Any Other Legal Advice?

Computer Crimes Act 1997

 

Section 4 of the Computer Crimes Act 1997 did cover for the offences related to unauthorized access with an intent to commit fraud. Although this is usually the case as the conmen would like to be anonymous in every possible way that he can, the access of other mediums, devices, web, page, etc. which are convenient to him (i.e. his own computer or social media account) is considered an authorized access. Committing fraud using 'authorized access' should also be covered by the law as this can also be the case. It is important to cover every aspect/area in the attempt and effort to stop and prevent such crimes.

Looking at the punishments imposed under subsection (3), the fine should be raised as the loss/damages in terms of amount caused by these frauds/scams are a lot higher. Thus necessary revision and amendments should be considered. The duration of imprisonment is considered fair.

Personal View on The Post Title: What Does The Law Say?

Comments on Previous Post Regarding The Penal Code

The word property should also mean liquid assets such as money/cash and not mere items/belongings that had been bought by the victims. This is because the victims are usually deceived in terms of monetary value/cash. If it is not meant as such, these particular words must be included to be more specific.

The illustrations only described/mentioned 'rich banker' and 'a person who is deceased' as the cheater of personation. It should include more categories of 'the pretender' as the potential person could be anyone from all walks of life. This is to prevent a loophole that could set the offenders free.

Section 418 only mentioned the wrongful loss caused to the victim when the situation is where 'their interest should be protected by the offender' in the first place. This is not necessarily the case as most times, the offender does not have any 'legal ties' with the victims prior to the deceived. Thus, there is no obligation for the scammers to protect the interest of the victims beforehand. This 'other situation' should also be included and covered by the law.

Other than the comments mentioned above, personal opinion regarding the punishments had been expressed in the previous post.

When You've Been 'Catfish'

Catfish? It Really Does Happen

 

A guy recently posted on Twitter on why he has a 'trust issue'. According to him, a person known to him has been lied to on Facebook by a girl from Kelantan who he has known for 4 years. The girl appeared not to be the person she 'claimed' to be. He discovered the truth from the discovery of the real Facebook account of the girl in the picture.

 

He then decided to send a direct message to the real account user and realized that he has been lied to for the past 4 years. The real identity of the scammer is still not discovered and known until today.

 

What The Netizens Have to Say?

 

According to Faiz Wahab, the guy should have met the girl before prolonging the relationship until 4 years.

 

#Azratuiter said that if he were the guy, he would have made a video call in the first week to ensure that the girl in the video is similar to the girl in the photo.

 

 

Nenish expressed that it is weird that the guy did not have the urgency or sense to meet the girl as she is pretty. She also commented that usually scammers will use photos of pretty girls to use as bait.

 

 

. or @naniekamarul mentioned that it is naïve for the guy to solely or truly believe that the girl he's been talking to is the real deal/legit. She said that he should have met her face to face before proceeding deeper into the relationship.

Love Scam Again and Again

Recently, it is reported by The Star that single mothers, lonely women and women facing family crisis are prone to love scams. Currently, the Bukit Aman Commercial Crime Department (Cyber and Multimedia Crimes) are investigating into the matter.

Who are these victims?

Most are women who are referred to as professionals or have a good carrier such as doctors, lawyers, bankers, lecturers and teachers. According to the Asst Supt Mohd Syafiq who are investigating the case, the victims age are between 31 and 40.

 

Lesson to be learned?

 

Again, it is advised not to easily fall for the sweet words and persuasion of a person (who usually seems so good to be true) who you just met recently online. It is really important to get to know the person in real life for extended period of time before giving full commitment in terms of feelings, valuables or monetary.

 

What Does The Law Say?

The Penal Code

 

Any person who commits a fraud, although through the utilization  of technology, is subjected to legal/criminal offence other than charges stipulated in the Communications and Multimedia Act 1998 as mentioned in the previous post. This is defined under Section 415 of the Penal Code. Such person is referred to as a cheater (he/she is said to 'cheat').

 

  

The highlighted explanation fits the persona of a love scammer who usually pretends to be another person.

 

The highlighted sentence under the illustrations above is usually or commonly the scenario/situation experienced by victims of love scams.

 

 

A person who claims to be someone else as usually in the case of love scams can be defined or categorized under Section 416 of the Penal Code. If convicted and found guilty, he/she will be subjected to the punishments as stated in Section 417 or Section 418 (according to the case or situation).  Section 419 of this act specifically caters for liars using 'other persona'.

 

Is It Enough?

 

Looking at the written and existing punishments, the imprisonment term might be sufficient for the offender (maximum of five or seven years depending on the case may be). However, the amount of fine subjected should be according to how much the scammers, fraudsters or cheaters managed to con the victims. This situation is not clearly stated by the law. Thus such statements should be specifically mentioned to avoid injustice such as imposing fines with an amount lesser than what has been successfully gained by the offender. Reviews and amendments are advised.

 

Cyberstalking and Law in Malaysia

·    Jack*  calls Jill* everyday as many time as possible asking her to go out. Jill feels uncomfortable with massive phone calls, messages and emails

·    Jack calls Jill and remain silence and makes heavy breathing sounds

·    Jack download Jill’s picture from  her blog and post it on an online forum  with degrading messages or insulting words about Jill

(* not real name)

The above examples are known as cycerstalking.

Cyberstalking or online stalking is a way of harrasing (thresatening, false accusation, identity theft) someone by using technology. It also include the exploitation of the minors (it may be in terms of sexually or otherwise).

Victim can be man or woman or even children.

Real case in Malaysia; Lee David Clayworth, a Vancouver teacher  was cyberstalked by his Malaysian ex-girlfriend, Lee Ching Yan. She started to cyberstalked him as soon as they broke up. She sends him alsmost  200 messages to him everyday and sometime posted nude pictures of him with offending words. Clayworth took legal action against Yan and he won the case. Yan was found guilty of defamation under the Defamation Act 1957. However she left the country as soon as the arrest warrant was issued and she carried on cyberstalking  Clayworth for some time.

In Malaysia, there is no specific law pertaining to cyberstalking. Section 233 of the Communications and Multimedia Act 1998 (improper use of network facilities / service) can be regulated in cyberstalking offences;  however such harassment should  be in a form of electronic harassment which is obscene, indecent, false, menacing or offensive in character.  Punishment is imprisonment of maximum one year, or fine of maximum RM50,000 or both.

Unlike Malaysia , Singapore has introduced the Protection from Harrassment Bill 2014 to protect victims from harrassment and anti social behaviour. Anti social acts such as cyberstalking, bullying of children, sexual harassment in workplace and cyber harassment are now deemed illegal. If a person is found guilty based on the above offences, the person will be fined up to S$5,000.00 or a jail term not exceeding 12 months. Repeat offenders may face a fine up to S$10,000 and / or jail term of not more than two years.

Even though there are law to protect the cyberstalking victim, a stalker may change his/her profile to continue stalking the victim. Law can only be regulated if the stalker’s profile is known. The measure might not be implemented in cases where the offenders are anonymous.

Comment on the post  Love Scam: A Real Life Story: Catfish..

Nev Schulman  is a very lucky person I can say. He did not lose any cash nor assets  however he did take the right decision by checking the background of the person he ‘loves’. A brave move by his instinct had saved him from being duped and scammed.

His decision also made him to create awareness  through his TV shows. He has provided vast information on love scam especially tips to identify love scammers which actually assist everyone who watches his show. One way in reducing online love scam; if not reducing at least it creates awareness among viewers to be more alert.

Also reminds me of another show host by Dr. Phil which also focuses on love scam issues. Thank you Dr. Phil!
Sharing the link with everyone.

http://www.drphil.com/shows/2163/