INVESTIGATING AND PROSECUTING

 

1.0 INTRODUCTION

In this new era, the development of the world of advanced technology is rapidly triggering a great and modern creation. One of the advancement today is internet technology. It present well that after the emergence of internet technology in our world, the standard of living of the society is now changing to be modern in terms of various aspects. The advent of internet technology also makes social media flourish itself. There is no denying that social media is now getting a warm welcome from everyone around the world same goes to our country, Malaysia. Nowadays, social media is not only an agent of socialization but also used in the delivery of various information and issues including religion ( Muhammad Adnan, Siti Nur Husna & Mohd Izhar Ariff, 2018 ).

 

However, this issue also brings negative effect to our country. We realized today, cybercrime also began to change its face in the line with the current of modernization. Cybercrime is one of the highest contributors to criminal cases in country. Dr Duryana Mohamed in Malayan Law Journal Articles says, cybercrimes are sometimes known as computer crimes or high-tech crimes that are commited by agroup of individual that have intention to destroy or attack other;s property, personal integrity or life. It also to steal other people’s valuable property even information and it included spreading computer viruses, commiting denial of service attacks, sending pornographic materials, comitting unauthorised access or hacking and modification of computer data and many more that are related to cyber crimes (2012). Even so in Malaysia, investigating cybercrimes requires full commitment and readiness to fight the criminals that happening rapidly.

2.0 INVESTIGATING COMPUTER CRIME

The increase in cybercrime today is caused by computer technology and the internet. This is because the community’s involment in using computers to do certain activities is the main cause of the cyber crime. It happens when the society misuses the actual concept of the computer and internet. The computer crime investigation aims to deal with problems that occur online. Before the advent of the internet, crime ussualy took place physically but now crimes can happen in cyberspace. Normally, computer crimes that occur today involve about terminology, telecomunication fraud, embezzlement, computer hacking and many more. In Malaysia, the government has introduced the Computer Crime Act 1997. This act deals with unauthorized access to computer material, unauthorized access with intent to commit other offences and modification of computer intent ( Janaletchumi & Chitra L, 2007).

 

The existence of the computer crime act is aimed at curbing computer crime so that it does not spread because it can damage the peace of the country. Malaysia once busted a data theft syndicate that carried out by ICT technology experts. It was because successfully detected as a result of the information and intelligence of the Bukit Aman Commercial Crime Investigation Department (JSJK) and the Johor Contingent JSJK ( Sinar Harian, 2022 ). Even though, investigating cybercrimes is not an easy task to do because it requires not only knowledge and understanding about the law but it also need a more skills of investigating and ready to face the consequences because the responsible party are facing with a criminal people and ICT technology experts.

3.0 CRIMINAL PROFILLING AND CYBERCRIMINAL INVESTIGATION

Generally, criminal profilling is understood to analyze a case to get a picture of who is the real criminal in the situation. Criminal Profilling and Cybercriminal Investigation is a data set that explain the background of the crime and the criminal characteristics of study participants who have cause them to be put in prison institution ( Siti Nurkhairina, Rahim Kamaludin et all, 2019). Reality of this concept are more requres a lot of research, investigation, ghatering facts and statistics and gaining knowledge about criminal behaviour to help the authorities track down suspects. The job scope of this investigation are using more psychology and need a special methods to unravel the crimes. The case study of Douglas and Burgess (1986), describing that criminal profilling as a an investigative method used by law enforcements especially the police, psychologists, academics and consultants in order to identify key personalities behaviour and demographic characteristics of perpetrators through analysis of crime scene behaviours.

 

Today in Malaysia, cybercrime has become one of the fastest growing types of illegal activity and greatest threat to our country. The criminal profilling’s role in cybercrime investigation can be seen throughout the history of both criminal profilling and cybercrime. Eventhough, this is not an easy task in our country because due to the concept of the internet itself which has no limitations being an obstacle to the resolution of a case. In the word of Natasha Garcia (2018), the purpose of criminal profiling is not solve a crime its own. It attempts to provide support in assisting law enforcement and investigators in a variety of cases, including cybercrime.

4.0 DIGITAL EVIDENCE

Digital evidence can be defined as information and data stored, received or transmitted through electronic devices and it is used as relevant evidence to be presented in accordance with legal claims. This is because, information stored electronically is called to be digital because it has been devide into digits. Aside that, digital evidence is any documentation that satisfies the requirements of ‘evidence’ in a proceeding, but that exist in electronic digital form ( David Mugisha, 2019). This kind of methods are used around the world for helping people to saving all the information.

 

In the world of Digital forensic, we know that is called Digital Evidence. According to Don Mason (2012), digital evidence can be found on computer hard drives, mobile phones, personal digital assistants (PDA), CDs, and flash cards in digital cameras, also other places. Even in Malaysia, this method is used as evidence in variety of cases including cases of computer misuses, conspiracy, murder, rape, and many more. This proven can be help to analysed and used as evidence to prosecute and charge the suspects. The data and evidence in the device stay remain until it is removed or deleted.

 

Today we are realized that computers are involved in many crimes. Too many criminal happen in our country and to arrest and prosecute suspects, so we need a strong evidence to present in court. That’s why in this situation, digital evidence plays a very important role to carry out the investigation of crimes either physically or in cyberspace. However, all the evidence must be relevant, reliable and authentic so that the cases can be settle well.

Malaysia has proven a case that related to the leakage and sale data on the internet. This is because, national forensic experts have managed to find evidence of crime in the suspect’s computer. This issue are about computer network abuse, potential data theft that involve over 46 million mobile phone numbers and its attempt to cover criminal activity. As a result of the investigation by the authorities, this problem can be eradicated and the offenders have been sentenced accordingly (Malaysia Today, 2022).

 

So it is important that digital evidence is used in our country to help the government curb cybercrime which is rapidly increasing to the point of being able to destroy national security and can threaten our system. However, there are still challenges of this method because to investigate the crime, it has to investigate the contents of devices that involved to find evidence. Because we are dealing with criminals who belong to ICT experts that have high knowledge. Most likely, they have deleted all the evidence of the crime so that the investigators cannot find any evidence.

 

Also some things can cause much trouble for the investigators. One of the issue is Stenography. It one of the way that can be hide all information and it cannot easily spotted. For example hiding a document in an image file. According to Jens Olsson ( 2008), an image is usually built up based on an array of pixels where each pixel has an eight-bit value specifying the amount of red, green and blue. This method can change of the colour but it is so small and cannot be seen. That’s why it can give so much to trouble while make a investigation.

5.0 THE DATELINE EFFECT : INTERNET STINGS

Generally, internet sting refer to those who may be engaged in cybercrimes. Usually it often target individual or a group of people that involved in sex related criminal offenses. In the aspect of investigation, internet sting also called as a ‘operation sex sting’ which is one of the method operation in which law enforcement officers impersonate as a under age people or adults that supposedly looking for educational or recrational sexual arrangement in order just to catch a prepetrators who looking for illegal sexual encounters with under age kids ( Premier Defense Group). The most popular topic that related  to internet stings is when adults preying on children and the sex crime happen not only thorugh real-life interact but it can happen through internet activity.

 

To explain this method in details, an officer will go online and pretending to be a young person that seeking for partner to do sex activity with the suspect through some illegal web that allow this kind of culture. But the truth is an officer just play along and already make a plan just to get someone who shows interest to agree and decice to meet up just for a sexual encounter. When the person or suspect showed up, an officer will make a move to arresting the suspect ( Marshall Defense Firm ).

 

In this case, this internet sting operation need a specific procedures and must get the real evidence to convict a suspects and arrest them. That’s why, a charge must be carefully documented. Many criminal cases including this method does not succes because of insufficient evidence and the suspect cant be charge. It is so Important to make a investigation more carefully.

6.0 EVIDENCE ISSUES INVOLVED IN PROSECUTING INTERNET CRIME

Basically, evidence is an important element in the investigation aspect. In legal proceedings, it is traditional to assume that evidence represents the process of establishment of truth during the procedure and learning substaniation of the concept of its content (A.R. Rationov, 1964). This process work as a collecting, studying, evaluating and using evidence in prosecuting internet crime. Specifically, internet crime prosecuting and investigating refers to public security, judicial, state security organize and other administrative agencies that have authorized the criminal investigation and law enforcement authority to conduct authorized internet crime ( Yanbo, Dawei et all, 2019).

 

In this scenario, ussually internet crime can direct threat to our comunities and it cause a lot of trouble to our country because almost any crime often stored in electronic form on computer system placed in other country. It make the authorities are facing the problem to find the all evidence. Nowadays, to make an investigation takes a lot of times because among the offences repoted and recorded by law enforcement authorities, only an infinitesimal part is eventually investigated. There are only a very small fraction is prosecuted and it is only a few are adjudicated ( See Brown, 2015).

 

Indirectly this becomes an issue in an internet crime prosecution. The lack of information and evidence in the investigation caused the activity to curb internet crime to be stunted. A part from that, the resources that available to authorities cannot keep pace with the increasing number of devices, services, users and victims of internet crime (See Brown, 2015).

Increasing technological development and internet use around the world are one of the most challenge for law inforcement. This is because too many amounts of data and devices where it is difficult to distiguish the issue also to find the spesific user. According to Metz (2016), a range of technical challenges render investigations complex, including peer-to-peer networks, The Onion Router (TOR) and other anonymisers, the use of encyption. This is another tool used by criminals to stop incriminating data from getting into the hands of law enforcement.

 

Other than that, the emergence of cloud computing becomes one of the obstacles faced by enforcement law. We know cloud computing one of the new way to save the information without held on spesific device or in closed networks. This can make it difficult for the authorities to find evidence. While in computer forensics procedures, due to the centralized nature of the information technology system, investigators can have fully control over the forensic artefac 9router, process logs, hard disks). However, in the cloud ecosystem, due to the distributed nature of the information technology systems, control over the funtional layers varies among cloud that depending on the service model and will reduced visibility of investigators to control over it ( NIST, 2014).

 

 

 

 

 

7.0 THE POLITICS OF INTERNET CRIME

Internet Crime in politics can affect national security. It because internet crime can risks are a serious concern that can be used to disseminat misinformation, defraud politicians and the public also invade other privacy. In a political context, internet crime can really harmfull and destroy the system of stability especially in politics aspect. Internet criminals have organized into groups that can cause a lot of damage for the pay, extortion, blackmail and many more that are related to politicians people. This is because, cyber criminals are executing politically devastating attakcs in a move to undermine the country systems ( Priyanka Sangani, 2017). This activity is conducted to embarrass and show that agency or company has a weak security.

 

Beside that, the relationship between politics and internet crime can also be seen through spreading and building propaganda threats. Because the criminal often using internet to convey threats against people aside from spread propaganda ( Massoud Ansari, 2004). Using this way can damage the imgae and reputation of the public, especially those who have a position in the country. In fact it is capable of destroying the public’s trust in leaders who are active in the political world. Normally, threats and propaganda can be spread in various forms such as videos, picture and including broadcasting and it will posted online.

 

 

 

8.0 CONCLUSION

The cyber world that exists today can be seen spread everywhere. This prove that it will brings the sense that the threat of cybercrime is around the corner. Because of the treatment of cybercrimes from the act of spreading viruses or malicious code until it apllies to the act of spreading pornograpic material and many more will be remains the case as long as the internet is globally accessible and unrestricted. Concluded that, this situation adds to the effect of danger in cyberspace especially in Malaysia because the attacks are unpredictable and difficult to break it. Even experts still trying to untangle this cybercrimes, however it still difficult because the nature of cybercrimes also evolving along with thetechnology development.

 

Therefore every users and enforcement law agencies need to be quick and efficient to deal with threats like this issue. We all realized it is really hard especially when it comes to the internet we know that is bordeless and it can reach a wide geographical area.. The it is very necessary to create an effort among the government that integrated and collaborative that transcends conventional boundaries either geography or politics of a country around the world.

 

 

 

 

 

REFERENCES

A.R. Rationov (1964). Issues of cognition in court evidencing, Soviet state and law, 8.

 

Douglas, J. E., & Burgess, A. E. (1986). Criminal profiling: A viable investigative tool against violent crime. FBI Law Enforcement Bulletin, 55, p. 9–13

 

Dr Duryana Mohamed (2012). Investigating Cybercrimes Under The Malaysian Cyberlaws And The Criminal Procedure Code Issues And Challenges. Malayan Law Journal Articles. International Islamic University Malaysia.

 

FMT Reporters (2022) Komputer RIba Jadi Tumpuan Siasatan Data. Malaysia Today. Freemalaysiatoday : www.freemalaysiatoday.com.

 

Janetletchumi Appudurai & Chitra L. Ramalingam (2007). Computer Crimes : A case Study Of What Malaysia Can Learn from others?. Journal of digital Forensics, Security and Law. Vol 2 : No. 2, Article 1.

 

Jens Olsson (2008). Computer Forensics. Digital Evidence with Emphasis on Time. Department of Computer Science School of Engineering.

 

Marshall Defnse Firm. Internet Sting Operations. https://marshalldefense.com.

Massoud Ansari (2004). ‘Daniel Pearl ‘refused to be sedated before his throat was cut’’, The Telegraph, 9 Mei 2004, (atas talian)- http://www.telegraph.co.uk/news/worldnews/asia/pakistan.

 

 

Muhammad Adnan, Siti Nur Husna, & Mohd Izhar Ariff (2018). Teori Al-Daruriyyat dan Penggunaan Media Sosial: Satu Perbincangan Konsep. Jurnal Komunikasi: Malaysian Journal of Communication, 34(4), 75-92.

 

Natasha Garcia (2018). The Use of Criminal profiling in Cybercrime investigation. Utica College : https://www.researchgate.net/

 

NIST (2014) Cloud Computing Forensic Science Challenges. Draft NISTIR 8006 : http://csrc.nist. gov/publications/drafts.

 

 

 

 

Premier Defense Group (2000). A Law Pratice Devoted Exclusively To Sex Crimes Defense. The Law Offices of thomas A Pavlinic www.premierdefensegroup.com.

Priyanka Sangani (2017). Cyber criminals now targetting political manipulation. The economics Times. economictimes.indiatimes.com.

 

See Brown 2015. On this topic see also: Office of the Police and Crime Commissioner for Surrey (2015/16). South East Cybercrime Survey, https://www.cybersafesurrey.org/surveyresults.

 

 

See C Metz (2016) Forget Apple vs the FBI: WhatsApp Just Switched on Encryption for a Billion People, 5 April 2016, http://www.wired.com/2016/04/forget-apple-vs-fbi-whatsapp

 

Siti Nurkhairina Mohd Nor, Mohammad Rahim Kamaluddin et all. (2019). Criminat Profile of Female Prisoners in Malaysia. A Qualitative Study.Akademika, 43-56 :https://doi.org/10.17576/akad-2019-8902-04

 

Yanbo Wu et al (2019). Reseacrh on investigation and evidence collection of cybercrime cases. Journal of Pysics Conference Series. Hubei University of Police wuhan, China https://www.researchgate.net/publicatio.

 

Zulhisham Isahak 2022. sinar Harian : Polis Tumpas Sindiket Curi Data Didalangi pakar ICT https://www.sinarharian.com.my/