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Cybercrime IRR Draft as of May 15, 2014

Cybercrime IRR Draft as of May 15, 2014

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Published by Rappler Philippines
The Cybercrime law will be implemented after the publication of its implementing rules and regulations (IRR). The final session of public consultations on the IRR occurred on Friday, May 16.
The Cybercrime law will be implemented after the publication of its implementing rules and regulations (IRR). The final session of public consultations on the IRR occurred on Friday, May 16.

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Published by: Rappler Philippines on May 16, 2014
Copyright:Traditional Copyright: All rights reserved

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05/16/2014

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Rules and Regulations ImplementingRepublic Act No. 10175, Otherwise Known as the!bercrime "re#ention Act O$ %01%
Pursuant to the authority of the Department of Justice, Department of Interior and Local Government and Department of Science and Technology under Republic ct !o" #$#%&, other'ise (no'n as the )*ybercrime Prevention ct of +$#+, the follo'ing rules and regulations are hereby promulgated to implement the provisions of said ct-
R&'( 1"reliminar! "ro#isions)ection 1.
Title.
 *
These Rules shall be referred to as the Implementing Rules and Regulations of Republic ct !o" #$#%&, or the *ybercrime Prevention ct of +$#+"
)ection %.
 Declaration of Policy
.
 . The State recogni/es the vital role of information and communications industries such as content production, telecommunications,  broadcasting, electronic commerce, and data processing, in the nation0s overall social and economic development" The State also recogni/es the importance of providing an environment conducive to the development, acceleration, and rational application and e1ploitation of information and communications technology to attain free, easy, and intelligible access to e1change and2or delivery of information3 and the need to protect and safeguard the integrity of computer, computer and communications systems, net'or(s, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by ma(ing punishable under the la' such conduct or conducts" The State shall adopt sufficient po'ers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation"
)ection +.
 Definition of Terms
.
 . The follo'ing terms are defined as follo's-
 Access
 refers to the instruction, communication 'ith, storing data in, retrieving data from, or other'ise ma(ing use of any resources of a computer system or
 
communication net'or(3
 Act 
 refers to Republic ct !o" #$#%& or the *ybercrime Prevention ct of +$#+3
 Alteration
 refers to the modification or change, in form or substance, of an e1isting computer data or program3
Central Authority
 refers to the D4J . 4ffice of *ybercrime3
Child Pornography
 refers to the unla'ful or prohibited acts defined and  punishable by Republic ct !o" 5%%& or the nti6*hild Pornography ct of +$$5, committed through a computer system-
 Provided,
 that the penalty to be imposed shall be one 7#8 degree higher than that provided for in Republic ct !o" 5%%&3
Collection
 refers to gathering and receiving information3
Communication
 refers to the transmission of information through information and communication technology 7I*T8 media, including voice, video and other forms of data3
Competent Authority
 refers to either the *ybercrime Investigation and *oordinating *enter or the D4J . 4ffice of *ybercrime as the case may be3
Computer 
 refers to an electronic, magnetic, optical, electrochemical, or other data  processing or communications device, or grouping of such devices, capable of  performing logical, arithmetic, routing, or storage functions and 'hich includes any storage facility or e9uipment or communications facility or e9uipment directly related to or operating in con:unction 'ith such device" It covers any type of computer device including devices 'ith data processing capabilities li(e mobile phones, smart phones, computer net'or(s and other devices connected to the internet3
Computer data
 refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and2or electronic data messages 'hether stored in local computer systems or online3
 
Computer program
 refers to a set of instructions e1ecuted by the computer3
Computer system
 refers to any device or group of interconnected or related devices, one or more of 'hich, pursuant to a program, performs automated  processing of data" It covers any type of device 'ith data processing capabilities including, but not limited to, computers and mobile phones" The device consisting of hard'are and soft'are may include input, output and storage components 'hich may stand alone or be connected in a net'or( or other similar devices" It also includes computer data storage devices or media3
Critical infrastructure
 refers to the computer systems, and2or net'or(s, 'hether  physical or virtual, and2or the computer programs, computer data and2or traffic data so vital to this country that the incapacity or destruction of or interference 'ith such system and assets 'ould have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters3
Cybersecurity
 refers to the collection of tools, policies, ris( management approaches, actions, training, best practices, assurance and technologies that can  be used to protect the cyber environment and organi/ation and user0s assets3
 National Cybersecurity Plan
 refers to a comprehensive plan of actions designed to improve the security and enhance cyber resilience of infrastructures and services" It is a top6do'n approach to cybersecurity that contains broad policy statements and establishes a set of national ob:ectives and priorities that should be achieved in a specific timeframe3
Cybersex 
 
refers to the 'illful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious e1hibition of se1ual organs or se1ual activity, 'ith the aid of a computer system, for favor or consideration3
Cyber 
 refers to a computer or a computer net'or(, the electronic medium in 'hich online communication ta(es place3
 Database
 refers to a representation of information, (no'ledge, facts, concepts, or instructions 'hich are being prepared, processed or stored or have been prepared,  processed or stored in a formali/ed manner and 'hich are intended for use in a computer system3
 Digital evidence
 refers to digital information that may be used as evidence in a

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