Cyber crime law? What are this law talks about?

It is good for the Filipino Advantages and Disadvantages citizen or it is a resulting of disturbance for the internet user. How about the freedom can the people free to shows, tells and shares their different ideas and 1. Commission shall refer to the National Privacy Commission created opinion on the happenings surrounding us and the daily activities that we were by virtue of this Act. encountered. Who are people behind this law and what are the purposes of 2. Consent of the data subject refers to any freely given, specific, implementing this kind of law that shocking the majority of the internet user and informed indication of will, whereby the data subject agrees to the can be the cyber crime law affects the electronic commerce security especially to collection and processing of personal information about and/or the individuals and business. relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to Republic Act No. 10175 do so. 3. Data subject refers to an individual whose personal information is AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, processed. INVESTIGATION, SUPPRESSION, AND THE IMPOSITION OF PENALTIES 4. Direct marketing refers to communication by whatever means of any THEREFOR AND FOR OTHER PURPOSES advertising or marketing material which is directed to particular individuals. 5. Filing system refers to any act of information relating to natural or Republic Act (RA 10175) was approved by PNOY last September 12, 2012. It is juridical persons to the extent that, although the information is not an act defining cyber crime, providing for prevention, investigation, suppression processed by equipment operating automatically in response to and the imposition of penalties therefor and for other purposes. instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to The National Bureau of Investigation (NBI) and the Philippine National Police individuals, in such a way that specific information relating to a (PNP) shall be responsible for efficient and effective law enforcement of the particular person is readily accessible. provisions of this Act. The NBI and PNP shall organize a cyber crime unit or 6. Information and Communications System refers to a system for centre manned by special investigators to exclusively handle cases involving generating, sending, receiving, storing or otherwise processing violations of this Act. electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, http://www.interaksyon.com/infotech/republic-act-no-10175-%E2%80%93transmission or storage of electronic data, electronic message, or cybercrime-prevention-act-of-2012 electronic document. 7. Personal information refers to any information whether recorded in a One would question out the internet activities may include in the RA 10175 or material form or not, from which the identity of an individual is Philippines Republic Act on Anti-Cybercrime Law and some of these are; apparent or can be reasonably and directly ascertained by the entity Computer-related fraud, Cybersex, Illegal access to a computer system, Cyber holding the information, or when put together with other information squatting, Illegal interception of data, Computer-related identity theft, damaging would directly and certainly identify an individual. of data, System interference, altering computer data, the use of viruses and the 8. Personal information controller refers to a person or organization use, production, sale, or making available without right of malware, passwords , who controls the collection, holding, processing or use of personal and authority, and pornography. Is these all part and covered by the Anti Cyber information, including a person or organization who instructs another Crime Law? person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. Benefits and Advantages of RA 10175 1.Business on the internet are protected with this law. 2. Cyber Sex and Cyber Bullying is now a crime and punishable. 3. Tech knowledge for government will be lift up to combat cyber crimes such as hacking and theft. Prohibited Freedom is the only thing that the people wanted to have, If our intention is good that is enough but if we think that the opinions and the actions that we doing is bad we need to think the consequences for that and we as a people of this society we should have a knowledge and ideas on the things happened around us. In 1999, the Philippines Y2K Law was the first law crafted and deliberated online by the private sector.

Computer-related offenses such as computer-related forgery, fraud and identity Republic Act 8792, was signed into law last June 14, 2000. It is a landmark theft over the Internet are also covered by the new law. legislation in the history of the Philippines. Not only has this bill made the country a legitimate player in the global marketplace. The Philippine Internet Under the new law, unlawful or prohibited acts of libel as defined in Article 355 community has played a major role in pushing for its passage. The law took effect of the Revised Penal Code, as amended, are those committed through a last June 19, 2000. computer system or any other similar means which may be devised in the future. With the Philippines relaxed stock market listing rules plus a proposed vibrant The law directs the National Bureau of Investigation (NBI) and the PNP to create investment priorities program in place, Filipinos here and abroad, and its foreign a cybercrime unit or a center manned by special investigators. partners, have something to look forward for. NBI 7 Assistant Regional Director Lauro Reyes said their headquarters in Here are the salient features of Republic Act 8792: Manila houses the Anti-fraud and Computer Crimes Division (AFCCD). But since the AFCCD does not have a regional unit, NBI 7 refers Internet-related 1. It gives legal recognition of electronic data messages, electronic documents, cases to its central office, he added. and electronic signatures. (section 6 to 13) The CPPO, though, has a forensic laboratory in Barangay Lahug, Cebu City. The 2. Allows the formation of contracts in electronic form. (section 16) laboratory can track down cyber crimes like online pornography. The police cracked down on home-based cyberpornography operations in Cebu 3. Makes banking transactions done through ATM switching networks absolute that victimizes children. Two cases of child cyberporn were reported in Cordova once consummated. (section 16) last year. 4. Parties are given the right to choose the type and level of security methods that This Republic Act no. 10175 contains of eight (8) chapters and thirty-one suit their needs. (section 24) sections (31) Next the R.A 10173 What is R.A 10173? [REPUBLIC ACT NO. 10173] 5. Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods. This includes documents such as, but not limited to, multi-modal, airport, road, rail, inland waterway, courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading, non-negotiable seaway bill, charter party bill of lading. (section 25 and 26) 6. Mandates the government to have the capability to do e-commerce within 2 years or before June 19, 2002. (section 27)

AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT 7. Mandates RPWeb to be implemented. RPWeb is a strategy that intends to AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL connect all government offices to the Internet and provide universal access to the PRIVACY COMMISSION, AND FOR OTHER PURPOSES general public. The Department of Transportation and Communications, National Telecommunications Commission, and National Computer Center will come up

with policies and rules that shall lead to substantial reduction of costs of These people are seeing that theyre getting the media mileage and attention that telecommunication and Internet facilities to ensure the implementation of they long for and see it like a merit/badge of their hacking accomplishment. RPWeb. (section 28) Being published, talked about, is Im very sure, a big deal for some of these guys. 8. Made cable, broadcast, and wireless physical infrastructure within the activity I hope to see the computer publications as a medium in making the Internet users of telecommunications. (section 28) vigilant and not scared/wary of these hackers. Perhaps feature articles on how the NBI, PNP, DOJ, ISPs, phone companies, National Security Council, handle these incidents. 9. Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country. It can also come up with policies and regulations, when needed, to facilitate the growth of e-commerce. (section 29) Hacking, cracking, piracy is a crime under RA8792. The iron hand of the law must be fully enforced or else this can propagate further and cause irreparable damage to the Philippine Internet industry as a whole. The increase number of 10. Provided guidelines as to when a service provider can be liable. (section 30) hacking incidents these past few weeks is already alarming. Worst, these people seems to be enjoying it and not even bothered with the consequences. 11. Authorities and parties with the legal right can only gain access to electronic documents, electronic data messages, and electronic signatures. For confidentiality purposes, it shall not share or convey to any other person. (section 31 and 32) 12. Hacking or cracking, refers to unauthorized access including the introduction of computer viruses, is punishable by a fine from 100 thousand to maximum commensurating to the damage. With imprisonment from 6 months to 3 years. (section 33) 13. Piracy through the use of telecommunication networks, such as the Internet, that infringes intellectual property rights is punishable. The penalties are the same as hacking. (section 33) 14. All existing laws such as the Consumer Act of the Philippines also applies to e-commerce transactions. (section 33) Anyone who uses the Internet, computer, cellular phone, and other IT-enabled devices has the duty to know RA8792. As the old saying goes, Ignorance of the law doesnt excuse anyone. There were several hacking/cracking incidents that took place in the past years. I am worried that these people behind the hacking attempts are completely ignoring RA8792 or The E-Commerce Law. In one of my public speaking engagements, I was asked how come there are still so many hacking attempts even now that we have a law. Is it unenforceable? I fear that as e-commerce takes off in the government and private sector, the moment we run to law enforcers in times of trouble, they will not be able to help us as fast and efficient as we want them to be. The law enforcement agencies such as the National Bureau of Investigation and Philippine National Police are continuously beefing up their skills. It is sad to note however that they have not received any form of funding for their training and cybercrime equipment. Whatever they have right now are donated by foreign governments in the form of training and equipment. Despite limited resources, the conviction of the first Filipino hacker under Republic Act 8792 puts high marks on our enforcement of the E-Commerce Law. The business community and Internet users must contribute and work with government to take action on this. Whether or not we have a Cybercrime Law, giving appropriate funding for cybercrime enforcement is important. It will allow the creation of cybercrime helpdesks all over the country. We also need special courts to process cybercrime cases that can issue court orders as necessary to help in the investigation. In addition, it requires vigilance from the Internet community as well. If you know of someone that has made these hacking actions, report them through PNPCIDG or NBI. It is the duty of every Filipino to report these crimes. Those who became victims as well should report it and not just ignore it, change the site, and move on. If this is the attitude site owners will show, unlawful actions such as this, regardless of best or worst intention, will never cease. The web hosting, Internet Service Provider, phone companies should extend their best cooperation as well to facilitate efficient investigation in this regard. More importantly, what the hackers should realize that just because they were not caught now, does not mean they are already off the hook. What they are only doing is accumulate offenses. One day, the hand of the law will reach them. Once that happens, all of these offenses can be combined into a one big case that can put them to jail longer than they think. Even if the owners of the sites that they were able to hack decide not to pursue a case against them, it does not mean they no longer have a liability. The hacking/cracking/piracy provision of the ECommerce Law makes such acts as criminal offenses in nature, therefore what can only be waived, should the companies decide not to sue them, is the civil liability (monetary damages) and the criminal liability will still be pursued by the state. I hope that publications can play a role in sparking vigilance among Internet users of this country and the world against acts of hacking/cracking/piracy. The act of hacking should never be glamorized and even make these people who commits these acts as heroes. It may send a wrong signal that our younger Internet generation might misunderstood.