LETTERS: We read with interest the statement by the government, which aims to combat online crime by formulating a policy through the collaboration of its Legal Affairs Division and the National Anti-Financial Crime Centre.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman announced plans to amend laws and introduce a specific law.
Our law, however, needs to be improved considering that cybercrimes keep transforming.
Despite passing laws — like the Sexual Offences Against Children Act 2017, the National Anti-Financial Crime Centre Act 2019 and the Penal Code amendment for stalking, including cyberstalking — some loopholes need to be addressed.
The key concerns are two-fold: one, because online crime keeps evolving, changing and expanding in terms of forms, manners and impact.
Our cyberlaws, which were pre-dated more than two decades ago, cannot accommodate the new types and methods of crime.
Secondly, we know that cybercrime is international and extraterritorial. So submitting to international legal enforcement is a necessity.
So we need to reform old laws to deal with the latest developments: system obstruction, misuse of devices, data breaches, identity theft, as well as the provision of facilities to commit cybercrimes. These need to be criminalised.
Also, preventive and responsive measures are necessary to establish a minimum baseline of cybersecurity and cyberhygiene standards and practices.
Enhanced protection of national information infrastructure is a must.
When a data breach occurs, an immediate reporting mechanism should be made mandatory so that people may be alerted and take measures to mitigate potential losses, such as by changing passwords or freezing an account.
Some procedural reforms would be necessary, such as the obligation to preserve data and to disclose such data when needed for investigation.
Thirdly, there is a disturbing trend relating to online or cyber fraud: culprits using mule accounts to receive funds from their criminal activities.
How much does our law enable enforcement agencies to take swift action?
Laws need to allow agencies to freeze accounts immediately and temporarily to prevent the money from flowing elsewhere.
Some attempts have been made to criminalise mules.
The problem is, there are innocent people who allow their phone numbers, email addresses or bank accounts to be made mules.
Imposing a strict liability or presumption of guilt would not be fair to them. The best answer lies in education and awareness.
Lastly, Malaysia needs to participate in the Budapest Convention on Cybercrime.
Malaysia and other United Nations member countries have been negotiating a new UN draft convention on the use of information and communications technology for crime.
Once concluded, this will be the best avenue for our global and collective efforts to address online crime.
DR SONNY ZULHUDA
Associate professor of law, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia