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3rd-Reading-Version-Cybercrime Prevention Act of 2012 (Senate Bill No. 2796)

3rd-Reading-Version-Cybercrime Prevention Act of 2012 (Senate Bill No. 2796)

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Published by BlogWatch.ph
Senate approves upon third reading the Cybercrime Prevention Act of 2012 (Senate Bill No. 2796).
Senate approves upon third reading the Cybercrime Prevention Act of 2012 (Senate Bill No. 2796).

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Published by: BlogWatch.ph on Jan 30, 2012
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01/26/2014

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1
CONGRESS OF THE PHILIPPINESFIFTEENTH CONGRESS
Second Regular Session
S E N A T ES. No. 2796
P
REPARED
 
AND SUBMITTED
 
JOINTLY BY THE
C
OMMITTEES ON
S
CIENCE
 
AND
T
ECHNOLOGY
; C
ONSTITUTIONAL
A
MENDMENTS
,R
EVISION
 
OF
C
ODES
 
AND
L
AWS
; E
DUCATION
, A
RTS
 
AND
 C
ULTURE
; J
USTICE
 
AND
H
UMAN
R
IGHTS;
T
RADE AND
 C
OMMERCE;
P
UBLIC
I
NFORMATION
 
AND
M
ASS
M
EDIA AND
F
INANCE WITH
S
ENATORS
T
RILLANES,
A
NGARA,
E
NRILE,
E
STRADA,
L
APID,
V
ILLAR,
D
EFENSOR
S
ANTIAGO,
M
ARCOS,
R
EVILLA JR. AND
L
EGARDA AS AUTHORS
AN ACT DEFINING CYBERCRIME, PROVIDING FORPREVENTION, INVESTIGATION AND IMPOSITION OFPENALTIES THEREFOR AND FOR OTHER PURPOSES
 Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:
CHAPTER I
 – 
PRELIMINARY PROVISIONS
1
S
ECTION
1.
Title
.
 – 
This Act shall be known as the
2
“C
ybercrime Prevention Act of 2012
”.
 
3
}
 
2
S
EC
. 2.
 Declaration of Policy
.
 – 
The State recognizes the vital
1
role of information and communications industries such as content
2
production, telecommunications, broadcasting, electronic commerce,
3
and data processing, in the nation‟s overall social and economic
4
development. The State also recognizes the importance of providing an
5
environment conducive to the development, acceleration, and rational
6
application and exploitation of information and communications
7
technology to attain free, easy, and intelligible access to exchange
8
and/or delivery of information; and the need to protect and safeguard
9
the integrity of computer, computer and communications systems,
10
networks, and databases, and the confidentiality, integrity, and
11
availability of information and data stored therein, from all forms of 
12
misuse, abuse, and illegal access by making punishable under the law
13
such conduct or conducts. In this light, the State shall adopt sufficient
14
powers to effectively prevent and combat such offenses by facilitating
15
their detection, investigation, and prosecution at both the domestic and
16
international levels, and by providing arrangements for fast and reliable
17
international cooperation.
18
S
EC
. 3.
 Definition of Terms
.
 
 – 
For purposes of this Act, the
19
following terms are hereby defined as follows:
20
 
3
a)
 
Access
 – 
refers to the instruction, communication
1
with, storing data in, retrieving data from, or otherwise making use of 
2
any resources of a computer system or communication network;
3
b)
 
Alteration
 – 
refers to the modification or change, in
4
form or substance, of an existing computer data or program;
5
c)
 
Communication
 – 
refers to the transmission of 
6
information including voice and non-voice data;
7
d)
 
Computer
 – 
an electronic, magnetic, optical,
8
electrochemical, or other data processing or communications device, or
9
grouping of such devices, capable of performing logical, arithmetic,
10
routing, or storage functions and which includes any storage facility or
11
equipment or communications facility or equipment directly related to
12
or operating in conjunction with such device. It covers any type of 
13
computer device including devices with data processing capabilities
14
like mobile phones and also computer networks;
15
e)
 
Computer system
 – 
means any device or a group of 
16
interconnected or related devices, one or more of which, pursuant to a
17
program, performs automatic processing of data. It covers any type of 
18
computer device including devices with data processing capabilities
19
like mobile phones and also computer networks. The device consisting
20

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