Fishing? Phishing?

Lecturer told us - Do not "fishing" on internet. I was wondering what is the relevant between "fishing" and internet? The correction of "fishing" is "phishing". Definition of phishing is the criminal fraudulent process of attempting to acquire sensitive information such as usernames, password, and credit card details by masquerading as a trustworthy entity in an electronic communication.

Recent phishing attempt is targeting the customers of banks and online payment services, for example e-mail. While the first such examples were sent indiscriminately in the expectation that some would be received by customers of a given bank or service, recent research has shown that phishers may in principle be able to determine which banks potential victims use, and target bogus e-mails accordingly. The damage caused by phishing ranges from denial of access to e-mail to substantial financial loss.

There are several different techniques to combat phishing, including legislation and technology created specifically to protect against phishing:
* social responses
* technical responses
* legal responses

With my last word, phishing is typically carried out by e-mail and by instant messaging, and it often directs users to enter details at a fake website whose look and feel are almost identical to the legitimate one. Even when using server authentication it may require tremendous skill to detect that the website is fake. Phishing is an example of social engineering techniques used to fool user, and exploits the poor usability of current web security technologies. Attempts to deal with the growing number of reported phishing incidents include legislation, user training, public awareness, and technical security measures.




* Above is an example of a phishing e-mail, disguised as an official e-mail from a (fictional) bank. The sender is attempting to trick the recipient into revealing confidential information by "confirming" it at the phisher's website. Note the misspelling of the words received and discrepancy. Such mistakes are common in most phishing emails. Also note that although the URL of the bank's webpage appears to be legitimate, it actually links to the phisher's web page.

Cyber Crime

This week lecture class is talk about "Cyber Crime", it also called "Computer Crime". Computer crime issues have become high-profile, particularly those surrounding hacking, copyright infringement, through warez, child pornography and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise. The most interesting part is the topic of "hacking". In my mind set, hacker is a people who always hide in home and hacking others system. But the meaning of "hacker" is a person who breaks into computers, usually by gaining access to administrative control. The subculture that has evolved around hackers is often referred to as the computer underground. Proponents claim to be motivated by artistic and political ends, and are often unconcerned about the use of illegal means to achieve them.

Categories of a "Hacker" :
* White Hat (ethical hacking)
* Grey Hat
* Black Hat
* Script Kiddie
* Hacktivist

In the conclusion, hacker exist that are not related to computer security (computer programmer and home computer hobbyist), but these are rarely used by the mainstream media. Some would argue that the people that are now considered hackers are not hackers, as before the media described the person who breaks into computers as a hacker there was a hacker community. This community was a community of people who had a large interest in computer programming, often creating open source software. These people now refer to the cyber-criminal hackers as "crackers".

PDP (Privacy and Data Protection)

I was found a kind of service provided from internet:

Privacy and data protection issues present a growing challenge. Conforming with the associated requirements ensures there are no unforeseen interruptions to your operations. Customer and employee concerns over personal information and sensitive data can lead to reputation risk. Breaches in data protection legislation can inhibit organizational change and adversely affect technology integration.

Our team can help you understand the key factors for reducing exposure to critical risks and potential damage to your brand, including help in the following areas:

• Privacy and data protection strategy
• Building an organization-wide inventory and classification map of personal data
• Policies and procedures
• Training and awareness
• Cross-border data transfers
• Data retention
• Compliance with law enforcement requests
• Building privacy controls into IT projects
• Managing varied international compliance requirements
• Audit and monitoring programmes for ongoing data protection compliance

Information privacy, or data privacy is the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them.

Privacy concerns exist wherever personally identifiable information is collected and stored - in digital form or otherwise. Improper or non-existent disclosure control can be the root cause for privacy issues. Data privacy issues can arise in response to information from a wide range of sources, such as:

• Healthcare records
• Criminal justice investigations and proceedings
• Financial institutions and transactions
• Biological traits, such as genetic material
• Residence and geographic records
• Ethnicity

From the services above, the challenge in data privacy is to share data while protecting personally identifiable information. The fields of date security and information security design and utilize software, hardware and human resources to address this issue.

E-Transaction

Internet is used to facilitate transactions and contracts, be they B2B, B2C or C2C. As opposed to traditional contracts, those transactions are being formed electronically. E-Transactions are getting increasingly popular due to the advantages of the internet. For example: Cost and time saving, increase in productivity, increase in profitability, access to customers anywhere anytime and access to huge market (there are hundreds of million net users today).

There are four parties at risk involve in payment flows, financing and risk taking: The customer (end user), the seller (business-to-business or retailer), the producer and the transfer agent (credit card companies or banking institutions).

The legal challenges for e-transaction: offer and acceptance is now involving automed process which negates the need for human intervention. Is an "offer" in websites amounting to an "offer" or "invitation to treat"? Should all transactions & communications be printed out on paper and signed there to make them legally binding? Can data message be deemed as an "written information" for the purpose of fullfilling writing requirements? How to full fill the requirements of signature?



There will be few methods to verify the "real" transaction by using click-on and shrink-wrap agreement and also Digital Signature Act 1997. As with any information processing system, security and reliability are considerations. Online transaction systems are generally more susceptible to direct attack and abuse than their offline counterparts.

p.s. I am taking multimedia and marketing on this trimester, so that was a lot of help for the legally information on the subject.

Contract

The word "contract" in legal sense refers to an agreement between two or more parties that is legally binding between them. It is an agreement enforceable by law. The gist of all contracts is an agreement, for example all contracts must be built upon an agreement although not all agreements are automatically contracts.

Some agreements are not contracts because they lack certain essential elements. There have few necessary elements of contract: offer & acceptance, intention to create legal relations, consideration, certainty, legality, legal capacity and free consent.
Lecturer was discuss "proposal (offer) and acceptance" with us on last week. A proposal is made when one person signifies to another his willingness to do anything with a view to obtaining the other's assent. Acceptance is made when the other person signifies his assent to such a proposal/offer. And lecturer ask us to refer the case of Carlill vs. The Carbolic Smoke Ball Co. Ltd.

Foreign law vs. Malaysia law

I am wondering during the Legal lecturer with a simple question... Do Malaysia law same with foreign law? Or both laws are standardize? I have been some research about foreign law and makes a bit comparison:

What is foreign law? It is the national (also referred to as domestic or internal) law of any country other than the United States and usually refers to constitutions, legislation, and cases. Foreign law has no effect outside the foreign jurisdiction, but it may regulate foreign entities within state boundaries. Comparative law is "the study of the similarities and differences between the laws of two or more countries, or between two or more legal systems. Comparative law is not itself a system of law or a body of rules, but rather a method or approach to legal inquiry.

The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between early 1800s to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia applies throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia laws.

But, how about legislation for foreign law? There are generally two approaches to looking for foreign law - by jurisdiction or by subject. If you are looking for a specific piece of legislation, first try the Foreign Law Guide database. It is particularly useful because it contains a section of law arranged by subject for each country. Simply select your jurisdiction and browse the subject headings. Government web sites usually provide legislation on their web sites and sometimes there are English translations of important or business-related areas. Be persistent when searching for legislation on foreign government web sites. If the parliamentary web site has nothing, try the government ministry that may be responsible for your area of law. For instance, we have found AIDS legislation on the Health ministry's web site and banking laws on a finance ministry web site. Many foreign government web sites have some pages in English (look for a small British flag), but it is less comprehensive in coverage.

In the nutshell, there are too many difference between foreign law and Malaysian law. Probably hope that there have some resources and documentary describing about these two kinds of law. There are also contains many confessions in theses two types of law. Hope that lecturer will show some video clip, article cases or others resources and share with us! (^,^)

Group Discussion - Adultery

Article:

Adultery, legal or illegal in M'sia?

March 25th, 2008

What is adultery?

My friend said “adultery is having secret relationship with someone who has married.”

Based on L B Curzon, Dictionary of Law, 4th edition, (International Law Book Services: Kuala Lumpur), 1995, “adultery“ means an act of voluntary sexual intercourse (which need not be completed) between two persons not married to each other, but one or both of whom are married at the time of the act to a third person.

So is it legal to have sex with someone who is married?

There is no provision either in the Penal Code or the Criminal Procedure Code that stipulates punishment for adultery.

Meaning adultery as an act itself is not a criminal offence in Malaysia under the law.

Enticing Away a Married Woman Is illegal

However, Section 498 of the Penal Code provides for the punishment for the offence of enticing or taking away or detaining with a criminal intent a married woman.

Section 498 Penal Code:
“Whoever takes or entices away any woman who is and whom he knows, or has reason to believe, to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals, or detains with that intent any such woman, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”

It is very interesting to see that, in fact, only man who takes or entices away any married woman may be charged under this provision. This similar provision does not apply to woman who entices or takes away a married man.

That means if a woman entices a married man, she will not be held guilty under this provision of law. Unfair? well, I think the law presumes that ALL women are good and decent, they will never entice a married man. This may (may not) be true in the ancient time, but I definitely don’t think it is true now a day. haha!

So MAN, please watch out for the law when you want to have a “2nd woman” out of your family. 2 years jail is “no play play”.

For your information, even though adultery is not a crime under the criminal law, adultery can be evidence of irretrievably breakdown of a marriage, which is a ground for the presentation of a divorce petition by a petitioner under the Law Reform (Marriage and Divorce) Act 1976 (refer to section 53 and 54 of the same Act). However, most people always find it hard to prove it in court.

My opinion:
It was a good tips about the adultery. I tend to think the law was more likely written in a time when maried women were considered to be the “property” of their husbands. Hence, a crime was committed when someone enticed or detained a man’s property and’ took’ what was ‘rightfully’ his.

However, if a man chose to let himself be enticed or detained for such a purpose … no harm, no foul. And certainly no ‘crime’ was seen to have been committed against the wife. Interesting view of the world, isn’t it?

Mature of Law

The mature of law which means the constitution between federal and states. There is involve the document that define membership, structure of the club. Malaysia's constitution is Federal constitution. However, constitution can be changes. And it can be changes by parliament with (2:3).

Legislation and subsidiary legislation. Legislation is the act or process of legislating; lawmaking. And it is also a proposed or enacted law or group of laws. Legislation also created by parliament, but it must be refer to the constitution.

Doctrine of Stare Decisis, also known as doctrine of binding judicial precedent. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar legal issues.

Conclusion, there is key legal term in this week lecturer:
* Common Law vs. Statutory Law
(Common law is unwritten, it's also created by judges; Statutory law are created by parliament)
* Plaintiff vs. Defendant
(Plaintiff is mean who takes actions in civil courts; Defendant means a person or institution against whom an action is brought in a court of law)
* Prosecutor vs. Accused
(Prosecutor is a government official who conducts criminal prosecutions on behalf of the state)
* Presumption vs. Innocence
* Natural Justice (Due process of Law)
* Statute, Act, Enactment and Ordinance
( Statute is similar with legislation; Act recreated by the legislation or parliament; Enactment is state legal assembly; Ordinance is similar with enactment, straightly to eastern Malaysia)