BRIDGING BARRIERS:
LEGAL
AND
TECHNICAL
OF
CYBERCRIME CASES
Professor Abu Bakar Munir
Faculty of Law
University of Malaya, Kuala Lumpur
5 July 2011
Session 1 :
Outline
•
Introduction
•
Cybercrime : The Growing Global Threat
•
Know The Hackers
•
The Law in Action
•
Some Recent Developments
•
Lessons from Cyber Storm
Cybersecurity is one of
the risks that the world will
Cybercrime is not a
brave new world –
It s a bad new world
2000-2003
• Cybercrooks looked for ways to turn attention towards real computer threat
• They showed off their skills by temporarily taking down popular websites such as CNN, Yahoo and E-Bay through DOS attack
2004-2005
• By this time cyber
scammers had proved their skills and it was time to move beyond doing damage and make real money
• Use softwatre to get access to computer and steal passwords and credit cards information
• Cybercriminals also spread viruses
2006-2008
• With a growing amonut of money at stake,
cybercriminals began organising into gangs
• Became more discreet in their methods, while still showing off their techs savvy
2009-2010
• Social networking sites started to take off, cybercrooks realised they could get their hands on a wealth of personal information if they played the game right
• With users posting huge amounts of information, all cybercrooks had to do was virtually interact with usese to gain access to their information
What’s
Next?
• Continuation of social-networking scams and tricks
• Phishing
• Mobile devices and application present great opportunity for
NOT slowing down
•
Internet penetration is increasing
•
Social Networking Sites are extremely popular
•
Domain Names are increasing
•
Mobile Devices and applications are increasing
•
Cybercriminals are quickly developing new
techniques
We are not afraid of the
threat because we are
prepared
…
with the
layers and shields
created by government
technical experts, it was
not easy to hack
government portals
Their perceptions
•
Always yield the hands-on imperative
– access to computers
and anything else which might teach you about the way the world
works should be unlimited and total
•
All information should be free
•
Mistrust Authority
•
Hackers should be judged by their hacking,
not criteria such as
degrees, age, race or position
•
You can create art and beauty on a computer
Hacking subculture as a social movement
•
Minimal organization
– the hacking culture has a
significant membership of followers and its share
of leaders
•
Uninstitutionalised collectivity –
always been
considered as an out group
•
Proposes or opposes change
•
Counted by an established order
•
Significantly large in scope
They are smart; they ingenious; they
are creative; and I can tell you that on
one level, they are people you would
enjoy hanging out with.
Why Difficult to Get Them?
In the Hackers Words
…
And at this point, many people assume we would then
proceed to copy everything we find and then thrash the
system
…
It makes no sense. We thirst for knowledge
and information, and then you can possibly thing that we
can destroy that which is sacred to us? To take away
A hacker said,
…
and whatever you do continue the fight.
Whether you know it or not, if you are a hacker,
you are a revolution crash.
Another hacker said,
No.
Case
Court/Date
Offence
Offender
Outcome
1. R v. Zachary Woodham
Crown Court/ 13 May 2011
Unauthorized Modification
Teenager Guilty Plea 2. R v Paul Mc Loughlin Crown Court/
13 May 2011
Making, supplying or obtaining articles for use in
offence
Student Guilty Plea
3. R v. Ashley Mitchell Crown Court/ 3 Feb 2011
Unauthorized Access
Poker Guilty Plea 4. R v. Matthew
Anderson
Crown Court/ 22 Oct 2010
Unauthorized Modification
Manager and Virus Writer
Guilty Plea 5. R v. Dale Trever Crown Court/
16 Sept 2010
Unauthorized Access
Manager Guilty Plea
6 R v. Balvinder Basran Magistrates Court/ 9 Sept
2010
Unauthorized Access
Police Officer Guilty Plea
7 R v. Robert Campbell Crown Court/ 8 Jun 2010
Unauthorized Access
8. R v. Susan Holmes Magistrates Court/15 Feb
2008
Unauthorized Access
Ex employee Guilty Plea
9. R v. Mark Hopkins Magistrates Court/9 Aug
2007
Unauthorized Access
Managing Director and Website Designer
Guilty Plea
10. R v. Scott Gelsthorpe and Jeremy Young
Crown Court/ 27 Jun 2007
Unauthorized Modification and Conspiracy
Police Officer Guilty Plea
11. R v. Matthew Byrne Crown Court/
Hacker Guilty Plea
12. R v. David Lennon Youth Court/ 23 Aug 2006
Unauthorized Modification
Teenager Guilty Plea 13. R v. Daniel Cuthbert Magistrates
Court / 7 Oct 2005
Unauthorized Modification
IT Security Consultant
Found Guilty
14. R v. Joseph Mc Elroy Crown Court/ 3
15. R v. Aaron Caffrey Crown Court/ 17 Oct 2003
Unauthorized Modification/ DDoS
Attack
Teenager Acquitted
16. R v. Simon Vallore Crown Court/ 21Jan 2003
Unauthorized Modification
Web Designer Guilty Plea
17. R v. Stephen Carey Crown Court/
Found Guilty
18. Yarimaka v. Governor of HM
Prison Brixton
Queen Bench Division/ 20 Mar
2002
Unauthorized Modification
Foreigner Habeas Corpus denied 19. R v. Raphael Gray Crown Court/
6 Jul 2001
Unauthorized Modification
Teenage hacker Guilty Plea
20. R v. Paul Maxwell King
Court of Appeal/ 24Nov 2000
Unauthorized Modification
Unknown Guilty Plea
21. R v. William Culbert Crown Court/ No date
Unauthorized Access/ Unauthorized
Modification
22 Morgans v. Director of Public
Prosecutions
House of Lords/ 17 Feb 2000
Unauthorized Access Unknown Conviction Quashed 23. R v. Michelle Begley Magistrates
Court/ No date
Unauthorized Access/ Harassment
Police Officer Found Guilty
24. R v. Ian Morris and Richard Airlie
Crown Court/ No date
Unauthorized Access IT Supplier Found Guilty
25. R v. Matthew Bevan Magistrates Court/ 21 Nov
1997
Unauthorized Access/ Unauthorized
Modification
Teenage hacker Acquitted
26. R v. Simon Regan, Julian Taylor
Magistrates Court/ no date
Unauthorized Access Engineer Found Guilty
27. R v. Moody Crown Court / No date
Unauthorized Modification
Ex Employee Found Guilty
28. DPP v. Bignall & Anor
Queens Bench/ 6 Jun 1997
29 R v. Pryce Magistrates Court/ 21Mar 1997
Unauthorized Access/ Unauthorized
Modification
Teenage Hacker Guilty Plea
30. R v.Feltis Crown Court/
Found Guilty
31 R v. Spielmann Magistrates Court / No date
Unauthorized Access Ex Employee Found Guilty
32 R v. Rymer Crown Court/ no date
Unauthorized Modification
Male Nurse Found Guilty 33 R v. Alfred
Progarammer Acquitted 35 R v. Elaine Borg Court not
known/ no date
Unauthorized Access with intent to commit
further Offence
Computer Operator
Cont
…
Ex Employee Acquitted
38. R v. Ross Pearlstone Magistrates Court / No date
Unauthorized Access
Ex Employee Found Guilty
39. R v. Bernnett Court not known/ no date
Unauthorized Access
