Confronting digital threats

The Star

6 days ago

PETALING JAYA: The collection and real-time interception of digital evidence proposed by the Home Ministry are essential tools for probing serious crimes and threats, especially in cyberspace, say legal and cybersecurity experts.
Computer science expert Prof Emeritus Datuk Dr Tengku Mohd Tengku Sembok said that as the Home Ministry reviews the national cybercrime framework, the proposed expansion of enforcement powers, and the magnitude and complexity of today's cyber threats underscore the urgent need for modernised legal instruments.
'For Malaysia, aligning legal authority with these provisions would allow investigators to track sophisticated offenders more effectively,' he said when contacted yesterday.
He was commenting on reports that Malaysia is set to sign the United Nations Convention Against Cybercrime in October, according to Datuk Seri Saifuddin Nasution Ismail.
The Home Minister said on July 23 that the country is also in the process of joining the Budapest Convention, i.e. the Council of Europe Convention on Cybercrime.
However, Tengku Mohd said that such powers must be carefully circumscribed as real-time collection should only be permitted with judicial oversight and only for defined serious offences.
'Procedural safeguards such as time-limited authorisations, audit logging and data minimisation must be included in the framework,' he said.
Oversight mechanisms, he added, should include independent reviews, periodic public reporting and clearly defined accountability protocols.
'These controls are vital to ensure that public trust and civil liberties are maintained,' he said.
Malaysia Cyber Consumer Association (MCCA) president Siraj Jalil said the upcoming legislation should be more inclusive and have stronger enforcement powers to face various ever-evolving cyber threats.
'We hope the police will lead the enforcement efforts through a dedicated cybercrime department, given that cybercrime is among the most reported threats, according to various authorities.
'The most common threats the public is currently facing are online scams, fraud and phishing, with the rise of artificial intelligence (AI)-generated phishing links,' he said.
He added that cybercrime isn't limited to financial scams, but is also evolving with the misuse of AI and sexual crimes against children.
'People may not even realise that they are victims of such a scam.
'For instance, if their photos are exploited for AI-generated content, that is also cybercrime.
'And there are many cases of those using pictures of VIPs to dupe victims,' he said, adding that the government should consider all of these situations.
Malaysian Bar Legal Tech, AI and Sandbox committee co-chairperson Sathish Mavath Ramachandran said that of late, the Bar Council is frequently consulted by federal regulators and government ministries and agencies regarding law reform and legal issues.
'That includes amendments to existing laws and regulations, as well as formulation of new laws and regulations.
'This is a truly transformational development.
'Our suggestions and proposals are not always accepted, but that is to be expected.
'The regulators and our Federal Government must ultimately decide based on their processes, procedures, protocols and policies.
'The consultation over the past two and a half years has been meaningful, especially in the areas of cyber, technology, digital and personal data laws, including AI and cybercrimes,' he said.
One of the key longstanding challenges in tackling cybercrime is its cross-border nature, said data protection practitioner Deepak Pillai.
'Cybercrime incidents often involve perpetrators or digital infrastructure that are located across multiple jurisdictions.
'This significantly limits the ability of local enforcement agencies to effectively investigate, gather evidence, recover affected assets or take further enforcement action.
'As such, it is a welcome development that the government is planning to join international frameworks such as the Budapest Convention and the UN Convention on Cybercrime,' he said.