Malaysia legislation

Section 236

of COMMUNICATIONS AND MULTIMEDIA ACT 1998

Section 236

Fraud and related activity in connection with access devices, etc.

(a)

produces, assembles, uses, imports, sells, supplies or lets for hire any counterfeit access devices;

(b)

possesses any counterfeit access device or unauthorized access device;

(c)

produces, assembles, uses, imports, sells, supplies or lets for hire, or has control or custody of, or possesses any device-making equipment; or

(d)

produces, assembles, uses, imports, sells, supplies or lets for hire, or has control or custody of, or possesses—

(i)

any equipment, device or apparatus that has been modified or altered to obtain unauthorized use of any network service, applications service or content applications service; or

(ii)

hardware or software used for altering or modifying any equipment, device or apparatus to obtain unauthorized access to any network service, applications services or content applications service, commits an offence.

(2)

A person who without the authorization of the issuer of an access device, solicits a person for the purpose of—

(a)

offering an access device; or

(b)

selling information regarding, or an application to obtain, an access device, commits an offence.

(3)

A person who commits an offence under subsection (1)

or (2) shall, on conviction, be liable to a fine not exceeding

122

Act 588

five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(4)

For the purposes of this section—

“counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device;

“device-making equipment” means any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device;

“unauthorized access device” means any access device that is lost, stolen, expired, revoked, cancelled or obtained with intent to defraud.

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