Malaysian Cyber Law Case Detention Letter

I found out that for Lin Mun Poo case. There is a detention letter that request for permanent order of detention of defendant.

I found that it is quite interesting as the letter clearly stated facts about why request for permanent order of detention for defendant and clearly stated the reasons.
    
Lin Mun Poo is basicaly charged for following
- Access device fraud and aggravated identity theft (Counts One and Two)
- Computer hacking (unauthorized computer access and tranmission of malicious code involving computer network of the federal reserve bank targeting the national security, military and financial sectors of US (Counts Three and Four)

Under US Bail Reform Act, there is two elements to prove for maintain permanent detention

1. Nature and Circumstances of Crimes Charged and the Evidence of the Defendant's Guilt
- During defendant arrest, seized defendant's ecrypted laptop with massive quantity of stolen financial account and personal identifying information include 400,000 credit card, debit card and bank account numbers which in violation of 18 U.S.C SS 1029 and 1028A (Counts One and Two)
- In his post arrest statement, defendant admitted compromise a computer network of the Federal Reserve Bank by exploiting vulnerability of the secure system around June 2010 resulting thousands of dollars in damage and affecting ten or more FRB computers forming (Counts Three and Four)
- Laptop contains significant hacking activity, for example possesed data illegally from FedComp computer network, illegally hacking into the Fedcomp system and unauthorized access to data of Firemen's Association of the State of New York Federal Credit Union and Mercer County New Jersey Teacher's Federal Credit Union
- Admitted to compromise computer networks of several major international banks and companies and admitted earning money by finding and exploiting network vulnerabilities or trading and selling the information contained
- In august 2010, defendant hacked into secure computer system of a major Department of Defense Contractor which provides systems management of military transport and other highly sensitive military operations
- In conclusion, evident showed that defendant hack into US financial and national security sectors

2. History and Characteristics of the Defendant and Risk of Flight
- Defendant appears to US sole purpose is to engage in criminal activity within hours of arrival on October 21,2010, US Secret Service Agents observed defendant selling stolen credit card numbers for $1000 at diner in Brooklyn and arrested him
- Defendant if released will obtain a new identity and obtain financial through unauthorized access to faciliate his flight back to Malaysia or other countries
- Under United States Sentencing Guideline S 2B1.1, which assigns a minimum of loss amount of $500 per unauthorized access device (resulting in a total loss amount of at least $20 million), estimated Guidelines range for Count One alone is 78 or 97 months
- Charged with aggravated identity theft in violation of 18 U.S.C. S 1028A, which carries a mandatory consecutive sentence of 2 years

In Conclusion
- For these reasons,government requested Court maintain permanent order of detention issued on October 22,2010 to defendant

Sample of Lin Mun Poo Detention Letter

*Note above texts is my comments