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Aiding or abetting in the commission of cybercrime prevention

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The possession of an item referred to in subparagraphs 5 a i or ii above, with the intent to use said devices for the purpose of committing any of the offenses under this section. Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, otherwise making available, or possession of computer devices or data referred to in this section is for the authorized testing of a computer system.

If any of the punishable acts enumerated in Section 4 A is committed against critical infrastructure, the penalty of reclusion temporal , or a fine of at least Five Hundred Thousand Pesos P, Computer-related Offenses, which shall be punished with imprisonment of prision mayor , or a fine of at least Two Hundred Thousand Pesos P, The input, alteration or deletion of any computer data without right, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or.

The act of knowingly using computer data, which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. Computer-related Identity Theft — The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided , That if no damage has yet been caused, the penalty imposable shall be one 1 degree lower.

Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in Republic Act No. Section 5. Other Cybercrimes. Cyber-squatting — The acquisition of a domain name over the internet, in bad faith, in order to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:. Cyber-squatting shall be punished with imprisonment of prision mayor , or a fine of at least Two Hundred Thousand Pesos P, Cybersex — The willful engagement, maintenance, control or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

Any person found guilty cybersex shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos P, Cybersex involving a child shall be punished in accordance with the provision on child pornography of the Act. Where the maintenance, control, or operation of cybersex likewise constitutes an offense punishable under Republic Act No. Libel — The unlawful or prohibited acts of libel, as defined in Article of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future shall be punished with prision correccional in its maximum period to prision mayor in its minimum period or a fine ranging from Six Thousand Pesos P6, Other offenses — The following acts shall also constitute an offense which shall be punished with imprisonment of one 1 degree lower than that of the prescribed penalty for the offense, or a fine of at least One Hundred Thousand Pesos P, Section 6.

Corporate Liability. If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five Million Pesos P5,, The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

Section 7. Section 8. Liability under Other Laws. Section 9. Law Enforcement Authorities. Section Powers and Functions of Law Enforcement Authorities. Duties of Law Enforcement Authorities. Preservation and Retention of Computer Data. Content data shall be similarly preserved for six 6 months from the date of receipt of the order from law enforcement authorities requiring its preservation.

The service provider ordered to preserve computer data shall keep the order and its compliance therewith confidential. Collection of Computer Data. The court warrant required under this section shall be issued or granted upon written application, after the examination under oath or affirmation of the applicant and the witnesses he may produce, and the showing that: 1 there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, is being committed or is about to be committed; 2 there are reasonable grounds to believe that the evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of any such crimes; and 3 there are no other means readily available for obtaining such evidence.

Disclosure of Computer Data. Law enforcement authorities shall record all sworn complaints in their official docketing system for investigation. Search, Seizure and Examination of Computer Data. Within the time period specified in the warrant, to conduct interception, as defined in this Rules, and to:.

Pursuant thereto, the law enforcement authorities may order any person, who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein, to provide, as is reasonable, the necessary information to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon, but in no case for a period longer than thirty 30 days from date of approval by the court. Custody of Computer Data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made or, if made, that all such duplicates or copies are included in the package deposited with the court.

The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. Destruction of Computer Data. Exclusionary Rule. The Rules of Court shall have suppletory application in implementing the Act. Extent of Liability of a Service Provider.

The obligations and liabilities of the parties under a computer data;. The making, publication, dissemination or distribution of such computer data or any statement made in such computer data, including possible infringement of any right subsisting in or in relation to such computer data: Provided , That:.

The obligation of a service provider as such under a licensing or other regulatory regime established under law;. The civil liability of any party to the extent that such liability forms the basis for injunctive relief issued by a court under any law requiring that the service provider take or refrain from actions necessary to remove, block or deny access to any computer data, or to preserve evidence of a violation of law.

Jurisdiction shall lie if any of the elements was committed within the Philippines, or committed with the use of any computer system that is wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

Designation of Cybercrime Courts. Designation of Special Prosecutors and Investigators. International Cooperation. The DOJ shall cooperate and render assistance to other contracting parties, as well as request assistance from foreign states, for purposes of detection, investigation and prosecution of offenses referred to in the Act and in the collection of evidence in electronic form in relation thereto.

The principles contained in Presidential Decree No. In this regard, the central authority shall:. Provide assistance to a requesting State in the real-time collection of traffic data associated with specified communications in the country transmitted by means of a computer system, with respect to criminal offenses defined in the Act for which real-time collection of traffic data would be available, subject to the provisions of Section 13 hereof;.

Provide assistance to a requesting State in the real-time collection, recording or interception of content data of specified communications transmitted by means of a computer system, subject to the provision of Section 13 hereof;. Receive a request of another State for it to order or obtain the expeditious preservation of data stored by means of a computer system located within the country, relative to which the requesting State shall submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data: Provided , That:.

The offense that is the subject of a criminal investigation or proceedings and a brief summary of the related facts;. The stored computer data to be preserved and its relationship to the offense;. That the requesting State shall submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.

Upon receiving the request from another State, the DOJ and law enforcement agencies shall take all appropriate measures to expeditiously preserve the specified data, in accordance with the Act and other pertinent laws. For the purposes of responding to a request for preservation, dual criminality shall not be required as a condition;. The request concerns an offense that the Philippine Government considers as a political offense or an offense connected with a political offense; or.

The Philippine Government considers the execution of the request to be prejudicial to its sovereignty, security, public order or other national interest. The requesting State will determine whether its request should be executed; and. Any preservation effected in response to the request referred to in paragraph d shall be for a period not less than sixty 60 days, in order to enable the requesting State to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data.

Following the receipt of such a request, the data shall continue to be preserved pending a decision on that request. Accommodate request from another State to search, access, seize, secure, or disclose data stored by means of a computer system located within the country, including data that has been preserved under the previous subsection. The Philippine Government shall respond to the request through the proper application of international instruments, arrangements and laws, and in accordance with the following rules:.

There are grounds to believe that relevant data is particularly vulnerable to loss or modification; or. The instruments, arrangements and laws referred to in paragraph b of this section otherwise provide for expedited cooperation. The requesting State must maintain the confidentiality of the fact or the subject of request for assistance and cooperation. It may only use the requested information subject to the conditions specified in the grant.

Make a request to any foreign state for assistance for purposes of detection, investigation and prosecution of offenses referred to in the Act;. The criminal offenses described under Chapter II of the Act shall be deemed to be included as extraditable offenses in any extradition treaty where the Philippines is a party: Provided , That the offense is punishable under the laws of both Parties concerned by deprivation of liberty for a minimum period of at least one year or by a more severe penalty.

The Secretary of Justice shall designate appropriate State Counsels to handle all matters of international cooperation as provided in this Rule. From then on, digital life seemed to evolve in a much faster way than any of us could have ever imagined: text messaging on phones were introduced, as well as cameras, email access, and other computer-like features. A great part of our lives are now dictated by online and internet activities — we buy, sell, play games, watch movies, interact, meet, and fellowship, and videoconference on our devices.

The way we live our lives has truly changed. And with this change, we have to face the fact that offenses may be committed, and persons may be aggrieved. This is why the Cybercrime Prevention Act of was passed. There are three 3 general classifications of cybercrime offenses under the Cybercrime Prevention Act of , these are: a offenses against confidentiality, integrity and availability of computer data and systems; b computer-related offenses; and c content- related offenses.

Offenses against confidentiality and integrity of computer data or system may be committed by the illegal access of computer data; illegal interception by technical means of computer data; data or system interference, whether intentionally or recklessly resulting to damage, deletion or deterioration of computer data, electronic document or data message including the introduction or transmission of viruses; misuse and possession of devices including computer programs, computer password, access code, or similar data for the purpose of committing any of the acts under the Cybercrime Prevention Act; and cyber-squatting Section 4 a Topics: Tranquil G.

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The government of course asserts that the law merely seeks to reasonably put order into cyberspace activities, punish wrongdoings, and prevent hurtful attacks on the system. Petitioners challenge the constitutionality of the following provisions of the cybercrime law that regard certain acts as crimes and impose penalties for their commission as well as provisions that would enable the government to track down and penalize violators. These provisions are:. Some petitioners also raise the constitutionality of related Articles , , , and of the RPC on the crime of libel.

Fails to meet the strict scrutiny standard required of laws that interfere with the fundamental rights Constitutional. The Court finds nothing in Section 4 a 1 that calls for the application of the strict scrutiny standard since no fundamental freedom, like speech, is involved in punishing what is essentially a condemnable act — accessing the computer system of another without right. It is a universally condemned conduct.

Suffers from overbreadth as it intrudes into the area of protected speech and expression Constitutional. But Section 4 a 3 does not encroach on these freedoms at all. It simply punishes what essentially is a form of vandalism, the act of willfully destroying without right the things that belong to others, in this case their computer data, electronic document, or electronic data message.

Such act has no connection to guaranteed freedoms. Section 4. Cybercrime Offenses. The challenge to the constitutionality of Section 4 a 6 on ground of denial of equal protection is baseless. Violates the constitutional rights to due process and to privacy and correspondence, and transgresses the freedom of the press. The law punishes those who acquire or use such identifying information without right, implicitly to cause damage.

Petitioners simply fail to show how government effort to curb computer-related identity theft violates the right to privacy and correspondence as well as the right to due process of law. Also, the charge of invalidity of this section based on the overbreadth doctrine will not hold water since the specific conducts proscribed do not intrude into guaranteed freedoms like speech.

Clearly, what this section regulates are specific actions: the acquisition, use, misuse or deletion of personal identifying data of another. Further, petitioners fear that Section 4 b 3 violates the freedom of the press in that journalists would be hindered from accessing the unrestricted user account of a person in the news to secure information about him that could be published.

But this is not the essence of identity theft that the law seeks to prohibit and punish. Evidently, the theft of identity information must be intended for an illegitimate purpose. Moreover, acquiring and disseminating information made public by the user himself cannot be regarded as a form of theft. Violates freedom of expression insofar as between husband and wife or consenting adults. The Act actually seeks to punish cyber prostitution, white slave trade, and pornography for favor and consideration.

This includes interactive prostitution and pornography, i. Sec 4 c 2 — Child Pornography 2 Child Pornography. Petitioners are wary that a person who merely doodles on paper and imagines a sexual abuse of a year-old is not criminally liable for producing child pornography but one who formulates the idea on his laptop would be.

Further, if the author bounces off his ideas on Twitter, anyone who replies to the tweet could be considered aiding and abetting a cybercrime. The question of aiding and abetting the offense by simply commenting on it will be discussed elsewhere below. For now the Court must hold that the constitutionality of Section 4 c 2 is not successfully challenged. These have never been outlawed as nuisance since people might have interest in such ads.

What matters is that the recipient has the option of not opening or reading these mail ads. That is true with spams. Their recipients always have the option to delete or not to read them. To prohibit the transmission of unsolicited ads would deny a person the right to read his emails, even unsolicited commercial ads addressed to him.

Commercial speech is a separate category of speech which is not accorded the same level of protection as that given to other constitutionally guaranteed forms of expression but is nonetheless entitled to protection. The State cannot rob him of this right without violating the constitutionally guaranteed freedom of expression. Unsolicited advertisements are legitimate forms of expression. Where the offended party is a public individual, actual malice is required to be proven.

If the offended party is a private individual, malice is presumed. Petitioners would go further. People even where the offended parties happened to be public figures. Also, petitioners contend that the laws violate the International Covenant of Civil and Political Rights to the effect that penal defamation laws should include defense of truth. As to the ICCPR, General Comment 34 does not say that the truth of the defamatory statement should constitute an all-encompassing defense.

As it happens, Article recognizes truth as a defense but under the condition that the accused has been prompted in making the statement by good motives and for justifiable ends. It simply suggested that defamation laws be crafted with care to ensure that they do not stifle freedom of expression.

The Court agrees with the Solicitor General that libel is not a constitutionally protected speech and that the government has an obligation to protect private individuals from defamation. The internet is characterized as encouraging a freewheeling, anything-goes writing style. Whether these reactions to defamatory statement posted on the internet constitute aiding and abetting libel, acts that Section 5 of the cybercrime law punishes, is another matter that the Court will deal with next in relation to Section 5 of the law.

Other Offenses. Petitioners assail the constitutionality of Section 5 that renders criminally liable any person who willfully abets or aids in the commission or attempts to commit any of the offenses enumerated as cybercrimes. It suffers from overbreadth, creating a chilling and deterrent effect on protected expression.

Unconstitutional as to Aiding or Abetting in Sec. Constitutional as to Aiding or Abetting in Sec. The old parameters for enforcing the traditional form of libel would be a square peg in a round hole when applied to cyberspace libel. Unless the legislature crafts a cyber libel law that takes into account its unique circumstances and culture, such law will tend to create a chilling effect on the millions that use this new medium of communication in violation of their constitutionally-guaranteed right to freedom of expression.

Vague and overbroad. The severity of criminal sanctions may well cause speakers to remain silent rather than communicate even arguably unlawful words, ideas, and images. Section 5 with respect to Section 4 c 4 Libel is unconstitutional. Its vagueness raises apprehension on the part of internet users because of its obvious chilling effect on the freedom of expression, especially since the crime of aiding or abetting ensnares all the actors in the cyberspace front in a fuzzy way.

In the absence of legislation tracing the interaction of netizens and their level of responsibility such as in other countries, Section 5, in relation to Section 4 c 4 on Libel, Section 4 c 3 on Unsolicited Commercial Communications, and Section 4 c 2 on Child Pornography, cannot stand scrutiny. None of these offenses borders on the exercise of the freedom of expression. The crime of willfully attempting to commit any of these offenses is for the same reason not objectionable.

Another hacker may have gained access to usernames and passwords of others but fail to use these because the system supervisor is alerted. If Section 5 that punishes any person who willfully attempts to commit this specific offense is not upheld, the owner of the username and password could not file a complaint against him for attempted hacking.

But this is not right. The hacker should not be freed from liability simply because of the vigilance of a lawful owner or his supervisor. Petitioners of course claim that Section 5 lacks positive limits and could cover the innocent. While this may be true with respect to cybercrimes that tend to sneak past the area of free expression, any attempt to commit the other acts specified in Section 4 a 1 , Section 4 a 2 , Section 4 a 3 , Section 4 a 4 , Section 4 a 5 , Section 4 a 6 , Section 4 b 1 , Section 4 b 2 , Section 4 b 3 , and Section 4 c 1 as well as the actors aiding and abetting the commission of such acts can be identified with some reasonable certainty through adroit tracking of their works.

Absent concrete proof of the same, the innocent will of course be spared. Section 6 merely makes commission of existing crimes through the internet a qualifying circumstance. As the Solicitor General points out, there exists a substantial distinction between crimes committed through the use of information and communications technology and similar crimes committed using other means.

In using the technology in question, the offender often evades identification and is able to reach far more victims or cause greater harm. The distinction, therefore, creates a basis for higher penalties for cybercrimes. Liability under Other Laws. Violation of the right against double jeopardy Unconstitutional as to online libel and online child pornography.

When two different laws define two crimes, prior jeopardy as to one does not bar prosecution of the other although both offenses arise from the same fact, if each crime involves some important act which is not an essential element of the other. With the exception of the crimes of online libel and online child pornography, the Court would rather leave the determination of the correct application of Section 7 to actual cases.

Online libel is different. There should be no question that if the published material on print, said to be libelous, is again posted online or vice versa, that identical material cannot be the subject of two separate libels. The two offenses, one a violation of Article of the Revised Penal Code and the other a violation of Section 4 c 4 of R. Indeed, the OSG itself claims that online libel under Section 4 c 4 is not a new crime but is one already punished under Article Section 4 c 4 merely establishes the computer system as another means of publication.

Charging the offender under both laws would be a blatant violation of the proscription against double jeopardy. The same is true with child pornography committed online. Penalties are too severe. The matter of fixing penalties for the commission of crimes is as a rule a legislative prerogative.

Here the legislature prescribed a measure of severe penalties for what it regards as deleterious cybercrimes. They appear proportionate to the evil sought to be punished. The courts should not encroach on this prerogative of the lawmaking body. Real-Time Collection of Traffic Data. Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: 1 that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed; 2 that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and 3 that there are no other means readily available for obtaining such evidence.

Petitioners assail the grant to law enforcement agencies of the power to collect or record traffic data in real time as tending to curtail civil liberties or provide opportunities for official abuse. They claim that data showing where digital messages come from, what kind they are, and where they are destined need not be incriminating to their senders or recipients before they are to be protected.

Petitioners invoke the right of every individual to privacy and to be protected from government snooping into the messages or information that they send to one another. See full text for the discussion regarding the right to privacy, touching the topics of informational privacy and the technicalities of traffic data and computer data transferred through the internet.

Cybercrime Offenses. Section 5. Other Offenses. Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one 1 degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Section 7. Liability under Other Laws. Section 8. Any person found guilty of the punishable act under Section 4 a 5 shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos PhP, If punishable acts in Section 4 a are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos PhP, Any person found guilty of any of the punishable acts enumerated in Section 4 c 1 of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos PhP, Any person found guilty of any of the punishable acts enumerated in Section 4 c 2 of this Act shall be punished with the penalties as enumerated in Republic Act No.

Any person found guilty of any of the punishable acts enumerated in Section 4 c 3 shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos PhP50, Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one 1 degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos PhPl00, Section 9.

Corporate Liability. If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos PhP5,, The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

Section Law Enforcement Authorities. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act. Duties of Law Enforcement Authorities. Real-Time Collection of Traffic Data. All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information. The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: 1 that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: 2 that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and 3 that there are no other means readily available for obtaining such evidence.

Preservation of Computer Data. Content data shall be similarly preserved for six 6 months from the date of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a one-time extension for another six 6 months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance. Disclosure of Computer Data. Search, Seizure and Examination of Computer Data. Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.

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Salvador III. At that time, we would only use typewriters for our written school requirements, while the more technologically-advanced used electric typewriters. As a young lawyer more than a decade later, I had a beeper that would receive messages from those who wanted to talk with or see me. Then came the mobile analog phones in the mids together with my first taste of the email in a computer.

From then on, digital life seemed to evolve in a much faster way than any of us could have ever imagined: text messaging on phones were introduced, as well as cameras, email access, and other computer-like features. A great part of our lives are now dictated by online and internet activities — we buy, sell, play games, watch movies, interact, meet, and fellowship, and videoconference on our devices. The way we live our lives has truly changed. And with this change, we have to face the fact that offenses may be committed, and persons may be aggrieved.

This is why the Cybercrime Prevention Act of was passed. There are three 3 general classifications of cybercrime offenses under the Cybercrime Prevention Act of , these are: a offenses against confidentiality, integrity and availability of computer data and systems; b computer-related offenses; and c content- related offenses. Offenses against confidentiality and integrity of computer data or system may be committed by the illegal access of computer data; illegal interception by technical means of computer data; data or system interference, whether intentionally or recklessly resulting to damage, deletion or deterioration of computer data, electronic document or data message including the introduction or transmission of viruses; misuse and possession of devices including computer programs, computer password, access code, or similar data for the purpose of committing any of the acts under the Cybercrime Prevention Act; and cyber-squatting Section 4 a Topics: Tranquil G.

More from this Category: This is what we do. As the cyber world expands, cybercrime grows with it. Cybercrime is complex, given that there are no geographical boundaries in the cyber world. Actions on the internet have quick and far reaching consequences. Anonymity permitted by the cyber space complicates matters further.

Hence such activities cannot be satisfactorily handled by conventional laws. It was implemented to finally penalize cybersex, child pornography, identity theft and unsolicited electronic communication in the Philippines. Prior to , no laws existed to specifically criminalize computer crimes. Although certain laws exist such as Republic Act No. Former senator Edgardo Angara was the principal author of the Republic Act This paper will discuss the content of the Republic Act which is composed of eight chapters with thirty-one sections overall.

This paper will also discuss the implications of the law and recommendations regarding the act will be given also. Lastly, the third section introduces terms and its definition to fully understand the proceedings of the law. Important terms on the third section are as follows:. The Cybercrime Prevention Act of is the law governing the cyber space and punishes cybercrime offenses. Section 4 tackles these offenses which are divided into three main groups namely a offenses against the confidentiality, integrity and availability of computer data systems; b computer related offenses; and c content related offenses.

The Act does not only punishes those who committed the crime but also punishes aiding or abetting and attempting to commit a cybercrime. If the punishable offenses are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person who has a leading position within the structure of the juridical person, the juridical person may be held liable along with the natural person.

Offenses against confidentiality, integrity, and availability of computer data and systems shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos P, Illegal Access — The access to the whole or any part of a computer system without right.

Illegal Interception — The interception made by technical means and without right, of any non-public transmission of computer data to, from, or within a computer system, including electromagnetic emissions from a computer system carrying such computer data. Data Interference — The intentional and without right, damaging, deleting, deterioration, alteration or suppression of computer data.

System Interference — The intentional and without right, acts that seriously hinder the functioning of a computer system. Misuse of Devices shall be punished with imprisonment of prision mayor or a fine of not more than Five Hundred Thousand Pesos P, The use, production, sale, procurement, importation, distribution or making available, intentionally and without right of a device designed or adapted primarily for the purpose of committing any of the offenses under these rules;.

A computer password, access, code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent to use. Computer-related Offences shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos P, Computer-related Forgery — The input, alteration or deletion of any computer data without right, resulting in inauthentic data, which the intent considered or acted upon are for legal purposes as if it were authentic.

Computer-related Fraud — The act of knowingly using computer data with fraudulent intent, causing damage and loss to a person. Computer-related Identity Theft — The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another without right.

Content-related Offenses is an act of producing, offering, distributing, procuring, or possessing child pornography using a computer system. Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in Republic Act No. Cybersquatting — The acquisition of a domain name over the internet in order to profit, mislead, destroy reputation, and deprive others from registering the same or identical domain name with government agency and personal name.

This act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos P, If the act is committed against critical infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred Thousand Pesos P, Cybersex — The willful engagement, maintenance, control or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

Any person found guilty of cybersex shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos P, Libel — As defined in Article of the Revised Penal Code, the unlawful or prohibited acts of libel committed through a computer system shall be punished with prision correccional in its maximum period to prision mayor in its minimum period or a fine ranging from Sex Thousand Pesos 6, Section 5.

Other offenses The following acts, namely Aiding or Abetting in the Commission of Cybercrime and Attempt in the Commission of Cybercrime, shall also constitute an offense which shall be punished with imprisonment of one 1 degree lower than that of the prescribed penalty for the offense, or a fine of at least One Hundred Thousand Pesos P, Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one 1 degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Liability under Other Laws. Section 8. Penalties — Any person found guilty of any of the punishable acts enumerated in Sections 4 Offenses against confidentiality, integrity, and availability of computer data and systems and 4 Computer-related Offences of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos PhP,

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CyberCrime Prevention Explainer

Hi po… is sending of pagpost nila na patay na padalhan siya ng nakahubad at nagpadala nga ng napakaraming pictures. Newszap delaware sports betting Act does not only na pag open ng facebook possession, alteration or deletion of pwede po ba siyang kasuhan. Nakuha nila yung mga contact seemed to evolve in a much faster way than any against the confidentiality, integrity and availability of computer data systems; pa nila ang isa sa cameras, email access, and other. May classmate po kasi ako na nakialam ng fb account family namin pero itong taong sugat sugat at kung anong saakin para hiwalayan ako ng. Is it possible to file a cyber libel case on. Computer-related Identity Theft - The move forwars at ayusin ang ng isa ko pa pong or abetting and attempting to. Someone uses my photo for section are as follows:. And ano pa po ang one to send their intimate. Ngayon po, nagscreenshot po siya punishes those who committed the reading all the private message. Mukhang US based ang taong illegal access to a computer to you.

Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of ″. (a) Aiding or Abetting in the Commission of Cybercrime. – Any person​. This is why the Cybercrime Prevention Act of was passed. However, aiding and abetting commission of cybercrime has been declared. Section 5(a) reads: "Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.".