Cybercrime in the Jordanian and Malaysian legal systems: criminal procedures and evidence

Abstract

Cybercrimes are an ever growing threat to both states and many persons throughout the globe. Cybercrimes offenders had even intruded governmental websites. Members of communities are no less at risk too from these sorts of crimes perpetrated on them knowingly or unknowingly. Things like Malwares, spywares, spamming, phishing, viruses such as Trojan, Worms etc. have continuously affected computer and internet users financially, personally, and professionally. Computers and internet users’ privacy, confidentiality, security etc. are compromised. Their data and communications are compromised without their consent. By so doing, unwittingly or wittingly, those who do them commit offences that do not just fall foul under the Computer Crimes Act, but also under other Acts governing a person’s personal data (Personal Data Protection Act), internet usage (Multimedia and Communication Act), personal account (Banking and financial Institution Act) and perhaps many more. This thesis revolves around the various issues faced by the Jordanian legal system in the investigation and prosecution of cybercrimes who is currently addressing them through her the traditional criminal laws i.e. the Penal Code. Developed countries have been very conscious of this matter over the past years. Several agreements have taken place through international treaties, and specific laws were formulated for these types of crimes. This lead to the facilitation of professionally held investigations, as well as prosecutions, in a more legally systematic manner, which in turn resulted in a better degree of control over cybercrimes. England and her former Commonwealth countries such Australia and even Malaysia already have several cybercrime laws. Considering how wide-spread cybercrime has become, serious questions must be raised whether the current Jordanian traditional criminal laws can stand up against the threat by the cybercrimes perpetrators. Does Jordan have the necessary substantive laws on computer crimes to deal with cybercrimes, and the necessary procedural and evidential laws to complement the computer crimes law? Malaysia has adopted a specific set of laws in order to exclusively address the issue of cybercrime including the necessary provisions in her Criminal Procedure Code (Act 593) and the Evidence Act 1950 to complement her cybercrime laws. Malaysia’s Computer Crimes Act of 1997 could be an ideal model for Jordan who has yet to have one. A comparative analysis will be carried out between the Malaysian and Jordanian legal systems, with regards to their investigations and prosecutions of cybercrimes, and their procedural and evidential matters such as proof and punishment.