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Computer Crime Act in Iran September 2010

What Is Cyber Law & Cyber Space ? August 2010
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Cyber ethics , necessary things in Cyberspace August 2010

Cyber stalking & Harassment & Threaten August 2010

Defamation,Slander and Cyber Ethics October 2010

I got A for Cyberlaw course…

This weblog was only as an assignment for that course and Dr.Bahma … but I decided to countinue the posting..

Thanks to Dr.Bahma to show me the way…

So, wait for my posts…

I change my way and from the middle I focused more on Cyber Ethics . The issue that in my opinion can help to the user, environment and communication provider to make better virtual world for live. I hope in future I can work more on this issue and can find people who has knowledge in this area and help me to understand more and more about it.

This behaviour is a kind of very bad behaviour that some body can show and do in cyber space and it has direct relation with cyber ethics.

Because anyone can say anything out there, and that libel can find its way to the top of search engines, where it’ll haunt you and ruin an online reputation. If you have a business, this can destroy it. The Internet being a kind of wild west, it’s hard to bring a criminal case against these kinds of people. So you’ll have to be creative if you want to fight back. And believe me — you want to fight back.(1)

Defamation – in the real world or cyber space – can damage a reputation of people .

According to the many cases in defamation, if the person who defame sue to the court and can show elements of defamation (false statements made about the Plaintiff’s reputation, trade or business or profession or calling-defamatory statements – statements refer to the plaintiff published statement) the court can punish you. Defame some body is directly attack to the reputation of other. Defamation in Cyber ethics can damage the structure of rules and regulation.

So, defame can be a little writing or emailing some bad thing behind a person for third-party until writing a long bad comment in the blogs or websites. Every body who use internet , as a user who knows the rule and follow the ethics principles , should attention to this important point.

 I had a  bad experience in defamation. Somebody due to my name ( Felestin) said some wrong and infair things in behind of me to some of my friend in internet and specially in face book. He said this person (Felestin) due to his name ( Felestin is a Arab name and name of a land – Phalestine) we should not allow to him to come and attend to our meeting. For me is not important that what is my name because I like my name and why may name is FELESTIn , I think anybody who wants to know can go and ask from my father because at that time I didn’t exist !! and I didnt have any power to put and named my name. The other reason is that , is the name of people important to show his attitute and his behavior ? Why we think only every things that we assume true , the others should accept it and think like us? This is a way of Dictator and everybody in these day can see hoe Dictators in the world think and do like this.

 Now after learning many things in the Cyberlaw class, I know action of that friend was (and is )  a crime, specially when they published it in the cyberspace and social network ( Facebook) I forgive them and do not say anything because I know when you are strong , of course you have many enemies, but according to the  Ross and Barrick Gold and Robertson cases I can sue.. anyway !!

Here is a university and all of us coming to learn many things… I think if these kind of people go to the social for work how they want to make relation with others in the workplace…

Finally , in my opinion no-defame and respect cyber-attitude of other user in cyberspace can make better Cyber ethics and as a result make better place and virtual world to live with each other.

[1] http://www.forabetterwebsite.com/clean-up-upset-competitor-harassment-out-of-cyberspace

According to the Computer Crimes Act 1997 – Section 2 : “an electronic, magnetic, optical, electrochemical, or other data processing device,  performing logical, arithmetic, storage and display function, and includes any data storage facility or communications facility but does not include a device which is non-programmable or which does not contain any data”  (1) can be a type of computer and any illigal action with these can be a computer crime. Therefore we can say Internet Telephony, VoIP, Sound Chatting and also new telephone calling are in this wide circle.

 Unfortunately sometimes we see these equipment not only using as a usable tools , but also they somebody utilize them as a things to harrasment and bother other people. annoy Call ( In my country Mozahem Telephony) is a type of this bad using and bad behaviour. Phone and Internet phone and also Voice on internet systems create and improve to make a better and easier connections for families and people but some un-ethics user Utilize it as a tools to makie problems for others. In Iran I can show you many cases in this area and because of that ( and also due to special iranian culture and social customs ) many relation and life between men and women break and some of them only because one misunderstanding stop living with wife or husband and this decision change their life.

Some of this annoying call take the time for emergency service in hospital , fire-fighting and other places. If something happend for human who need help. who want to be responsible of this mis-using .

in follow you can see onr type of this annoy activity. Of course if we want to follow the Cyber ethics, one on the rules is using tols and technologies in the best way to make better situation for ourself and other user.

In Iran

Somebody think they can make funny time, but it is not fun , it is bother and harrasment the use new technology and computers as a tools.

[1] Section2 , Act of Computer Crime 1997

only to show !!

[1]. Copyright Violations,

Available Http://www.enotes.com/topic/Copyright_infringement

Access [Oct 21, 2010]

here, we can see Michael Moore ‘s opinion on copyright law in US.

LAWS OF MALAYSIA

ACT 563

COMPUTER CRIMES ACT 1997 [REPRINT 2002]

Date of Royal Assent                     18th June 1997

Date of publication in the Gazette           30th June 1997

 Date of  coming into operation      1st june 2000 [P.U.(B) 175/2000] (1)

——————————————————————————————–

LAWS OF MALAYSIA

ACT 588

COMMUNICATIONS AND MULTIMEDIA ACT 1998 [REPRINT2002]

Date of Royal Assent                     23rd September 1998

Date of publication in the Gazette           15th  October  1998

 Date of  coming into operation        1st April 1999 : except for sections

157, 159, 160, 161,162, 164, 165, 166, 167, 168, 169, 170, 171, 176, 178, 197 and 198 [P.U.(B) 128/99]; 1st April 2000 : sections 157, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 176 and 178 [P.U.(B) 106/2000] ; 1st March 2002 : sections 197 and 198 [P.U.(B) 66/2002] (2)

2 points ,

First:  The difference between Date of royal Assent  and Date of coming into operation for Computer Crimes ACT 1997 was about 3 years(less that 3 years) . and in another low (Communication and Multimedia ACT 1998) the difference for start is only 1 year . Point is The Computer Crime ACT 1997 started one year before MultiMedia ACT ( in 1998)  but operation of this ACT is in 2000 ( 2 year after Multimedia Act) . I couldn’t find the reasons for this late and this differences but I am sure this has a strong reason.

Second point:  The lawyers in Malaysia recognized very soon the weaknesses of previous Act and make another complementary Act for them . For example Computer Crimes ACT 1997 talk about specific offences like unauthorized access and unauthorized Modification ans also Wrongful Communication but it did not mention more about  forgery, cheating, fraud, misappropriation of property, impersonation, defamation, theft, obscenity, etc . Moreover in Penal Code we have some laws related to the computer crimes (offensive). When I compare with other countries like Iran, Arabic Countries, some African and Asian countries I can conclude that Malaysia is a one of countries that tried to make and define the Computer Crimes Act and law managers and Lawyers as a basic people to make ant write this act, put huge effort on it. 

[1] The Act of Computer Crimes 1997

[2] The Communication and MultiMedia Act 1998 

When we talk about elements of copyright, and their aspects and other issues in copyright and the factore that could be elements of crime and according to the Copyright Act 1987 , we find that every thing related to this issue is coming from irresponsibility and disrespect others. The ”OTHERS”  means people who have ownership and  Intelectual Property. If users do not respect right of others , Copyright Infringement happend. This is directly related to the Cyber Ethics.

How users think without any effort and only with two action ( Copy-Paste) they can use result of others. Maybe these results and researches are making during the many years and auther tried hard to make them, but someone comes , theft his or her long and valuable effort. In this story Law has a very strong role to shape and support authers and their authorship.

Cyber Ethics can help users to attention the point. First respect  endeavor of others and second knows about Laws and rules. Ethics can prevent infringment before people want to go to the criminal way even this crime is only copy of one word !!

Some years ago, I read a Joke about Projects of Student in university.That talked indirectly about Copyright Infringement and I think that was, not only a joke, but also says a sad story to us and it is that we are not respect right of others in Inernet and do Copyright  infringement everyday!!

Joke :

To do a project you have only 5 stage

a) go to the Google , type your title and click Search button

b) After go to the website Do this step:

      1-  Ctrl + A (Select All)

       2- Ctrl+C (Copy)

c) now, go to the Microsoft word office and follow this steps:

      1- Ctrl + V (Paste)

       2- Ctrl + P ( Print)

Finish… Submit your report or project !!

Below  link guide you to see  the complete Law for copyright in malaysia.

Malaysian Copyright Act 1987

For more information and explain about above sentence , It is important to say that I write this post in Malaysia, and according to the law it is not make any effect on the other country. This is only a criticize about things that I think it is very important for my society. !! So I am not a quilty

With this dangerous !! introduction, I am going to strat writing about an important point that is related and effect of Government and their managers on Cyber Ethics.

In most countries of the world, the “information revolution” has altered many aspects of life significantly: commerce, employment, medicine, security, transportation, entertainment, and so on. Consequently, information and communication technology (ICT) has affected — in both good ways and bad ways — community life, family life, human relationships, education, careers, freedom, and democracy (to name just a few examples). “Computer and information ethics”, in the broadest sense of this phrase, can be understood as that branch of applied ethics which studies and analyzes such social and ethical impacts of ICT . The more specific term “computer ethics” has been used to refer to applications by professional philosophers of traditional Western theories like utilitarianism, Kantianism, or virtue ethics, to ethical cases that significantly involve computers and computer networks. “Computer ethics” also has been used to refer to a kind of professional ethics in which computer professionals apply codes of ethics and standards of good practice within their profession. In addition, other more specific names, like “cyberethics” and “Internet ethics”, have been used to refer to aspects of computer ethics associated with the Internet.(1)

Government as a refrences in many area and define many definition in the society ( with the help of Parlement) can have very strong role in the showing the way and standard ethics to users. This is not means that Governmet can make ethics, but it can provide way and facilities to guide people to the right way.

Government with provide free access to the internet can teach people to use it and with controlling by law ( and also teach Law to people) can control this area.

My sentence is not meaning that government should control every things and enter to the People Privacy.

 a person grow when in the multiple situation, he or she can have right, authority and power of choosing  a one option among others. On the other hand , if people only see one option and one way, they do not have any power of selecting  and you as a person can not practice to grow your mind in difficult situation in future to make best decision.

Government with show the belief of using in the right way, helping people to communicate , represent power of cyberspace and …. can motivate people and users to use this tools in the right way. Of course the nature of human wants to follow the unknown and strange issues but the role of controller is that show the benefitical way to reach to the destination.

In my country IRAN, unfortunately because of mixing religion and politics and unfortunately using inexpert people in the sensitive position and many other things, until yet government does not have any specific plan to craete, use and control of Internet as a most popular area and tools in cyberspace. When government’s manager wants to make decision, only think how thae can clear the question , not thinking about go and find the solution and answer for that question. I can show you many issues and cases that they did like this and only close their eyes one the truth.

This post is not meaning that I want to say bad thing behind of my country managers , but because of hear some news from my country I  can guese what is happend there. Only the censorship is not the option to control one young society. eliminate everythings is not the last solution. When society and government have not tried to teach their people , we should wait to see the bad situation in the future. The Internet is  only one area .

Ethics is some thing that comes from deep culture , customs and belief. How the people of one society can make and share one unique beliefe . Cyber Ethics can derive from that believes. Believes such as honesty, Truth, respect others culture and peace.

These are the original things to create ethics , before the user wants to enter to the Cyberspace. If he or she has a strong believe that prevent them to do bad behaviour in cyberspace , of course we can say this user obey the roles and follow the laws and internal ethics.

Finally, according to Bynum sentences  ” The growing information revolution therefore is not merely technological – it is fundamentally social and ethica” (1) and in my opinion, until older people as an symbol for youngers do not follow the roles , the rest do not like to follow the roles, and the point is that espesially if that older people are sit in the position called Government.

[1]  Terrell Ward Bynum and Simon Rogerson,  “ Computer and Information Ethics” First published Tue Aug 14, 2001; substantive revision Thu Oct 23, 2008  , Available: http://plato.stanford.edu/entries/ethics-computer/, [Accessed: October.01, 2010]

About Dr.Bahma’s article, because of my lack of knowledge in LAW ,  course I can not say anything and the only things that I Translate this magazine and decide to publish it in my magazine for the next month. As you know I was journalist in my country and unfortunately I couldn’t continue my job in IRAN and now in Malaysia I am a Director and Editor of BILLBOARD magazine. This magazine is focus on advertisement and information. In follow you can see “Watch what you say online” article from Dr.Bahma Sivasubramaniam. This part translates by me and I know I don’t know all the phrase and terms of law but because of fluent language that Dr.Bahma used in this article I did not have any problem.

If you want to see and read the original text in English you can find it in my previous post or http://thestar.com.my/news/story.asp?file=/2010/9/19/focus/6961800&sec=focus

I hope foreign people especially Iranian who live and use any kind of cyber space ( of course the more usage is Internet ) see to these important point in Dr.Bahma’s Article and as she said ” Watching What they say when they are online in internet”

 Dr.Bahma Sivasubramaniam,  My lecturer in MBA has published an article on sunday september 19,2010 called Watch what you say online about Law In Cyberspace and

 Computer Crime Laws in Malaysia in  The Star online newspapaer.

 In follow , after a short introducing about Dr.Bahma Sivasubramaniam , I invite you to read the article. This is very important for everyone who live in malaysia and use internet to know the rules  and laws in cyberspace.

Dr.Bahma Sivasubramaniam

 Dr Bahma Sivasubramaniam is head of Law Unit, Faculty of Management,

Multimedia University.(1)  He is also advocate and solicitor, High Court of

Malaya. She worked as Barrister in Bar of Malaysia  (Law Practice industry) From

August 1987 until  June 1999 (11 years 11 months). she was Senior barrister

specialising in commercial and civil litigation cases. Active member of the Bar

Council, HAKAM and AWL. Elected member of Kuala Lumpur Bar Committee for

3 consecutive terms. Pro-bono and legal aid work.(2)

——————————————————————————-

Sunday September 19,2010

Watch what you say online

Dr.Bahma Sivasubramaniam

It is a myth that cyberspace is a lawless wilderness. Conventional laws can and do apply to cyberspace activities

CYBERSPACE is a beehive of activity: communications take place, transactions are completed and even wars are conducted! It is therefore a myth that cyberspace is a lawless wilderness. Cyber users harbour a delusion that cyberspace accords them anonymity and therefore out of reach from the arms of the law.

Nothing could be further from the truth. Illegal and unlawful activities can be detected and perpetrators can be identified and prosecuted or sued, as the case may be.

Conventional laws can and do apply to cyberspace activities. Where there are no adequate conventional laws that apply to such activities, special laws have been promulgated. In Malaysia, these include the Computer Crimes Act 1997 and the Communications and Multimedia Act 1998. The latest in this series of legislation is the Personal Data Protection Act 2010.

While there is no denying that a netizen cannot escape liability from legal action should there be any breach of law, it must be noted that the same “lifesavers” and defences are available to him as if he had committed the wrongs the conventional manner.

For example, in a conventional defamation action, the maker of the defamatory remarks would usually be asked to apologise before formal legal action is commenced against him. I do not see why the same should not be applicable to the cyber wrongdoer. Also, defences such as truth/justification and fair comment would be equally as available to him.

This brings me to the next point. The Internet Service Providers (“ISP”) have an important role to play in cyberspace for obvious reasons. It is after all the conduit, the means of access to the Internet.

However, due to the nature of its work and functions, it is sometimes unfair and indeed unrealistic to make the ISPs liable for wrongdoings in cyberspace. In the United States, liability of an ISP will depend on its role and its functions, especially in defamation suits – whether it is an information carrier or information controller.

Where the ISP’s role is the former, the court does not accord any liability for the ISP is perceived as a postman, merely carrying information from one point to another. The ISP would be, however, liable if it is an information controller as it exercises a degree of control over the posts made by subscribers of its accounts.

In Malaysia, there is no such distinction. An ISP is deemed to be responsible and/or liable for a commission of any wrongdoing in cyberspace. S. 211 and S. 233 of the Communica­tions and Multimedia Act 1998 (CMA) make an author and its intermediary who knowingly enable the transmission of offensive, false, menacing material to be convicted of an offence under the Act.

Both sections carry penal sanctions.

Safe harbour

An interesting aspect to the position of the ISPs vis-à-vis the law is the unique shield called the “safe harbour” defence. The defence is statutorily provided for in the US under the Digital Millennium Copyright Act 1998 and other pieces of legislation. It simply gives the ISP and even a website owner an opportunity to rectify the wrongdoing complained of.

The defence is not available where the ISP had actual knowledge and/or awareness of the wrongdoing or it did not remove the offending material expeditiously once it had received knowledge or became aware of the wrongdoing.

Also, the ISP cannot rely on the safe harbour provision if it had the right to control the wrongdoing activity or if the ISP stood to gain a financial benefit from the wrongdoing. In other words, the ISP (or anyone who relies on that defence) must have acted in good faith.

The “safe harbour” defence is not a blanket defence. There are cases where parties’ attempt to rely on it have failed – the infamous Napster case being one of them.

Napster provided peer-to-peer networking facilities which allowed file-sharing. The software enabled music to be uploaded and downloaded freely and free of charge and, most importantly, without the consent of the copyright owner.

The courts held that even if Napster fulfilled the requirements of an ISP (which it did not as it was merely a facilitator of sharing of music files), it still could not rely on the safe harbour defence as it did not take appropriate action against infringers by terminating them.

It would be interesting to see a similar Napster-type case in Malaysia. There are no specific statutory provisions that actually set out the safe harbour defence here but the CMA and the statutory instruments created under it do provide a similar defence to an ISP who unknowingly transmitted prohibited content. This defence is called the “notice and take down” measure and is provided under the Content Code, which is an instrument created under S. 213 of the CMA.

A few words about the Content Code (the Code). The Content Code Forum, a statutory body created under S. 212 of the CMA, is empowered under S. 213 to create a code which will include model procedures for dealing with offensive or indecent content.

The Code covers a myriad of issues relating to the service of disseminating of content by the service providers in the communications and multimedia industry.

What is interesting about the Code and which is missing from the CMA is that the Code acknowledges the potential problems an ISP may face, especially where the commission of an online offence could take place without its knowledge.

Article 4 of Part 5 of the Code provides: It is recognised that it is impractical, difficult and ineffective to monitor or control a user’s access to Content available Online.

Article 2 of the same Part states anyone who provides access to any Content but have neither control over the composition of such Content nor any knowledge of such Content is deemed an innocent carrier for the purposes of this Code. It acknowledges also that an innocent carrier cannot be held responsible for the content provided or transmitted. This is akin to the role of the ISP as information carrier in the US. Articles 2 and 4, read together, provide the base for the “notice and take down” mechanism mentioned above.

The upshot of the Code is simply this. The ISP will be notified of the offending material by the Complaints Bureau of the Content Forum (the notice). The ISP then has two (2) working days from the date of notification to inform the subscriber of the offending content and request him to remove the content (take down).

If the subscriber refuses to do so, the ISP has the right to suspend his account: Article 7. If the ISP takes all these steps, then it can rely on this as a defence in any prosecution, action or proceeding of any nature, whether in court or otherwise since it had complied with the Code. This is not only set out in Article 6.3 of the Code but also is a statutory defence provided under S. 98 of the CMA.

I would venture to suggest that this defence should be equally available to anyone who has or had inadvertently posted indecent, false, menacing or offensive in character content even though the Act and the Code provide this defence to the ISP and others of its ilk only. However, this defence should not be seen as a carte blanche for would-be abusers of the Internet, for the law will not allow perpetrators of online abuses to easily escape liability, as demonstrated by many cases involving social networking websites such as Friends Reunited and Facebook.

The earliest reported case arising from an online wrong was a defamation suit filed in England. Reputed to be the first of its kind, this action arose out of a post made in the Friends Reunited website. A retired teacher, Jim Murray, brought an action in libel against a former student called Jonathan Spence. (He had initially considered suing the Service Provider but decided against it. Friends Reunited had promptly removed the offending material). Spence posted remarks alleging that his former teacher Murray was dismissed from school for “making rude remarks about a girl” and strangling a pupil. Murray disputed these claims and pointed out that he had retired and was not dismissed. The Lincoln County Court agreed with Murray and ordered Spence to pay damages. That was in 2002.

As recently as July 29, 2010, the High Court in England awarded £10,000 damages to Raymond Bryce, a law student who brought an action against a friend (now-ex) for defamatory remarks posted on his page in Facebook. Jeremiah Barber implied that Bryce was a paedophile and posted indecent photographs of children, superimposed with Bryce’s photograph. The Court was mindful of the fact that defamatory remarks published in an online medium could reach a wider circle of audience, unlike the traditional medium such as newspapers.

Interesting tests

In Malaysia, aside from the defamation suits that arose from blogging (the Jeff Ooi and Rocky Bru cases being two examples), two prosecutions of online postings provide interesting tests of the law. Both prosecutions are under the CMA. In the first case, Mohammad Tarysif Tajudin was charged in the Sessions Court in January this year under S. 233 of the CMA for making a post on Facebook.

S. 233 caters for improper use of network facilities or network services and states that any person who knowingly makes, creates or solicits AND initiates the transmission of any comment, request, communication, etc, which is indecent, false, menacing with intent to annoy, abuse, threaten or harass commits an offence. Mohammad Tarysif, allegedly under a pseudonym, is accused of posting offensive comments in his Facebook page, offering his “services” to throw petrol bombs at churches for a negotiable price.

The trial is yet to begin.

The second case of prosecution under the CMA is the case of Irwan Abdul Rahman, also known as Hassan Skoedeng. He was charged in the Sessions Court on Sept 2, 2010, over an allegedly tongue-in-cheek post called “TNB to sue WWF over Earth Hour”. The charge was also under S. 233. This case is not straightforward.

Is the “offending” article satirical or tongue-in-cheek? If it was, it is not an offence.

However, the Malaysian Communications and Multimedia Commission (MCMC), who is tasked with the prosecution of Irwan, must prove that the accused’s post was “obscene, indecent, false, menacing or offensive in character” and that he had the INTENTION “to annoy, abuse, threaten or harass any person at any number or electronic address”.

The proceedings are of interest not just to lawyers but also to anyone who writes in cyberspace. What is “annoying”? Should “annoying” under the CMA have a more complex interpretation and a higher degree of proof than “annoying” as a common parlance? Who decides what is abusive or threatening or harassing? What is the standard of proof? Interesting questions that demand firm and irrefutable answers.

The overall conclusion is simply this: your actions in cyberspace will not go unnoticed, particularly if those actions are illegal or unlawful. Article 3.5 of Part 5 of the Content Code states very aptly: The online environment is not a legal vacuum. In general, if something is illegal “offline”, it will also be illegal “online”. In this matter, the relevant existing laws apply. Those of us who are avid users of the Internet should be mindful of this provision. (3)

1. http://www.mmu.edu.my/fom/law_unit.html

2. http://my.linkedin.com/pub/dr-bahma-sivasubramaniam/18/a39/523

3. http://thestar.com.my/news/story.asp?file=/2010/9/19/focus/6961800&sec=focus

Good day

I hope all people in all over the world live together without any war, without any problems. The children can live with their families in the peace and calm and nobody in the world want to bother or harass others. All people in the world has the same gene and nobody can say I am higher than you. Everybody in the world has own GOD and nobody can force others to accept their GOD. The Aid is a day that everybody with every religion, language , culture, colour and ….. can be happy with his family. anyway…..

For today I want to talk about the serial movie that I saw in Iran TV. 

 Seven or Eight months ago I saw a serial movie in Iran TV and I think that was the first production serial in the cyber crime  . The name of that serials was BLACK BRAIN( Hoshe Siyah) .

 It was about a different kind of crime that happen in computer space. One of the chapter of that serial was about harassment. At that part some teenagers sit in front of computer and after connect to the  people in chat room , suddenly somebody came from behind and kill them.

 This was not true and only to harass other user in the chatroom. I hear the writer of this serial find the subject of this movie from real story. When I ask from some of my friend in Iran they told me because of this action (harassment) one old man went to the ictus and because of nobody at home and he has lived alone unfortunately he died.

If in the Cyber-Social we don’t have any education and the users in cyberSpace don’t want to learn and know about the rules and red lines and laws many story like this story will happen. When you as a governor and manager and the one who should control or educate people to ha=ow they can use technology , do not do any things and do not have any action plan , of course you and your social should wait to hear some bad news like that I mentioned.

Attention to the laws obey the rules, and respect to the other user. Cyber Ethics can guide and control our behavior in the internet and cyberspace.

the article was published on December 2000 with title ” Cyber Crime …. And Punishment? Archaic Laws Threaten Global Information” by McConnell International LLC (1).

 The countries that Substantially or Fully updated their laws in 2000 were : Australia, Canada, Estonia, India, Japan, Mauritius,Peru, Philippines, Turkey, United stated

The countries that Partially updated Laws : Brazil, Chile, China, Czech Re public, Denmark, Malaysia, Poland, Spain, United Kingdom

The countries that No updated Laws : Albania, Bulgaria, Burundi,Cuba, Dominican Republic, Egypt, Ethiopia, Fiji, France, Gambia, Hungary, Iceland,Iran, Italy, Jordan, Kazakhstan, Latvia, Lebanon, Lesotho, Malta, Moldova, Morocco, New Zealand, Nicaragua, Nigeria, Norway, Romania, South Africa, Sudan, Vietnam, Yugoslavia, Zambia and Zimbabwe.

The point is that we can see Malaysia in 2000 was in the higher ranking from France, Norway and Iceland.

As I mentioned in before post , there are currently four cyber laws which have been approved by the government which is known as Digital Signature Act 1997, Computer Crimes Act 1997, Telemedicine Act 1997 and Communication and Multimedia Act 1998.

Unfortunately, Iran Until Last year did not attention to this important laws and after 10 years the managers and governors find that this issue can be important for society with 25 million youth !!

[1]  McConnell International LLC ,  “Cyber Crime …. And Punishment? Archaic Laws Threaten Global Information” December2000, , Available: www.witsa.org/papers/McConnell-cybercrime.pdf , [Accessed: Sep.01, 2010]

First proposed law for Computer Crime Act Enactment on 19 November , 2008 with 176  acceptable vote , 3 opposite votes and 2 recusant votes in Parliament of Iran.After approved in Shora Neghahban it final enactment on 29 Jun,2009 in Majlis Shora Islamic (Parliament).

Iran Computer Crime Act has 5 parts and 55 section. This Act has 2 punishes as jail or  forfeit or both of them. (1)

Without thinking about the important issue , that I am an Iranian and Iran is my country and my homeland , I can not deny this point that the government and the members of parliament of my country have not thought about the very important issue that happened in around of them. Maybe the today’s situation in Society,Economics,Culture and … in Iran can be a result of that behavior of managers of my country. anyway I don’t want to talk about politics but some thing , sometimes combined together… 

Iran Laws Against Computer Crime

 February 1995 - In a recent meeting, the Iranian Government approved a computer crime law prepared by High Council of Informatics (HCI). Crimes such as information theft, data alteration and data destruction, program damage caused by viruses, Trojan horses, worms, and logic bombs, hacking and unauthorized access are spelled out in the law. The new law outlaws the practice of illegal copying of domestic software, but it offers no protection for foreign products. All these crimes, according to new law, are punishable by fine, imprisonment or both. Those who develop or introduce any kind of computer virus get twice as harsh a punishment as other information age law-breakers. Industry insiders believe that the law is a step forward, but are concerned that it doesn’t address software piracy and other crimes involving foreign companies. Without this, the new law will not do much to persuade foreign computer companies to invest in the country or enter into partnership with Iranian companies. But HCI officials are still working on a draft of copyright law that directly deals with the issue.

HCI to Come Up with A Draft of Copyright Law

October 1992 - The country’s High council of Informatic is working on a project aimed at preparing an early draft of copyright law later to be presented to parliament. A total of 50,000,000 Rials has been devoted to this study which would last as long as 18 months. According to an interim report, two qualified groups of experts well-acquainted with software industry as well as judicial procedures, would separately work on domestic and international prospects of copyright law. The copyright laws of several countries, including those of Netherlands, United States, United Kingdom, France, and India would be carefully investigated. As it has been stated, the main aim of this law is to offer supports and protections for domestic software producers and developers. However, Iran will probably stay aside from joining to international copyright pacts and agreements, since a high amount of damages for the compensation of what has gone in past should be paid. When the law is enforced, it is predicted that the software industry will earn a bigger share of computer market than it has now.

HCI Takes Action Against Software Piracy

September 1992 - High Council of Informatics has recently published a report of the actions taken by this council against the common practice of software piracy as far as it concerns the rights of Iranian software producers. According to this report, the council is seriously pursue the lawsuits launched by domestic software developers to this council against those companies which illegally duplicate and distribute their products. Since Iran has not joined the international copyright agreement, the report says, the executive force of council only targets the domestic computer companies whenever they break into rights of each others. Whenever a lawsuits is filed, the council formally asks the accused company to give necessary explanation to clear the claim. Failing to do so, legal steps are being taken by council to bring these companies to justice. However, so far, except one case, with the help of council all trials have been stopped in very early stages as two sides agree on a solution. The policy of High Council of Informatics is to offer support for domestic producers of intellectual properties in software and hardware industries, however foreign-made products are yet to enjoy from similar protection. (2)

 I hope in future the government and managers of Iran can control the crimes that everyday happen in the social and in cyber space and internet in Iran. In the further post I am going to shoe some cases about crime in internet in Iran.

[1] Iranian Official Journal  ,  “Computer Crome Act ” 29 Jun,2009, , Available: http://www.rooznamehrasmi.ir/Detail.asp?NewsID=924303898312204 , [Accessed: Sep.03, 2010]

[2]  “ Iran Introduces Laws Against Computer Crime” , Available: http://www.uplink.com.au/lawlibrary/Documents/Docs/Doc126.html , [Accessed: Sep.04, 2010]

Because of my experience and field study (IT and software and web design) one week ago my friend talk to me and request from me to register a domain under name of www.raex.com.my  and take 500 MB host for his company. This company is the first Iranian-Malaysian Courier Services in Malaysia that can send the letter and boxes to the all over the world and it wants to be like FedEx and DHL. ( but in small scale). Due to lake of information about the company that work in Malaysia I went to the google and search about Domain & Host register company ( because my previous experiences for Host & Domain registration were not in Malaysia , so I didn’t have any information about it )  .

  I saw some company in google and I checked the ranking of them and finally I choose some of them to contact and talk to the for registeration. if you search these key words in google ( domain  register in Malaysia) you find this company ( domain register)  in the first seven of the result.

I should explain one important point and it is that one of the very famous and trusted website that do the domain register is www.Domainregistery.com.my ( very close and near spell to the fraud company , only with one Y different at the end !!) .

Unfortunately because of emergence and my friend little time , he force me to buy H&D from one of them. As my experience I choose the first company with the name of  MSC Domain Management in www.domainregister.com.my  address.

After we select the package and fill information for register our domain after 2 min an invoice was come to my email account that said we should pay the 214.70 RM to MSC Domain Management Maybank account. everything is real and we didn’t think it could be a fraud.( shame to a computer engineer !!)

we paid 214.70 RM from my Maybank account with internet banking and send the information for this website … but !!!!! after 10 days nothing happened and if you see any domain and host we were see. I think me and my friend sent around 20 emails and pm to this website but nobody answer us. everything look like a real website but in real nothing in true.

No need to say the continue of story , only it is good to know after 5 days we request from one of my friend to register domain but this time without internet and we want to see the physical office of the registration company. And finally we registered this is my friend website www.raex.com.my(The courier Services in  Malaysia)  with only 145 RM !!

My pont in this story is that sometimes we are note attention to our searching in the internet. Sometimes Internet and its information is not trusted information. You see every things is real and with very nice and beautiful face but in behind of this happy and nice face there is a unethical and vicious person or people who misuse from our trust to this environment.( Internet). 

According to the Malaysian THE COMPUTER CRIMES ACT 1997  the following table is some Computer Crime and their Penatly for them.When I search and see their sections , I think raw 4 ant its punishment  could be related to my case …

But unfortunately I don’t have any power to go and find this company because I asked from one of my friend that study in UTM in Johor Bahru for this company address and after his tracing he said this address ( the address in top of invoice  in not valid and we don’t have any building with this name on the Johor !!

That’s all … and my 214.70 RM was gone…

 

 (CNN) Three teens who were on a 69-name hit list posted on Facebook have been killed in the past 10 days in a southwestern Colombian town, officials say.  Police say they do not know who posted the list or why the names are on it.

“It is still not clear,” Colombian national police spokesman Wilson Baquero told CNN. “This is part of the investigation.” The hit list on Facebook, which was posted August 17, gave the people named three days to leave the town of Puerto Asis or be executed, said Volmar Perez Ortiz, a federal official whose title is defender of the public. Police at first thought the posting was a joke, Perez said in a statement issued Saturday. But the publication of a second list with 31 additional names led authorities to convene a special security meeting Friday, Perez said. The posting of the lists and the meetings occurred after the first two killings, which took place August 15, Perez said. On that day, officials say, 16-year-old student Diego Ferney Jaramillo and 17-year-old CD retailer Eibart Alejandro Ruiz Munoz were shot and killed while riding a motorcycle on the road between Puerto Asis and the town of Puerto Caicedo. Both their names were later found on the first published hit list. Also on the list was Norbey Alexander Vargas, 19, who was killed August 20, Perez said. Another young man, 16-year-old student Juan Pablo Zambrano Anacona, was wounded in the same incident when he gave chase to the assassins, Perez said. Colombian media said Monday the number of those threatened has grown and panic has overtaken Puerto Asis, with some parents sending their children out of town because their names are on the Facebook notice. The names of 31 women were posted on the other list, said Radio RCN, semana.com and other news outlets. Residents have been overcome with “panic and anxiety,” several news outlets quoted Putumayo state official Andres Gerardo Verdugo as saying. Several of those residents posted their concerns on Twitter, an online messaging site. “Panic in Puerto Asis, Putumayo, because of threats against young people,” wrote a user who goes by JuanSepulvedah. “Our youth must be protected.” Someone who posted under the name JulianEco brought up the Facebook connection…. (1)

My discernment :

If this sad news be a  real story ( the evidences show it is true) , we can say showing this type of use of  Facebook ( as a largest Social Networking website in the world) gives sham power to a bad people who need to show their obsession and inferiority complex and also their misdeed and breaking the rules in front of world’s eyes.

Threaten others and show this behave in the Facebook ( that many people can read it) inform us ( as a people who want to keep this places clear and pure and as a users that tied to observe the law and rules in the internet and people of cyberspace who try  to make and establish and keep cyber ATTITUDE and Cyber ETHICS in these place) to attention more to the teaching the Cyber Law and its rules.

[1]  “ 3 Colombian teens on Facebook hit list killed in past 10 days” , Available: http://edition.cnn.com/2010/WORLD/americas/08/24/colombia.facebook.killings/?hpt=T2#fbid=f-IaG2l9Tn2&wom=true , [Accessed: Aug.25, 2010]

Blogger Charged for Posting Offensive Materials to Annoy his Former Employee

“KUALA LUMPUR, July 6 ,2009 (Bernama) — A former EON Bank Berhad employee pleaded guilty in the Sessions Court here Monday over the posting of an obscene blog title to embarrass his former boss. Seah Boon Khim, 26, was accused of posting a vile and indecent material on a blog site http://www.xanga.com/hokongchan67 with intent to annoy Eon Bank Internal Audit Department head Ho Kong Chan at 1.33pm on Aug 13 2007 at 19 A-26-3 Level 6, UOA Centre 19, Jalan Pinang here.

He was charged under Section 233(1)(a) of the Communications and Multimedia Act 1998 which carries fine up to RM50,000 or jail up to one year or both.  In mitigation, Seah, who has since resigned from his job, said he had apologised to Ho and admitted that he did not realised the gravity of his action and he should not have done it.” (1)

my  idea :

The above story about a Blogger who Posted Offensive Materials to Annoy his Former Employee. In recent years, with growing the computer and internet and also the software and free blogs website , everybody with the very little knowledge in computer science and programming can make a weblog or website in the internet. This ability, provide the situation for everyone to write, put and show everything that they want. Unfortunately researches show that harassment and non-ethics behaviour are growing during this decade. So, the law should control and guide users, bloggers and acting of them to go in the right way in cyberspace and they should know about the punishes in computer crime. In Malaysia , as I mentioned in the before post,Communication and Multimedia Act 1998 as a law , control the actions and behaviour of people who used the internet and generally use the cyberspace . It is good but not enough. we,rules,society,university,family and…. should learn people and specially young generation to know,attention and use the CYBER ETHICS and CYBER BEHAVIOR.

 The Telemedicine Act 1997 and Communication and Multimedia Act 1998In case you don’t already know, ignorance of law is not an excuse or defence when you are found guilty of an offence.  In view of the above 2 provisions, if someone posting offensive / false information about you online, you may lodge a report to the Complaint Bureau of MCMC. (2)

[1]  “Malaysian National News Agency” , Available: http://bernama.com.my/bernama/v5/index.php, [Accessed: Aug.14, 2010]

[2]  “The 2 Must Know MCMC Laws that Regulate the Contents in Your Blog or Website” , Available: http://www.laweddie.com/wordpress/the-2-must-know-mcmc-laws-that-regulate-the-contents-in-your-blog-or-website/, [Accessed: Aug.15, 2010]

Malaysia Cyber Law

 Cyber laws are the law used to control the behavior of computer users in the country. For your information, there are currently four cyber laws which have been approved by the government which is known as Digital Signature Act 1997, Computer Crimes Act 1997, Telemedicine Act 1997 and Communication and Multimedia Act 1998.(1)

This is a part of Cyber Law for malaysia, the country with very warm people and very hospitality culture  that we are living there. Malaysia as a counytry that have a good and proper plan to enter to the developed country group and also an area that want to be a strong leader in the South-Eaest of Asia, day by day go to the Law way. This means a country without teaching to thier people about law (internal&external) can not go to the very hard way and be a global with very nice view from the outside. The thing that Malaysia and Malaysian is doing now, and they are trying to go to the law way every day more than before day.They are goig together to find the best and lowest costly way to reach to the point that be an only strong voice in Asia. I hope , and I know , with the highest motivation that I see in these people , they will reach.The parlement in  Malaysia like many other country define some rules and try to distribute them through the society. one of the very important law in malaysia is Communication and Multimedia Act 1998 that focus on some parts of internet and cyber space laws.

For example the below section in that Act talk about annoy, abuse, threaten or harass any people  and its punishments.

1. section 211 of the MCMC Act

“211. Prohibition on provision of offensive content.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day or part of a day during which the offence is continued after conviction..”

Moreover I show some section in MCMC Act about Network and its service and using of them.

2. section 233 of the MCMC Act

“233. Improper use of network facilities or network service, etc.

(a) by means of any network facilities or network service or applications service knowingly-

(ii) initiates the transmission of,

any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; or

(b) initiates a communication using any applications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address,

commits an offence.

(2) A person who knowingly-

(a) by means of a network service or applications service provides any obscene communication for commercial purposes to any person; or

(b) permits a network service or applications service under the person’s control to be used for an activity described in paragraph (a),

commits an offence.

(3) A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both and shall also be liable to a further fine of one thousand ringgit for every day during which the offence is continued after conviction.”(3)

Final word, to reach to the point that we can talk about Ethics and Atitude in cyber , the important and basic eleman is Law, Knowing Law and spread it during the society and people. The societies that know about Law and its benefits, of course have less crimes and problems among themselves.

[1]  “Malaysia Cyber Law part1” , Available: http://www.bukisa.com/articles/108083_malaysia-cyber-law-part-1 , [Accessed: Aug.13, 2010]

[2]  “Malaysia Cyber Law part2” , Available: http://www.bukisa.com/articles/108093_malaysia-cyber-law-part-2 , [Accessed: Aug.13, 2010]

[3]  “ACT 588 , COMMUNICATIONS AND MULTIMEDIA ACT 1998 [REPRINT 2002]” , Available: http://www.msc.com.my/cyberlaws/act_communications.asp , [Accessed: Aug.13, 2010]

At one point, Shuman uploaded videos of herself with seemingly severe burns all over her face. She named several YouTube users, and described a brutal acid attack against her. To some it seemed like the endless threats and online vitriol had reached a violent and unexpected head… Were it not for the fact that this is the age of cosmetic surgery and a chemical peel is as easy to spot as a ragged old attention whore with nothing better to do.

Cheryl Shuman has sent many illegal DMCA complaints against people’s videos on YouTube. These are copyright complaints she sends to get people’s videos taken down. Most of these are videos opposing her in some way. Many of these have been resurrected due to successful and legal counter claims sent by the real video owners.

This is one side of coine, another side is says another things and it is mentions that all these text are story. But the real fact is Cheryl has some video in Youtube that can called threaten and stalking of others. when we see these video you are going to be sad and worry.I put some of these video that posted in Youtub here. Youtube banded her after got some repord from users.

I put this video here to show If these are real ore not, if this story is true or not , but these kind of action is not a right cyber behavior . Why someone wants to show these pictures or these videos in internet.? Does she have any reason to do this? I do not want to say this is a real or fake or true or false story … which sides say true , I only want to say depond on these video and pictures This behave is not a right attitute in Cyberspace and it is not in the CyberEthics.

I think we should try to learn Cyber Ethics to users and how an internet’s  user should behave in Cyberspace ? Is this the true way to use technology that should use it for helping world to goint to the peace and calme. can we teach to whom that acting in the bad ways?

Refrences :

 “Cheryl Shuman” , Available: http://encyclopediadramatica.com/Cheryl_Shuman , [Accessed: Aug.11, 2010]

 “Cheryl Shuman weblog” , Available: http://cherylshuman.blogspot.com/ , [Accessed: Aug.10, 2010]

 “Cheryl Shuman spaces  live” , Available: http://cherylshuman.spaces.live.com/ , [Accessed: Aug.10, 2010]

 “Who is Cheryl Shuman in Beverly Hills?” , Available: http://answers.yahoo.com/question/index?qid=20080520173209AAowLll

, [Accessed: Aug.11, 2010] 

These Without-answer-question kept my mind. when I see , hear or read  these kind of  cases  in TV, radio or  internet  the first things that comes as an answer is Behaviour of person. But who makes this behaviour? is it true that we say a person sit in front of its computer, connected to the internet and wants to send a threaten email to somebody else.

I think we can categorize this action in three type : First can be the action that happen from juniors and users that don’t have any beneficial reason and it is only for fun and wasting his time. Unfortunately most of this story done by Males and generally females don’t like to go in this ways. According to my previous experiences, Girls due to their physiology,psychology,attitudes, body and many other factors do not like to harass or threat others. In some societies that  discriminate and prejudice between male and female when they were the child. this believe is made in the male’s mind that they can do everything that they want. In my opinion The start point of harass and illegal action in their future life is make from this idea ( They can do everything). based on this wrong factor, somebody assume some right for himself.

The second group is the person who want to gain money from the threaten and harassment of other. And the last group is the group with political and global reasons make a mafiia in cyberspace and harass , stalk and threat for others. 

Family,Society,Friends,School,University and many other places and people play important role in the person’s life. The new world , new technology and new life should have new ethic,new behave and new law. Cyber space as a place that today’s human, live more than half of his daily life time on , must prepare a situation to teach people how they should live. Everybody must try to help to this issue and try to have a pure and good cyber society.

My idea is making Cyber ethics and cyber society that every users in Internet is a member of this global society and to have a good Cyber life based on ethics,  follow its roles. I hope in future we can execute  this idea.

Cyberstalking is the use of the Internet or other electronic means to stalk  (Stalking is a term commonly used to refer to unwanted, obsessive attention by individuals -and sometimes groups of people- to others. Stalking behaviors are related to harassment  and threaten(intimidation). The word “stalking” is used, with some differing meanings, inpsychology and psychiatry and also in some legal jurisdictions as a term for a criminal offense. It may also be used to refer to criminal offences or civil wrongs that include conduct which some people consider to be stalking, such as those described in law as “harassment” or similar terms)  an individual, a group of individuals, or an organization. It may include false accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass.(1)

Cyber Harassment  is a crime that happend  in several parts of world . After entering computer to people’s life , the kind of Haressment was changed.  The Cyber Harrassment is different from regular harassment , because the offense typically encompasses a range of crimes that would not be considered harassment if conducted in person. Whereas content may be offensive in a non-specific way,harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties . Any comment that may be found derogatory or offensive is considered harassment.(2)

Cyber Threaten : The action that happen with one person or group of people throught technological based and internet to force and threat other person or group of people to do or obey their needs.

  Law For Stalk&Harass&Threat

§ 18.2-427. Use of profane, threatening, or indecent language over public airways or by other methods.

Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature, or threatens any illegal or immoral act with the intent to coerce, intimidate, or harass any person, over any telephone or citizens band radio, in this Commonwealth, is guilty of a Class 1 misdemeanor.

“Over any telephone” includes, for purposes of this section, any electronically transmitted message that is received or transmitted by telephone.

(Code 1950, § 18.1-238; 1960, c. 358; 1964, c. 577; 1975, cc. 14, 15; 1976, c. 312; 1984, c. 592; 2010, c (3)

Harassment by computer; penalty

If any person, with the intent to coerce, intimidate, or harass any person, shall use a computer or computer network to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature, or threaten any illegal or immoral act, he shall be guilty of a Class 1 misdemeanor.(3)

[1] Albert Belshop,“What is Cyber Stalking?” , Available:http://www.sociosite.org/cyberstalking_en.php#what_is. CyberStalking: menaced on the internet, [Accessed: Aug.5, 2010]

[2] Balkin, J., Grimmelmann, J., Katz, E., Kozlovski, N., Wagman, S. & Zarsky, T. (2006) (eds) Cybercrime: Digital Cops in a Networked Environment, New York University Press, New York.

[3] “Virginia General Assembly ” , Available:http://leg1.state.va.us/lis.htm , Legislative Informaton System , [Accessed: Aug.5, 2010]

 In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act.

As I’ve studied and found in the Dr.Bahma’s classes  and the articles in internet about some information in  area and parts of Cyber space and cyber crime, I will list  some criminal misuse of information technologies as below:

a. Unauthorized access & Hacking:  Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network. Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system or computer network. Hackers write or use ready-made computer programs to attack the target computer.

 b. Trojan Attack: The program that act like something useful but do the things that are quiet damping. The programs of this kind are called as Trojans.

c. Virus and Worm attack: A program that has capability to infect other programs and make copies of itself and spread into other programs is called virus. Programs that multiply like viruses but spread from computer to computer are called as worms.

d. E-mail & IRC related crimes:  

      1. Email spoofing   2. Email Spamming   3. Sending malicious codes through email    4. Email bombing

      5. Sending threatening emails   6. Defamatory emails   7. Email frauds    8. IRC related

e. Denial of Service attacks: Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users.

f. Pornography: The literal mining of the term ‘Pornography’ is “describing or showing sexual acts in order to cause sexual excitement through books, films, etc.” This would include pornographic websites; pornographic material produced using computers and use of internet to download and transmit pornographic videos, pictures, photos, writings etc.

g. Forgery: Counterfeit currency notes, postage and revenue stamps, mark sheets etc can be forged using sophisticated computers, printers and scanners. Also impersonate another person is considered forgery.

h. IPR Violations: These include software piracy, copyright infringement, trademarks violations, theft of computer source code, patent violations. etc. Cyber Squatting- Domain names are also trademarks and protected by ICANN’s domain dispute resolution policy and also under trademark laws.

i. Cyber Terrorism : Targeted attacks on military installations, power plants, air traffic control, banks, trail traffic control, telecommunication networks are the most likely targets. Others like police, medical, fire and rescue systems etc.  Cyber terrorism is an attractive option for modern terrorists for several reasons.

j. Banking/Credit card Related crimes: In the corporate world, Internet hackers are continually looking for opportunities to compromise a company’s security in order to gain access to confidential banking and financial information. Bank employee can grab money using programs to deduce small amount of money from all customer accounts and adding it to own account also called as salami.

k. E-commerce/ Investment Frauds: Sales and Investment frauds. An offering that uses false or fraudulent claims to solicit investments or loans, or that provides for the purchase, use, or trade of forged or counterfeit securities. Merchandise or services that were purchased or contracted by individuals online are never delivered. The fraud attributable to the misrepresentation of a product advertised for sale through an Internet auction site or the non-delivery of products purchased through an Internet auction site.

l. Online gambling: There are millions of websites hosted on servers abroad, that offer online gambling. In fact, it is believed that many of these websites are actually fronts for money laundering.

m. Defamation: Defamation can be understood as the intentional infringement of another person’s right to his good name. Cyber Defamation occurs when defamation takes place with the help of computers and / or the Internet. Cyber defamation is also called as Cyber smearing.

n. Cyber Stacking and Harassment : Cyber stalking involves following a persons movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. In general, the harasser intends to cause emotional distress and has no legitimate purpose to his communications.

o. Pedophiles: Also there are persons who intentionally prey upon children.

p. Identity Theft : Identity theft occurs when someone appropriates another’s personal information without their knowledge to commit theft or fraud. Identity theft is a vehicle for perpetrating other types of fraud schemes.

q. Data diddling: Data diddling involves changing data prior or during input into a computer. In other words, information is changed from the way it should be entered by a person typing in the data, a virus that changes data, the programmer of the database or application, or anyone else involved in the process of having information stored in a computer file.

r. Theft of Internet Hours: Unauthorized use of Internet hours paid for by another person.

s. Breach of Privacy and Confidentiality :

Privacy : refers to the right of an individual/s to determine when, how and to what extent his or her personal data will be shared with others. Breach of privacy means unauthorized use or distribution or disclosure of personal information like medical records, sexual preferences, financial status etc.

Confidentiality: It means non disclosure of information to unauthorized or unwanted persons. In addition to Personal information some other type of information which useful for business and leakage of such information to other persons may cause damage to business or person, such information should be protected.(1)

[1] “Introduction to Cyber Law ” , Available: http://www.cyberlawsindia.net/index.html . Cyber Law in India, Let’s go to secure Future, [Accessed: Aug. 5, 2010]

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LAW IN CYBER’s VIEW :

In this wide and hard collection of  issue, I decided to focus on the Cyber stalking & Harassment& Threaten  in cyber space ‘s crime . In the further post I am going to explain and show some case and information about this subject and also write my idea about them. Of course each part and issue of Cyber Crime can have and transfer many information to the people but if we focus in a specific point, it can be better to describe of that area.

For closing this discussion , I want to separate and add something to the list of Cyber Crime and group them in a different place. In my opinion we can group this actions in the crime that happen in Cyberspace . It is clear that maybe this actions is not directly related to the Cyberspace but due to strong relation to the computer and its situation we can list them as a Cyber Crime.

 Theft of computer system (Hardware)& Physically damaging a computer system : This type of offence involves the theft of a computer, some part(s) of a computer or a peripheral attached to the computer. Physically damaging a computer or its peripherals either by shock, fire or excess electric supply etc.(1)

Cyber Law is the law governing computers and the Internet. In today’s highly digitalized world, almost everyone is affected by cyber law. Let me take a few examples:

Almost all transactions in shares are in demat form. Almost all companies extensively depend upon their computer networks and keep their valuable data in electronic Form.

Government forms including income tax returns, company law forms etc are now filled in electronic form. Consumers are increasingly using credit cards for shopping. Most people are using email, cell phones and SMS messages for communication. Even in “non-cyber crime” cases, important evidence is found in computers / cell phones e.g. in cases of divorce, murder, kidnapping, tax evasion, organized crime, terrorist operations, counterfeit currency etc.

Cyber crime cases such as online banking frauds, online share trading fraud, source code theft, credit card fraud, tax evasion, virus attacks, cyber sabotage, phishing attacks, email hijacking, denial of service, hacking, pornography etc are becoming common. Digital signatures and e-contracts are fast replacing conventional methods of transacting business.(1)

Cyberspace refers to the nonphysical environment created by joined computers interoperating on a network. In cyberspace, computer operators interact in ways similar to the real world, except cyberspace interaction does not require physical movement beyond typing. Information can be exchanged in real time or delayed time, and people can shop, share, explore, research, work or play.

The Internet forms the largest cyberspace environment, housing many sub-environments within it. These include the World Wide Web (Web), USENET newsgroups and Internet Relay Chat (IRC).(2)

[1] “What is Cyber Law?” , Available: http://www.asianlaws.org/courses/dcl/what-is-cyber-law.htm. Asian School of cyber law, [Accessed: Aug. 2, 2010]

[2] “What is Cyber Space?” , Available: http://www.wisegeek.com/what-is-cyberspace.htm. wiseGEEK, [Accessed: Aug. 1, 2010]

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LAW IN CYBER’s VIEW :

As an IT student that studied and passed many subjects in computer and Information Technology  area and a person who have thought about a new idea for Virtual Court in 21st century –  from many years ago until now - and grow it in his mind, want to say here is the right place to say some things new . Maybe this is a very pure idea , but I am sure one day it can be an executive acting. I’ve thought how we can make an internet & virtual courts in 21st century. This means a victim can placed in  a part of world, jury group or judges in another part of the world and as a result, all elements of a court be in somewhere but with combining the Law, communication and IT technology  we make a virtual courtroom.

When I sat in the Dr.Bahma CYBERLAW class , in one second , I see my dream  there. CYBER LAW and CYBER SPACE and the issues that around them are very near and close to my idea. now I try to know a new thing and it is a CYBERSPACE and its relation with CYBERLAW. I hope in future I can take my final project in this area.

In this post I want to show in general “what is CYBER LAW?” . Of course, it is not very simple to explain CYBER LAW in a very short post but the reason to say something about it can be a symptom to enter to a wide area called CYBER SPACE and CYBER LAW.

According to my recent knowledge and finding information about CYBER SPACE & CYBER LAW ( in Dr.Bahma’s class and some activities in internet) I can say and conclude that nothing different from real situation and Cyber space . The things that push people to do and show bad behaviour in real Space and Cyber is lack of ETHICS. The main different element in cyber space , that allow guilty to do crimes is invisibility .

The new technology in this century is like a coin with two sides. One side of Growing Technology is Helping to the speed of moving  and another side is remove calm and privacy from the life of everybody that use this technologies.

The things that can control users in this kind of technology , after observing ethics , can be the LAW . I want to talk about this part of story in LAW IN CYBER weblog and analysis why and how the users think can have a right to stalk & Harass&  & Threat  in this atmosphere. I will gather some cases about this area of CYBER SPACE CRIME and write some things more about them

In conclusion and from my view , CYBER SPACE AND CYBER LAW is a very important part of every users that want to access and use internet, intranet, VPN or any usable and common networks in the virtual world. The Law in Cyberspace can guide people to go on the right way of using this technologies. Everyone who connect to the internet should know here is a place that million of million people live in it and this new and cyber life has a role to live and must obey the roles.

In further posts, we will talk and discuss more about this issue , together and with peace and in a very free situation.

I am Felestin Yavari Nejad, a  MBA student is Multimedia University(MMU) in Malaysia. I graduated in Software Engineering in 2002 and now continuing my study in Master of  Business Administration  in Major of information Technology (IT management).

I am in the last semester of university and in this semester I’ve taken the subject called CYBERLAW with Dr.Bahma.

The main reason to create this weblog is her !! because this activity is a part of our assignments for this course, but due to my interesting  field and my before experiences in this subject and some study in International law  , I’ve  decided to work more on this area , and especial in Cyber stalking & Harassment & Threaten area.

This is not only for this course and mark and this semester but also to show a very small part of Law in Cyber and show to internet and network’s users that Law aways control and monitor us and our behavior and act. Also I’ll write my opinion and idea about each post at the end of  it.

I hope every one who visit my weblog recommend me to be better in this way and write some comments for me.

Important Notice: “ This weblog is created for the purposes of an MBA assignment for the subject BYL 7134, Cyberlaw by Faculty of Management, Multimedia University, Malaysia. The materials posted on this weblog are for the purposes of the assignment as well as study and non-profit research only. Appropriate acknowledgements to the materials that do not belong to the weblog owner have been publicly made. If you are the author or a copyright or a trademark owner of any of the articles posted in this weblog and you object to such posting on any grounds, including copyright infringement, please contact me and I will take your material down. I state herein that I am relying on the doctrine of fair use. “

Thanks in Advance

Felestin Yavari Nejad

August 1, 2010