crown Court/ 3
Feb 2005

Unauthorized
Modification

University
Student

Found Guilty

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Cont..
15.

R v. Aaron Caffrey

Crown Court/
17 Oct 2003

Unauthorized
Modification/ DDoS
Attack

Teenager

Acquitted

16.

R v. Simon Vallore

Crown Court/
21Jan 2003

Unauthorized
Modification

Web Designer

Guilty Plea

17.

R v. Stephen Carey

Crown Court/
19 Sept 2002

Unauthorized
Modification

Computer
Engineer

Found Guilty

18.

Yarimaka v.
Governor of HM
Prison Brixton

Queen Bench
Division/ 20 Mar
2002

Unauthorized
Modification

Foreigner

Habeas Corpus
denied

19.

R v. Raphael Gray

Crown Court/
6 Jul 2001

Unauthorized
Modification

Teenage hacker

Guilty Plea

20.

R v. Paul Maxwell
King

Court of Appeal/
24Nov 2000

Unauthorized
Modification

Unknown

Guilty Plea

21.

R v. William Culbert

Crown Court/
No date

Unauthorized Access/
Unauthorized
Modification

Technician

Guilty Plea

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Cont..
22

Morgans v. Director
of Public
Prosecutions

House of Lords/
17 Feb 2000

Unauthorized Access

Unknown

Conviction
Quashed

23.

R v. Michelle Begley

Magistrates
Court/
No date

Unauthorized Access/
Harassment

Police Officer

Found Guilty

24.

R v. Ian Morris and
Richard Airlie

Crown Court/
No date

Unauthorized Access

IT Supplier

Found Guilty

25.

R v. Matthew Bevan

Magistrates
Court/ 21 Nov
1997

Unauthorized Access/
Unauthorized
Modification

Teenage hacker

Acquitted

26.

R v. Simon Regan,
Julian Taylor

Magistrates
Court/
no date

Unauthorized Access

Engineer

Found Guilty

27.

R v. Moody

Crown Court /
No date

Unauthorized
Modification

Ex Employee

Found Guilty

28.

DPP v. Bignall &
Anor

Queens Bench/
6 Jun 1997

Unauthorized Access

Police Officers

Acquitted

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Cont..
29

R v. Pryce

Magistrates
Court/
21Mar 1997

Unauthorized Access/
Unauthorized
Modification

Teenage Hacker

Guilty Plea

30.

R v.Feltis

Crown Court/
No date

Unauthorized
Modification

Computer
Operator

Found Guilty

31

R v. Spielmann

Magistrates
Court /
No date

Unauthorized Access

Ex Employee

Found Guilty

32

R v. Rymer

Crown Court/
no date

Unauthorized
Modification

Male Nurse

Found Guilty

33

R v. Alfred
Whitetaker

Magistrates
Court/
no date

Unauthorized
Modification

Software
Developer

Found Guilty

34

R v. Vatsal Patel

Crown Court /
2 Jul 1993

Unauthorized
Modification

Progarammer

Acquitted

35

R v. Elaine Borg

Court not
known/ no date

Unauthorized Access
with intent to commit
further Offence

Computer
Operator

Acquitted

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Cont…
36.

R v. Richard Goulden

Crown Court/
18 Jun 1982

Unauthorized
Modification/
DDoS

Tsoftware
Contractor

Found Guilty

37.

R v. Cropp

Crown Court/
5 Jul 1991

Unauthorized
Access

Ex Employee

Acquitted

38.

R v. Ross Pearlstone

Magistrates
Court /
No date

Unauthorized
Access

Ex Employee

Found Guilty

39.

R v. Bernnett

Court not known/
no date

Unauthorized
Access

Ex Police Officer

Guilty Plea

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Nations are not united…International
Cybercrime Treaty was rejected

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US Current Thinking
Preemptive cyber strike?
Pentagon is contemplating an
aggressive approach to
defending its computer systems
that includes preemptive actions/
preemptive strikes.
We have to have offensive
capabilities, to, in real time, shoot
down somebody trying to attack
us.
 
General Keith Alexander 
Pentagon Cyber Command 
 
 (July 2010) 

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•  Inter agency coordination
•  Contingency Planning, risks assessment and roles and
responsibilities
•  Correlation of multiple incidents between public and private
sectors
•  Training and exercise programmes
•  Coordination between entities
•  Common framework for response and information access
•  Strategic communications and public relations plans
•  Improvements of processes, tools and technology

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SOME RECOMMENDATIONS
•  Consider reviewing the law and practice
•  Seriously consider to ratify the Council of Europe
Convention on Cybercrime
•  Target the underground cybercrime economy
•  Target the botherders
•  Tackle botnets through disruption

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Cyber Law: Policies 
and Challenges 
Bu8erworths Asia 
(1999) 

Privacy and  
Data Protec@on 
Sweet & Maxwell 
(2002)  

Internet Banking: 
Law and Prac@ce 
LexisNexis UK 
(2004) 

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Informa@on & 
Communica@on 
Technology Law  
Legal & Regulatory 
Challenges 

Thomson Reuters 
(2010) 

Personal Data 
Protec@on in 
Malaysia: Law 
and Prac@ce  
Thomson Reuters 
(2010) 
27

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abmunir@um.edu.my
profabm.blogspot.com
+6012 2185242

Ministry od Science,
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