The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

THE PHILIPPINE QUARTERLY

IT Law Journal
what’s Inside
INCRIMINATING TEXT

THE OFFICIAL PUBLICATION OF THE ARELLANO UNIVERSITY SCHOOL OF LAW E-LAW CENTER AND IT LAW SOCIETY VOLUME 2, N UMBER 1

1I 2E 4T L AP D 8C C 9M 10 SC E-LL V O F 11 C 14 L M 18 P2P: P A T P
DITORIAL ITAL NLINE OMPUTER EGAL

NCRIMINATING TEXT

by Mary Ann Ll. Reyes

HE EGAL ROFESSION IN THE IGITAL GE OMPUTERIZATION OF COURTS ODERNIZATION OURTS OF

IBRARY : D ELIVERING EGAL I NFORMATION

ORENSICS

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THE

Moral lesson: Do not take text messages lightly as they can be used against you in court. his was the painful lesson former Court of Appeals employee Elvira CruzApao learned when the Supreme Court found her guilty of grave misconduct and dismissed her from public service for extorting P1 million in exchange for a favorable ruling from the appelate court. Apao was executive assistant II of the acting Division Clerk of Court of the CA’s 5th division. The complainant presented to the court text messages sent by Apao by which the latter asked for P1 million in exchange for a favorable decision of Zaldy Nuez’s case with the CA (Pagcor vs Nuez) which has been pending for two years now. According to the Supreme Court, the text messages were properly admitted by the ad hoc investigating committee created by the CA since the same are now covered by Section 1(k), Rule 2 of the Rules on Electronic Evidence which defines ephemeral electronic communication as that referring to telephone conversations, text messages . . . and other electronic forms of communication the evidence of which is not recorded or retained. Under Section 2, Rule 11 of the Rules on Electronic Evidence, “Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or who has personal knowledge thereof.

In this case, the SC noted that the complainant who was the recipient of said messages and therefore had personal knowledge thereof testified on their contents and import. According to the High Tribunal, Apao herself admitted that the cellphone number reflected in complainant’s cellphone from which the messages originated was hers. “Moreover, any doubt respondent may have had as to the admissibility of the text messages had been laid to rest when she and her counsel signed and attested to the veracity of the text messages between her and complainant. It is also well to remember that in administrative cases, technical rules of procedure and evidence are not strictly applied. We have no doubt as to the probative value of the text messages as evidence in determining the guilt or lack thereof of respondent in this case,” the Court held. Nuez initially filed a complaint for extortion against Apao with the Presidential AntiOrganized Crime Commission–Special Projects Group (PAOCC -SPG) in Malacañang. This led to the conduct of an entrapment operation by elements of the Presidential Anti-Organized Crime Task Force (PAOCTF) on Sept. 28, 2004 when the supposed hand-over of the money was going to take place. Apao was apprehended by the PAOCTF agents prompting then CA Presiding Justice Cancio Garcia (now Supreme Court Justice)
>> [ 3 ] Incriminating Text

INUTIAE ON E-MAILS

IRATE TO P IRATE OWARDS CTUAL P EER -T O EER

20 V IP: T T 23 G J 24 G T L 26 T J 27 M -,GI S
AMBLING

O O REGULATE OR NOT TO REGULATE HROUGH SMS

URISPRUDENCE IN CYBERLAW: LOBE ELECOM VS. NTC EXICON OF ERMINOLOGIES

C YBERLAW

URISPRUDENCE IN CYBERLAW: ETRO O L D W Y N -M A Y E R TUDIOS TUDI OS NC ., ET . AL . VS . GROKSTER LTR. AND SHERMAN NETWORKS LTD. DESCRIPTIVE STUDY ON YBERSEX , AUDIO-VISUAL SEX CANDALS , AND C HILD PRONOGRAPHY: PROSECUTION UNDER EXISTING P HILIPPINE LAWS, AND OTHER PROPOSALS AS A FRAMEWORK FOR FUTURE LEGISLATION

28 A C S

66 68 IT L L

LEGALWEB: WWW.SEC.GOV.PH: MAKING THE PUBLIC MORE SECURE
AW SOCIETY-SPONSORED AGER NIGHT HELD

ON IT LAW SOCIETY OFFICERS AND MEMBERS IT LAW JOURNAL WELCOMES NEW EDITOR-IN-CHIEF

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Editorial

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t is not uncommon that certain individuals relate Information Technology to be within the exclusive domain of computers. It is neither uncommon that certain individuals would shirk from the alleged complexities of computers and their systems while at the same time awed and excited by the new PDA features present in their mobile phones. The sign that there is reduced distinction between computers and mobile phones, in fact, manifested itself years ago by the notification in the system tray icons in mobile computers communicating with old infrared-equipped mobile phones, i.e. a message balloon indicating “Computer found” and followed with the mobile phone model. With computer technology being extensively adopted into mobile phones, and mobile phone technology being incorporated into computers, such as Voice over Internet Protocol (VOIP), it would appear that future distinctions between devices might be limited to a contrast of size, and network linkage. Further, the legal issues attendant to said devices are similarly and increasingly becoming common. This is clear in the banner story entitled “Incriminating Text” by Mary Ann Ll. Reyes, the Journal’s new Editor-inChief. She also wrote the articles “VOIP: To regulate or not to regulate,” “Gambling through SMS,” and “Globe Telecom vs. NTC,” in this issue. Her

profile is available at the Society’s article “IT Law Journal welcomes new Editor-in-Chief.” This issue also highlights the relevance of technology vis-a-vis the Philippine government’s thrusts, especially those of the judiciary. Justice Vitug’s speech entitled “The Legal Profession in the Digital Age” is reproduced herein. The efforts of the Supreme Court (SC)’s Management Information System Office (MISO), led by Atty. Ivan Uy, are described in Ma. Cristina A. Ramos’ article “SC E-Library: Delivering Vital Legal Information Online” as well as in the reproduction of the Court’s Annual Report articles “Computerization of Courts” and “Modernization of the Courts.” An overview of “Computer Forensics,” relating evidence and the processes employed by the National Bureau of Investigation (NBI), is provided by Jhonelle S. Estrada’s article. The website of the Philippine Securities and Exchange Commission (SEC) is featured in the LegalWeb section of the Journal, which is now regularly handled by Ms. Ramos. An overview on the legal consequences of e-mails is found in the article of Atty. Jaime N. Soriano, the e-Law Center’s director and the Society’s moderator, entitled “Legal Minutiae on E-Mails”; while the attitude towards Peer-to-Peer technology is

described in “P2P: Pirate to Pirate towards actual Peer-to-Peer,” and the Intellectual Property case against P2P software manufacturers was outlined by Ms. Estrada in “Metro-GoldynMayer Studios Inc. vs. Grokster Ltd. and Sherman Networks Ltd.” This issue’s featured article is entitled “A descriptive study on Cybersex, Audio-Visual Sex Scandals, and Child Pronography: Prosecution under existing Philippine Laws, and Other proposals as a framework for future legislation,” a paper submitted by Ailyn L. Cortez, Carlyn Marie Bernadette O. Guerrero, and Reynaldo M. Pijo in their Advance Legal Writing class. The topic was chosen and the article was written in light of the dismissal of the asianbabe.com case in Pampanga (a cybersex den case) due to alleged lack of laws to prosecute; the continuing proliferation of sex videos of certain celebrities, if not, unsuspecting females; and the increase in the number of adult websites featuring roughly 18 Filipino teens. With the release of this first issue of Volume 2 of the Journal, and for your continuing support; I, in behalf of the officers and members of the Society, and in the same jovial spirit manifested in the Lager Night sponsored by the Society last February, wish you “Buena salud.” - Michael Vernon M. Guerrero

Editorial Board
The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

C HAIRMAN Atty. Jaime N. Soriano, CPA, MNSA E DITOR - IN -C HIEF Mary Ann Ll. Reyes C ONTRIBUTORS Ailyn L. Cortez Jhonelle S. Estrada Peter Joseph L. Fauni Carlyn Marie Bernadette C. OcampoGuerrero Michael Vernon M. Guerrero Reynaldo M. Pijo Ma. Cristina A. Ramos Volume 2, Issue 1

The Philippine Quarterly IT Law Journal is the official publication of the eLaw Center and the IT Law Society of the Arellano University School of Law. It is published quarterly. Contributions to the Philippine Quarterly IT Law Journal express the views of their authors and not necessarily the views of the Arellano University School of Law. For subscriptions, contact: THE PHILIPPINE QUARTERLY It Law Journal e-Law Center 2/F Heilbronn Hall Arellano University School of Law Taft Avenue corner Menlo Street Pasay City 1300 Philippines Tels. +63 2 404-3089, 404-3090, 404-3091 http://www.arellanolaw.net itlawjournal@arellanolaw.net

IT Law Society Officers
Michael Vernon M. Guerrero PRESIDENT Jhonelle S. Estrada V I C E -P R E S I D E N T Carlyn Marie Bernadette C. Ocampo-Guerrero S E C R E TA R Y Ailyn L. Cortez TREASURER Ma. Cristina A. Ramos H EAD , R ESEARCH AND S EMINAR Peter Joseph L. Fauni H EAD , P UBLICATION Aileen T. Forteza H EAD , A DVOCACY

©

2005. All Rights Reserved.

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

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[ 1 ] Incriminating Text

to issue an order creating an ad hoc investigating committee that will investigate the case and recommend the proper administrative sanctions against her. The committee recommended her dismissal from service. Nuez’s case was an illegal dismissal case against Pagcor. Complainant filed an illegal dismissal case against Pagcor before the Civil Service Commission (CSC) which ordered his reinstatement but a writ of preliminary injunction and a temporary restraining order was issued by the CA in favor of Pagcor, thus complainant was not reinstated to his former job pending adjudication of the case. Since he wanted expeditious decision of his case, Nuez sought the assistance of Apao sometime in July 2004 and the latter told him that a favorable and speedy decision of his case was attainable but the person who was to draft the decision was in return asking for P1 million. When Nuez told Apao that he did not have that kind of money since he had been jobless for a long time, respondent replied, “Eh, ganoon talaga ang lakaran dito, eh. Kung wala kang pera, pasensiya ka.” Respondent even admonished complainant with the words “Wala tayo sa palengke iho.” when the latter bargained for a lower amount. Complainant then asked for time to determine whether or not to pay the money in exchange for the decision. Instead, in August of 2004, he sought the assistance of the television program Imbestigador which accompanied him to PAOCCF-SPG where he lodged a complaint against respondent for extortion. Apao, in his meeting with Nuez explained that the P1 million

guaranteed a favorable decision only in the CA but did not extend to the Supreme Court should the case be appealed later. When respondent was asked where the money will go, she claimed that it will go to a male researcher whose name she refused to divulge. The researcher was allegedly a lawyer in the CA 5th Division where complainant case was pending. She also claimed that she will not get any part of the money unless the researcher decides to give her some. The SC, in its decision, stressed that by soliciting the amount P1 million from complainant, respondent committed an act of impropriety which immeasurably affects the honor and dignity of the judiciary and the people’s confidence in it. Meanwhile, in another case, the Supreme Court ruled that computer virus is not a valid excuse for delay in the filing of a pleading. The High Tribunal upheld on January 24, 2005 the Court of Appeals’ denial of Helen Dagdagan’s second motion for extension and dismissing her petition for review for having been filed out of time. The litigant asked for the additional extension because a computer virus had caused the deletion of the entire draft of the petition. “Deviations from the rules cannot be tolerated. The rationale for this strict attitude is not difficult to appreciate. These rules are designed to facilitate the orderly disposition of appealed cases. In an age where courts are bedeviled by clogged dockets, these rules need to be followed by litigants with greater fidelity. Their observance cannot be left to their whims and caprices. Moreover, rules of procedure are tools designed to promote efficiency and orderliness as well as to facilitate attainment of justice, such that strict adherence thereto is required,” the court said.

The SC noted that petitioner’s reason was “not compelling” for it to be granted. It said that petitioner’s counsel would not have encountered a problem if he had been systematic in his work as he could have saved the encoded petition in a diskette and printed it. Rule 43, sec. 4 of the 1997 Rules of Civil Procedure, as amended provides that an appeal be taken within 15 days from notice of the award, judgment, final order, or resolution. The rule allows only one motion for reconsideration but the CA may grant an additional period of 15 days within which to file a petition for review “for the most compelling reason.” In this case, the Cordillera Administrative Region of the Department of Environment and Natural Resources dismissed petitioner Dagdagan’s letter-protest against the townsite sales application of respondent Marani Bacolod, holding that the public land in dispute was alienable and thus available for disposition. Petitioner filed a motion for reconsideration, but it was denied. She then elevated her case to the Office of the President, but then Executive Secretary Ronaldo Zamora denied petitioner’s appeal and affirmed the decision of the DENR. Consequently, petitioner’s counsel filed a motion for extension of time to file a petition for review under Rule 43 of the 1997 Rules of Civil Procedure with the CA. The CA granted petitioner a non-extendible period of 15 days within which to file her petition for review. Petitioner’s counsel however filed an “urgent ex-parte motion for extension” of five days on the ground that his entire draft of the petition was deleted from the computer due to computer virus. The CA denied petitioner’s second motion for extension and dismissed her petition for being filed out of time.

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Speeches

THE LEGAL PROFESSION IN THE DIGITAL AGE
By Justice Jose C. Vitug Senior Professor Philippine Judicial Academy

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

The Legal Profession is 22 Centuries Old he law profession had its probable conception about 22 centuries ago when a group of influential persons who called themselves experts in the law were said to have first appeared in ancient Rome and then Greece well about 200 B.C. Not much later, that conception saw birth, then infancy towards adulthood - thenceforth – to what ultimately would become a great and noble calling. The perception of nobility in the profession though could have some unhappy distortions at times. One might take the case of a judge who, according to an e-mail passed on to us by the Public Information Office of the Supreme Court, called the contending lawyers to his chambers. Once all were seated, the judge confronted the two lawyers. “So”, he blurted out, “ I have been presented, by each of you, with a bribe.” The lawyers were stunned, and they squirmed uncomfortably in their seats. “You, Attorney Cruz,” the judge continued, “give me a check for P25, 000.00; and you, Attorney Santos, gave me P20,000.00.” Forthwith, the judge reached into his pocket and pulled out a check. Handing it over to Attorney Cruz, he remarked, “ Now, then, here is a check for P5, 000.00, and we are going to decide this case solely on its merits.” I would have wished that the story were only for a good laugh. Unfortunately, the two most publicized scandals in the world, the Watergate and Enron, involved lawyers.

The New Challenge The lawyer of today and tomorrow must now also meet the challenges of cutting edge science and technology and a borderless society. Relatively recent events would tell us that it is no longer possible for the lawyer to content himself with just the bare ways that he has heretofore know. The lawyer of today and tomorrow must now also meet the challenges of cutting edge science and technology and a borderless society. The law is expected to evolve well beyond traditional lines. Senior Associate Justice Reynato S. Puno aptly observes that technology interfaces with science, and law inevitable enters the equation. Mr. Justice Artemio V. Panganiban, in his speech at the Manila Overseas Press Club in March of 2000, has acknowledged the inevitable interplay between technology and the various aspects of the law. The new era, however it might be called, will impact in unprecedented levels and in yet undefined proportions. The onslaught by irresistible forces on the legal profession is now indeed here with us. The Transition has Begun Advances in science and technology and the idea of globalization usher a new era in the legal system The new age that has started towards the end of the last century promises a system of law that, by sheer magnitude, would be global and dominant in its character.

Palakrishnan, the President at one time of the Law Society of Singapore, advises: “Ignoring technology will be at our peril.” The Academe Programs for legal education must consider a curriculum that is based on a notion of comprehensive, rather than an autonomous, legal system that connects to linkage arrangements On the academic front, Professor Chin Tet Yung opines: Increasingly, the bottom line would require law graduates with the ability not only to practise ‘transitionally’ or across jurisdictions, but also to have a broad understanding of world issues that may be cultivated, if not taught, through an interest in, and a familiarity with, all social sciences along with modern technology. During the second quarter of last year, the Philippines was among the countries invited to attend the New Orleans conference on legal education, and an item which caught the attention of most of us in that meeting was a report on the virtual disappearance of dedicated legal mentors. Prof. John W. Reed, a senior professor of the University of Michigan has taken to task lawyers for their lack of persevering loyalty to the academe, likening them to a husband, when asked if he has been faithful to his wife, replied “ Frequently.” Prof. W. Michael Reisman of Yate Law School stresses that planning and designing programs for legal education that are, at once, professionally relevant and intellectually enriching

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must consider a curriculum that is based on a notion of a comprehensive, rather than an autonomous, legal system that connects to linkage arrangements The Bench and the Bar The response by the Bench and the Bar must be prompt, appropriate and revolutionary. The Supreme Court has responded well within its capability and fiscal constraints. It has established, pursuant to its Administrative Order No. 35-96, on 16 March 1996, the Philippine Judicial academy, to be at the core of continuing judicial education. It is fortunate that the educational arm of the court has been able to count on many friends to help it, financially and in many other ways, carry out a good number of its projects. The Academy has received on 26 February 1998, statutory recognition in Republic Act No. 8557. Two years later, on the recommendation of the court’s Committee on Legal Education in collaboration with the Integrated Bar of the Philippines, the Association of Law Schools (and law deans), the association of Law Professors, and the Commission on Higher Education, the Supreme Court has approved at a special session, called for the purpose on 21 August 2000, the Mandatory Continuing Legal Education for all lawyers. It is, since then, being vigorously implemented. The Supreme Court has had its e-mail facilities since 1991. It has put up its own website, one of the most visited websites in the country, since 1996. Chief Justice Hilario G. Davide, Jr. undoubtedly the most reformedminded Chief Justice perhaps anywhere else in the world, has launched several technology-driven projects for the judiciary, including a pilot E-court, an E-Library and ELearning, and has lately directed the Philippine Judicial Academy to put up the initial foundations for an “On-Line Academy”.

The adoption by the Supreme Court of the Rules on Electronic Evidence has re-written in good perspective its ruling in the 1999 case of IBM vs. NLRC (G.R. 117221, 13 April 1999) and its 2001 decision in Asuncion vs. NLRC (G.R. 129329, 31 July 2001). The response by the legal profession must be equally bold. Local law firms might seriously undertake, add to a few already there, to examine the feasibility of developing arrangements with off-shore law firms towards becoming global legal service providers. Different strategies might be looked into and developed in order to commensurate with and meet the increasing needs of a world that knows of no boundaries. In an article, entitled “ The Legal Profession in Twenty Years’ “ John Tredennick, made a compilation of feedbacks received via a forum organized in the Internet. The participants included such names as Wells Anderson, the President of Active Practice LLC and an ABA Tech show Board Member; Robert Denny, founder of the law firm specializing in management and strategic planning services; Ron Friedman, President of PRISM Consulting; and a number of others with similar credentials. Two areas of concern were highlighted: First, only law firms, with more than 1000 lawyers could have the scale to be competitive and have the capability to deliver systematized legal services that clients would demand; and second, computers would play a much larger, but complementary, role for legal service providers that would diminish personal contacts with clients. Law firms, like business enterprises, would see themselves as leading to a “one stop shop” model with offices in countries around the world capable of handling a wide variety of legal services concomitant with the demands of clients for a “seamless” universal service. The legal profession would have the globalized village as its venue and an unconfined society as its workplace.

Under the terms of the World Trade Organization (WTO), trade and services, including legal and other professional services, my not much longer be restricted by state borders. I am not saying, at least momentarily, that there would be no problems to deal with. There are. The exercise of profession is still confined to Philippine citizens and subject to locally-obtained academic qualifications. It is something that we may have to address. Even now, one might ask, should we treat foreign law firms giving their legal advice to transnational corporations operating in this country, using the Internet, as being an illegitimate law practice in the Philippines? In a paper presented at the 14th Annual Meeting and Conference of the Inter-Pacific Bar Association, in Seoul, Korea, in May 2004, Steven C. Nelson has observed that there two principal barriers in this respect- (1) the “qualification barrier” which relates to the obstacle on cross-border legal services due to the education and other requirements generally imposed as a condition to admission to the practice of law, even by persons who have already qualified in another country, and (2) the “association barrier, ‘ referring to the prohibition found in many countries against the entry thereat by lawyers into partnership or other forms of common enterprise with anyone other than another lawyer of those countries premised on an unduly strict application of the rule of professional conduct against legal fee sharing. Significantly, WTO members have obligated themselves towards the road for progressive liberalization of trade in services. The International Bar Association has identified two main approaches to start the process: (a) full licensing; and (b) limited licensing. In the “full licensing” approach, the foreign lawyers thus licensed are fully assimilated into the domestic legal profession. In “limited licensing,” the scope of a foreign lawyer’s practice is restricted to certain areas or under

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certain specified conditions or constraints. Keith Clark, the chairman of London’s Clifford Chance which merged with New York’s Rogers and Well and Germany’s Pinder, Volhard, Weber and Axsters “to create the world’s largest law firm, ‘ explaining the inevitable, has ratiocinated: The world is becoming smaller and yet bigger at the same time. Factors making the world smaller include, reduced barriers to entry, as well as convergence of economies and technological advances, which enable business to view the world increasingly as a single market. Indeed, time zones and geographical differences are no longer the obstacles they have once been. The Internet is accelerating this trend and rewriting the rules in a manner that reflects the current move from an industrial to a knowledgebased society. The changes, as and when or even before they occur, make new demands on lawyers who will be expected to help navigate legal shoals. A decade ago or so, I have expressed to say that I am seeing an emerging new legal system that would have both common law and civil law features working hand-in-hand towards a universal system. I have failed to realize that the idea would begin to become a reality even now. It should be realistic to expect that the enactment of specific laws by various jurisdictions will not always be timely or in cadence with the fast-moving environment. In the Philippines, the only significant e-law that has been legislated is the Electronic Commerce Act of 2000, which means that the country is seen to fall behind the times. Placing a reliance on judicial precedents could thus increasingly become frequent. The dearth of enacted law will not excuse a judge from resolving a case before it; effectively, he, rather than Congress, may bound to first confront and tackle an issue in the same way

that common law would normally work. Allow me to momentarily break the monotony by zeroing down to a few familiar topics in the academe’s drawing board. The Family code allows a marriage contact to be entered into by a man and a woman, and not by persons of the same sex. Would a marriage be legally feasible if the “marriage” takes place between a man and a woman, who used to be a man, whose sexual transformation according to medical science, confirmed by medical experts, has been so successful as to even allow him, now her, to be impregnated by a man. The law requires in the celebration of marriage, the man and the woman to personally declare before the solemnizing officer that they take each other as husband and wife. The statutory provision particularly the term “ personally” has been so construed as to disallow “proxy” marriages. The thesis for the construction is not at all hard to find. In the graduate school discussion we have had just a few weeks ago, here in San Beda, Dean Doming Navarro has said that the reason is clearly due to an obvious danger that the proxy might, wittingly or unwittingly, exceed his authority. If a marriage has already been set, all invitations have gone out all the hundreds or so wedding sponsors have been notified but the man would have to suddenly leave for Hongkong on medical advice to immediately undergo an emergency knee operation, it could be unthinkable for the prospective couple to re-schedule the marriage, and to wait even just a week more. Would the contract be valid if it were celebrated via and with the help of the latest technology? A video is set-up in Park Hotel in Hongkong to link up in Manila that would permit the “groom” to personally say, “ I do, “ and the “ bride”

in Manila to say likewise in the full view of each other, including the witnesses, and of the solemnizing officer. The age of cloning is also here. How should the rules on filiation, parental authority, support and successional rights be re-structured; if not how would the courts themselves initially take on the matter? The statutory rule of interpretation and construction that makes legislative intent to be a primary factor can here be obsolete not only in theory, but likewise in actuality, for when Emperor Napoleon ordered the codification of both civil law and commercial law neither he nor his legal experts could have been aware that one day cloning could become a reality. The Electronic Commerce Act of 2000 may have done much to recognize the universal use of electronic transactions, both commercial and noncommercial, but it also has spawned and will spawn new issues. It should be expected that questions, whether prescinding form, or the result of obscure, contractual stipulations or statutes, will be asked and will have to be resolved, such as those referring to fundamental personal and property rights, the jurisdiction and venue of courts, rules of procedure, situs of transactions, applicability of tax and regulatory laws, situs of crimes, enforcement of judgments, and the like, each of which would require serious and special attention. Electronic contracts, transcends territorial boundaries that can affect, observes Attorney Esmeraldo C. Amistad in his article, “Charting the ECourse of Philippine E-Laws” (published in the Lawyer’s Review issue of November 2002), even the basic concept of consent and the theory of cognition in the perfection of a contract. He exemplifies: For instance, there are issues relating to the socalled shrinkwrap and clickwrap licenses common to software and certain websites. “Shrinkwrap”

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

agreements “are unsigned license agreements which state that acceptance on the part of the user of the terms of the agreement is indicated by opening the shrinkwrap packaging or other packaging or other packaging of the software, by use of the software, or by some other specified mechanism. “Clickwrap agreements, on the other hand, work arise a user comes to a website to locate and download computer software and the user can be required to review the terms of any applicable license agreement and to affirmatively assent to those terms by clicking on a keyboard button at the end of the license before the software is downloaded. The use of DNA in court proceedings has been gaining ground after getting an early jurisprudential foothold in the Philippines and in most countries of the world. Among the latest cases in the Philippines to recognize the use of DNA in proving or disproving the commission of a crime is the 2004 case of People vs. Yatar (G. R. No. 150224, 19 May 2004). Thus far, the application of DNA has caused a reversal of a number of final convictions in the United State; and elsewhere where postsentencing DNA testing is allowed. The decision of the Court in a petition for a writ of habeas corpus by convicted prisoner Reynaldo de Villa (G.R. 158802), decided last 17 November 2004, holding in sum that DNA results would not constitute newly discovered evidence, may require, if it is minded, a statute or a provision of the rules to adopt a postsentencing DNA testing. The accuracy of the DNA method depends much on the reliability of DNA samples that could mean a resurgence of an old issue of whether a person can be compelled to provide a DNA sample or to be taken from him. Judging from might be invoked as broad guideposts, an accused has been required to submit to a test to extract virus from his body (U.S. vs. Teng, 23 Phil. 145), to undergo a

pregnancy test (Villaflor vs. Summers, 41 Phil. 62), to expectorate morphine from his mouth (U.S. vs. Ong Sin Hong, 36 p.735), to accede to foot printing test (U.S. vs. Salas, 25P 337; U.S. vs. . Zara 42 P 305) and to take part in a . police lineup (U.S. vs. Wade, 388 U.S. 218). These cases have been cited with apparent approval by the Supreme Court in People vs. Casinitto (213 SCRA 777). Can it thus be said that the tone has already been set; i.e., that the ends of justice might justify the means or that, in the hierarchy of value, the cause of justice can prevail over individual rights? Or, should we invoke again the so-called “balancing of interest” rule or, using another term for it, the “pro hac vice” approach. The intensity yet increases, with the entry into the legal arena of biometrics, brain fingerprinting and other more recent scientific discoveries. Beyond the Digital age All that we have is hope and our humanity It may yet be early to tell how the law, as well as the bar and the bench, would lend themselves to the inevitable; if, today, we are still unsure, then there is even greater uncertainty to aptly grasp tomorrow’s complexity. The things we can discuss are obvious enough to see or to anticipate. The other ninety-nine percent are yet to be discovered, i.e., if we can. Marvin Minsky, said to be the father of artificial intelligence, has once bluntly remarked, “we should be lucky enough if the new machines would be willing to keep us, human beings, as household pets.” I conclude by expressing the hope that the legal profession will not allow itself to become obsolete and a mere relic of a bygone age; that it will have the capability of recognizing, as well as have the resolute will to survive, the crossroad when it comes, all despite his insatiable quest for the ultimate.

Contributions are Welcome

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he Philippine IT Law Journal welcomes the submission of contributions with a view to publication, which should be sent to: The Board of Editors The Philippine Quarterly IT Law Journal Arellano University School of Law Taft Avenue, corner Menlo Street Pasay City 1300 Philippines Tels. (2) 404-3089 to 91 Fax. (2) 521-4691 eMail: itlawjournal@arellanolaw.net

as should all correspondence, books for review, orders and other communications. The Board of Editors will only consider material which complies with the following: The submission is an original, unpublished work which is not being submitted for publication elsewhere. The manuscript must be typed, double-spaced, on one side only of a uniform sized paper, and be accompanied by the text on floppy disk in a recognized software. Footnotes must be numbered consecutively throughout the article. Authors may use graphs, tables, figures, or mathematics only when its application is necessary for achieving the stated objective of the paper. When mathematics is used, the necessity for doing so should be explained, and the major steps in the argument and the conclusions made intelligible to a nonmathematical reader.

Authors are asked to refer to a recent issue of the Philippine IT Law Journal for style. More detailed guidance will be sent on request. Authors are encouraged to carefully edit their own works.

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Technology and the Courts

COMPUTERIZATION OF COURTS

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

n 1989, the Supreme Court embarked on an ambitious yet necessary project, the computerization of all Philippine Courts -- from the Supreme Court down to the Municipal Trial Courts and Shari’a Circuit Courts. This is one sure way to combat delays in the judicial system. It is one of the costliest judicial reforms, but the Court believes that catching up with innovations brought about by computer technology will pave the way to speedier dispensation of justice. Overseeing the computerization of the courts is the Committee on Computerization composed of three Associate justices, with Hon. Justice Artemio V. Panganiban as Chairman, Hon. Justice Consuelo Ynares-Santiago and Hon. Justice Antonio T. Carpio as Members. The Committee on Computerization is tasked with providing direction on computerization as well as studying policy issues that may arise from the implementation of new technology on established court practices and procedure. It also recommends guidelines to the Court on the proper adoption of these technologies. The Court has already adopted and implemented several computerized information systems through its computer technology arm, the Management Information Systems Office (MISO) headed by Atty. Ivan John E. Uy. I. In-house Developed Computerized Systems The MISO continued the migration of the major DOS-based applications to GUI-based application such as Case

Administration System (CAS), Case Monitoring System (CMS), Electronic System on Personnel Record Tracking (ESPRT), the Payroll System, Personnel Leave and Attendance Monitoring System (PSALM) and Supplies and Property Accountability Monitoring System (SPAMS). These systems are being reprogrammed to include some functionalities requested by the users. Additionally, the Systems will be more user-friendly and aesthetically improved, as these systems will incorporate functionalities inherent to Windows-based applications such as icons, font types, styles, formatting and sizes, buttons, pictures, etc. II. Court Administration and Management Information System (CAMIS) The MISO, in coordination with the Project Management Office, extended technical assistance in the development of the CAMIS funded by the Canadian International Development Agency (CIDA). CAMIS aims to improve the monitoring of the performance of lower court judges. Statistical reports on caseload and case disposal can be generated by the system to facilitate the evaluation of the performance of judges. The system will be implemented in OCA Court Management Office. System testing is tentatively scheduled in June 2004. III. Case Flow Management (CFM) Funded by the USAID, the CFM project aims to facilitate the monitoring of the status of lower court cases, from filing until disposal. The system was pilottested in Pasay City in December 2003. The MISO, in coordination with

the Program Management Office, extended technical assistance in the design, development and maintenance of the CFM. IV. Information Systems Strategic Plan (ISSP) A Task Force on ISSP was created to oversee the formulation of a five-year plan that will identify the ICT requirements of the Judiciary. The MIS Office, together with the Program Management Office and other key offices of the Judiciary assisted the Task Force in the formulation of the ISSP . The ISSP defines the specifications and design of the ICT systems, infrastructure and resources to be installed or implemented in the Judiciary in the next five years. It prescribes the different technologies that maybe adopted to improve the capacity of the Judiciary in managing its physical, financial and human resources and in addressing the present problems of its frontline services. The ISSP was reviewed and approved by the National Computer Center on 29 September 2003. V. Computer Assisted Legal Research (CALR) The Computer Assisted Legal Research (CALR) is being developed and maintained by the MISO to provide the Court with a tool that will aid in the research of legal cases. Currently, the MISO has updated the 1nfoBase on Supreme Court jurisprudence from May 1996 up to present. `[he Supreme Court offices and the Office of the Court Administrator, ,which are connected to the local area network

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

can now access the full text of decisions and resolutions promulgated during this period. VI. The Supreme Court Internet Homepage The MISO designed a homepage Supreme Court for posting in the Internet. The Supreme Court homepage functions as a clearinghouse for information originating from the judicial branch of the Philippine government. The Supreme Court homepage contains the following information: • • • • History of the Supreme Court of the Philippines The list of incumbent Supreme Court Justices The list of former Supreme Court Justices The organizational structures of the Judiciary and of the Supreme Court The Supreme Court Jurisprudence Authorities promulgated by the Court, i.e., Rules of Court and Circulars and Orders Bar Matters and the Lawlist News and Information

promulgated decisions and resolutions as well as administrative circulars and orders issued by the Chief Justice and the Court Administrator are posted in the Supreme Court homepage for the expeditious dissemination of information. Press releases by the Court through the Public Information Office are likewise posted in the homepage for the information of the public. Also added in the Supreme Court website is a link to the PHILJA website which contains information on training programs and lectures conducted by PHILJA. The results of the 2002 Bar Examinations were posted in the homepage immediately after the listing was released by the Office of the Bar Confidant. The Supreme Court Internet homepage address is www.supremecourt.gov.ph. It can be accessed using any Internet facility. VII. Computer Services and Maintenance The MISO conducted maintenance services and repairs of computers in the Supreme Court and the Lower Courts. The MISO also conducted remediation procedures to computers
Academy, and the Vice-Chairman of the Sub-Committee on E-Commerce, Committee on the Revision of the Rules of Court. He pioneered the introduction of technology in the entire judicial system, specifically, those of Computerized financial and administrative systems, Case tracking systems, Computer aided transcripts, and Distance learning, among others. He took his undergraduate studies at the Ateneo de Manila University, graduating in 1984 with a degree in B.S. Business Management, Major in Legal Management (Honors Program); and took his law studies at the University of the Philippines,

installed in the Supreme Court which had been infected by computer viruses and worms. Besides the hardware and software services, training and tutorials on application software were also conducted for the different offices of the Supreme Court. Lower court personnel were also trained on the use of computer applications. Training was conducted by the MISO personnel at the Supreme Court for those courts within the Metro Manila area while for courts outside Metro Manila, training sessions were conducted on site. Technical assistance on computer orientation and use of the legal research facility were also extended to lower court judges. VIII. Computer Resources In November 2003, the Court purchased 500 computer sets and a number of laser printers and dot matrix printers for the Supreme Court and selected lower court offices. The computers purchased have installed application packages such as MS Office XP and Norton Anti-Virus. Training sessions on computer operations, Microsoft Windows and Microsoft Word for Windows were likewise provided to lower courts personnel upon delivery of the computers to them.

• •

• •

The MISO maintains and regularly updates the Supreme Court homepage posted in the Internet. Newly

The Dynamo Within

graduating in 1988. He holds the distinction of being the youngest person to be appointed Chief of Office and in 1995 conferred the rank of Regional Trial Court Judge in the history of the Philippine Judiciary. Notwithstanding the lucrative opportunities in the private sector that are available that would usually entice professionals of such sterling background , Atty. Uy remains with the Judiciary, fueled by altruistic motivations to contribute further, through his know-how in technology matters, to the development of the Philippine legal system and to the enhancement of judicial processes.

Atty. Ivan John E. Uy is the Director ofthe Management Information Systems Office (MISO), and the Chief Information Officer, of the Supreme Court of the Philippines. He is also the Chairman of the Court Technology Department of the Philippine Judicial

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Technology and the Courts

MODERNIZATION OF THE COURTS

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

he mental picture evoked in most persons by the term "Supreme Court" or "Highest Tribunal of the Land" is of fifty-year old, serious, solemn, unsmiling, grim-visaged individuals, clad in dark, conservative togas, moving quietly down long corridors or conferring with each other in hushed tones and weighing every word and expression, or otherwise working in large, dimly lit offices, while seated behind big, antique desks surrounded by musty, thick books and bulky records. This may be true to a certain extent, but as with all other human beings these justices have lighter sides and trifling moments. They are conservative, indeed, but they are not resistant to change. In fact, the Supreme Court, as well as its various offices, has been among the first to use modern technology, and continue to do so. As early as 1989, the Supreme Court geared itself towards the application of computer technology to its various functions. It initially created an ad hoc Committee to determine policy directions and a Management Information Systems Office to provide technical expertise on the formulation of systems design studies, software development, as well as technical support on hardware, software and peopleware. In 1991, the first Case Administration System (CAS) was installed and put in operation. An updated version was set-up in 1995. It computerized the docketing functions of the Court to provide the justices with information on the status of any particular case pending in the Supreme Court. The network connects the offices of the justices, Clerks of Court, Court Administrator, Judicial Records Office

and Cashier. The CAS has relegated as a thing of the past the tedious and unreliable function of docketing by hand in voluminous docket books every major action in pending cases. Another case administration system has been developed for the lower courts to monitor the status and development of the cases handled by the trial judges. Even earlier, the Court had installed IBM S/38 main frame computer to prepare the salary checks of employees in the judiciary, numbering some twenty-two thousand at the moment, including the Justices and the Judges. Thereafter, a new Judicial Payroll System was developed to replace the existing system. The new cost efficient system and time saving system will make access and encoding easier with the installation of a network connecting the Finance and Accounting Offices. The Supreme Court has entered into an agreement with the Land Bank of the Philippines for the payment of salaries through ATM. In time, this will be used in all lower courts. The Court is also modernizing other equipments. Its Medical Clinic has acquired a "1-2-3 channel E.C.G." machine. The Physiotherapy Section of the Medical Clinic has one (1) Armrex synchrosonic US/50 combination ultrasound/ LV stimulator, an "infraphil machine (Philips NPN), a "Birtcher Megason XVI ultrasonic therapy" machine; a "Dickson home/ office paraffin bath" set, and a "Midland whirlpool bath" machine, all for the use of Justices, Judges and court personnel. Additional Printing Machines were acquired to meet the ever increasing printing requirements of justices, Judges and court officials and personnel.

The Court Administration Information System (CAIS) was also developed to monitor the status of complaints filed against Judges and court personnel; the case load and dispositions of trial court Judges; the movement of Judges and court personnel and the administrative clearing of retiring/ resigning Judges and court personnel. The Court has to a large extent replaced its manual and even electric typewriters with personal computers or word processors. It has acquired and continues to acquire fax machines and cellular telephones not only for the justices and officers and employees of the Supreme Court, but also for many Regional Trial Courts. To make research easier, it has also acquired a full text retrieval system of decisions of Supreme Court from 1901 to 1995 in compact discs known as Philjuris and in CD-ROMS known as the Jurisprudence and Lex Libris. For the welfare of its employees, it has acquired nine (9) large airconditioned buses for their use in coming to and from the office. It has also acquired vehicles for its officials (e.g., Clerk of Court, Assistant Clerk of Court and Division Clerks of Court and their Assistants, and Chiefs of Offices), as well as for Members of the Court, the Judicial and Bar Council and the PHILJA. At the same time, it is disposing of obsolete and very old equipment such as desks, chairs, filing cabinets, and typewriters. It is also disposing of very old cars and other vehicles which are 10 to 20 years old. Said cars are hardly serviceable, well nigh obsolete and useless, and very expensive to maintain and repair. Disposition of
>> [65]Modernixation of the Courts

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Technology and the Courts
The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

IBRARY ITAL NFORM TION RMA SC E-LIBRARY: DELIVERING VITAL LEGAL INFORMATION ONLINE
by Ma. Cristina A. Ramos

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onsistent with its role of upholding the rule of law through fair, expeditious and timely judicial process and effective, efficient and speedy administration of justice, the Supreme Court of the Philippines in October 2004 launched the e-library to cater to information needs of the Judiciary, justices, officials and staff of the SC, and judges of the lower courts. The proponents of the e-library envision the project to be the model law library of the Philippines by maintaining the ‘highest standard and services’ and creating an ‘information highway that will provide the communication linkages to enhance the delivery of vital legal information’ not only within the Judiciary but to the general public as well. Accessible to the public, anytime, anywhere The major advantage of the e-library is its being accessible to the general public anytime of the day. Unlike the non-electronic library, any person can use and enjoy the library privileges in front of their computers by simply connecting to the Internet. The nonelectronic library privileges extends only to the following: 1. Members of the bench and the bar; 2. Government officials and employees; 3. Representatives of the diplomatic and consular services; and, 4. Other persons engaged in highly legal or scientific research. These users, however, are allowed to use the library resources only within the premises of the library. Borrowing privileges in the non-electronic library

is limited to SC officials and employees and the Presidential Electoral Tribunal. In addition to that, the non-electronic library is open only 8 am to 12 noon and 1 to 4:30 p.m. Mondays to Fridays. With the coming into being of the SC e-library, anybody can now access the library anytime he wants to. Not all the contents of the e-library, however, are available to the public for free. The ‘free site’ includes SC decisions and resolutions. This site, however, is not provided with a ‘search tool.’ The other parts of the e-library, particularly those which are equipped with text retrieval system, are available only to subscribers. This is the ‘members only’ site. Contents of the e-library The e-ibrary resources include jurisprudence, laws, court issuances, executive issuances, references, and memorabilia. These contents or resources are searchable and search instructions are available in a mouseclick. ‘Jurisprudence’ includes SC decisions and resolutions. Under it is a link to information about the poject COMUSDEC. The latter is an ongoing project of the SC library to retrieve missing SC decisions from 1901 to 1945. Majority of the original decisions during the said period were destroyed during World War II. These are the unpublished decisions of the SC. Project COMUSDEC aims to call on the people concerned and the public to help the Judiciary locate the missing decisions to complete the compilation of the SC decisions. Under ‘Law ’” are the different Constitutions of the land and various

legislative enactments. Aside from the 1935, 1873 and the 1987 Constitutions, the e-library also provides access to the Malolos Constitution, the 1986 Freedom Constitution and a comparison of the 1935, 1973 and the 1987 Constitution. Legislative enactments, on the other hand, include 4,275 public acts (cited as Act No.) enacted by the Philippine Assembly from 1901 to 1935, 733 Commonwealth Acts passed from 1935 to 1946, 2035 Presidential Decrees that were enacted from 1972 to 1986 and more than 9000 Republic Acts which include congressional enactments from the declaration of independence in 1946 until the declaration of Martial law in 1972 and also recent enactments of Congress since the latter was organized under the 1987 Constitution. The Rules of Court, circulars and administrative matters can be found under ‘Court Issuances.’ The Rules of Court therein provided includes the 1918 Rules of Court, the Rules of Court of First Instance of 1919, 1940 Rules of Court, 1964 Rules of Court, Rules of Civil Procedure of 1901 (Act No. 190), 1997 Rules of Civil Procedure, Rules of Criminal Procedure (1900, 1985, 1988 and 2000), Rules of Evidence (1989) and Special Proceedings. Some of the administrative matters contained in this section are the following: 2004 Rules on Notarial Practice, Code of Conduct for Court Personnel, Proposed Guidelines on Corporate Surety Bonds and Conditions on the Commercial Exploitation of Supreme Court Decisions.
>> [ 65] SC E-Library

11

eLaw Enforcement

COMPUTER FORENSICS 1
by Jhonelle S. Estrada

The National Bureau of Investigation and Computer Forensics

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

he National Bureau of Investigation (NBI) is the government agency that handles computer crime cases. In 1996, the name of its anti-fraud and action division was changed to anti-fraud and computer crimes division. At first, the division’s mandate was to investigate fraud cases, but due to the change of name, the division now handles computer crime cases for investigation. In 2003, the State Department of the United States gave several trainings for examination of computer-related evidence. Bureau personnel were taught to use certain software such as EnCase 2 and Forensics Toolkit (FTK).3 FTK is the software being used by the NBI, but what is acknowledged as the software being used by law enforcement agencies, in general, is the EnCase. After several trainings sponsored by US State Department, and in order for the knowledge learned to be put into use, it was necessary for the Bureau to have its own equipment that can be used for examination; otherwise the things learned through seminars and trainings would have been forgotten, rendering them useless. In order for the Bureau to have its own equipment, it solicited for the acquisition of several equipment in November 2003 through donation. Six forensic workstations were delivered to the Bureau by the US State Department in January 2004, which are now being used for examining computer-related evidence. The software donated with the equipment was the FTK but there are plans to include EnCase soon.

Before the donation of said state-ofthe-art equipment, the NBI did not usually examine computer-related evidence. However, ff there is really a need to do so, it was examined by their EDP and, if not, the bureau requests its counterpart from the private industry to conduct the examination. Personnel from the Bureau even had to fly to Hongkong to have evidence examined by the experts there. Computer forensics, defined Computer forensics is the analysis of data processing equipment to determine if the equipment has been used for illegal, unauthorized, or unusual activities. It can also include monitoring a network for the same purpose. 4 It is the scientific examination and analysis of data held on, or retrieved from, computer storage media in such a way that the information can be used as evidence in a court of law. The subject matter includes (a) the secure collection of computer data, (b) the examination of suspect data to determine details such as origin and content, (c) the presentation of computer based information to courts of law, and (d) the application of a country's laws to computer practice. 5 Gathering electronic evidence If there would be a need to apply for a search warrant, the Bureau’s agents would first apply for one. If the judge would grant the application for the search warrant, the search warrant will be implemented, and the establishment where the staging point for the computer crime was committed, such as in case of hacking,6 would be raided. If during the raid,

the computer used was identified, it will be confiscated and will be taken to the forensics laboratory. Afterwards, the search warrant will be returned to the issuing court with the prayer to allow the Bureau to conduct a forensic examination. Evidence gathered will not be examined immediately as the approval of the court is necessary, so as to avoid questions or issues involving tampering of evidence. If the court allows the examination, it will require the complainant and representatives of the respondent to witness the examination. The examination of the evidence will thereafter be scheduled. In other cases, when there is a private offended party, such as a company, where the assistance of the Bureau is requested, NBI agents would prepare an image copy of the hard disk of the computer machine which is alleged to have been used in a computer crime or in conducting an anomalous transaction. The image copy will be brought to the Bureau, and a mirror copy of which would be examined. This is for purposes of knowing of how the offense was committed and if there are existing files. Once the evidence is secured, the persons most knowledgeable about the crime or the person who discovered the offense will be interviewed. In the process, the agents would look for the owner of the computer and the officers supposedly responsible for the computer. The agents may also use logbooks and directories of computers, when they run the computer per se. Sometimes, when there were traces left, it would give the NBI agents an idea of the person who used the computer before the discovery of the crime.

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Electronic evidence Electronic evidence has to be qualified by the Rules on Electronic Evidence. 7 As far as documentation is concerned, as part of the duties of the Bureau’s agents, actions taken in order for them to come up with the findings will have to be mentioned in the report. The software, hardware, and techniques used should also be noted therein. The preparation of report is the same as in documentary evidence, it is in its presentation that the variation comes in. Developments in the Philippines In the Philippines, computer forensics is still new. Bureau agents cannot really be said to be experts in the field, as they are still exerting all efforts to gain expertise. They attend trainings in forensics, computer crime investigations, and incidents in smugs. Although attending seminars and trainings do not make anyone an expert, expertise may be gained by experience, through new computerrelated cases being assigned to the agents. Their growing experience in investigation will help them in future and more complex cases that will be assigned to them. Furthermore, there has been a commitment from the US State Department to upgrade the knowledge of the Bureau’s agents involved in computer forensics. Since the pieces of equipment were donated, at least 20 cases have been examined. The tools have been effective and efficient in all cases wherein a computer is used, allowing evidence coming from formatted hard disks and systems with deleted files and changed operating systems to be secured and used for investigation. In one case involving malicious electronic mails(e-mails), the e-mail was traced through domain check8 and trace scouting. The moment the origin was traced, the Bureau applied for a search warrant and recovered the computer used. In another case involving drug trafficking, a raid upon a syndicate’s

premises allowed the recovery of a computer, which maintained records of its customers and suppliers.
Endnotes 1. Based on an interview with Agent Palmer Mallari, Executive Officer of the AntiFraud and Computer Crime Division (AFCCD) of the NBI. EnCase is a product of Guidance Software. The integrated functionality of EnCase allows the examiner to perform all functions of the computer forensic investigation process. EnCase's EnScript, a powerful macroprogramming language and API included within EnCase, allows investigators to build customized and reusable forensic scripts. EnCase (1) supports the acquisition of virtually all media that can be attached to a system: hard drives, Zip disks, USB devices, flash cards, Palm Pilots, etc.; (2) performs media acquisitions by producing an exact binary duplicate of data from the original media, by generating MD5 hash values of both the original media and all data contained within the resulting evidence file, and assigning a CRC value for each 64K block of the evidence file; (3) has an Optimized Search Engine, wherein the latest algorithm gives multiple-term keyword searches nearidentical throughput to single-term keyword searches; (4) can read PST files, the file format associated to Outlook, whether having compressible encryption and full encryption, and extract e-mail for plain-text analysis; (5) features multiple case management, allowing investigators to simultaneously run multiple cases on multiple media targets; (6) fully supports Unicode, and thus displays the characters in various language correctly; (6) fully supports Dynamic Disk Configurations, i.e. Dynamic Disks being hard drives that are upgraded to Dynamic Disks by Microsoft Windows 2000 or XP using the Disk Manager; (7) comes with both a parallel-port lap-link cable for parallelport cable acquisitions and a crossover network cable for crossover network cable acquisitions; (8) stores evidence files on shared media for either data retention or examination at a later date; (9) maintains complete records of all keyword searches that have been conducted including the time of the search, the scope of media examined, the keyword and GREP expression and the number of search results, with bookmarks being easily displayed and incorporated into the final EnCase report; (10) automatically generates a customized report that details the contents of the case, including relevant evidence, investigator comments, bookmarks, recovered images, search

2.

3.

criteria, search results and search information such as when the search was executed, length of search and more; (11) provides powerful search and analysis tools that allow investigators to view many different types of files in plaintext format, including registry files, email files, and more; (12) attempts to interpret file structures and show a representation of all files and folders, supporting thusFAT12 (Floppy), FAT16, FAT32, NTFS, HFS, HFS+, UFS, Sun Solaris, EXT2, Reiser, Palm, CDFS, Joliet, UDF and ISO 9660; (13) offers different Views that quickly and easily allow the investigator to find specific investigation/ case information, through (a) Table view, where files can be sorted by name, extension, file created date, logical file size and other criteria in a spreadsheetstyle format, (b) Gallery view, which displays images of BMPs, JPGs, GIFs, and TIFFs, (c) Timeline view, which allows the investigator to view a calendar-style graphic of all file activity, illustrating file attributes such as when files were created, last written or deleted, (d) Report view, wherein reports can be generated on any file, folder, volume, physical disk or the entire case; and that reports typically include reference information regarding the acquisition, drive geometry, folder structures, bookmarked files and bookmarked images. Encase also has (1) an EnCase Encrypting File System (EFS) Module, which provides Encrypting File System (EFS) folder and file decryption capabilities, for locally authenticated users; (2) an EnCase Virtual File System (VFS) Module, which enables examiners to mount computer evidence as a readonly off-line network drive, which allows further examination of the evidence using Windows Explorer and 3rd party tools; and (3) a Network Authentication Server (NAS) Module, which provides complete flexibility in EnCase software licensing. NAS enables EnCase software licenses to be utilized in 3 ways; local on the Examiner computer, remotely with Terminal Services, and across the network using the License Manager. See http://www.guidancesoftware.com/ Forensics Toolkit (FTK) is a product of Access Data. Forensics Toolkit (FTK) allows one to view over 270 different file formats with Stellent's Outside In Viewer Technology. Its FTK Explorer allows one to quickly navigate through acquired images. It can generate audit logs and case reports. Its features include (1) Advanced Searching, which includes (a) Full text indexing powered by dtSearch® yields instant text search results, (b) Advance searches for JPEG images and Internet text, (c) Locate binary patterns using Live Search, (d) Automatically recover deleted files and partitions, and (e) Target key files quickly >> [ 64] Computer Forensics

13

Computing

LEGAL MINUTIAE ON E-MAILS
by Jaime N. Soriano

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

lectronic mail (or usually known as ‘e-mail’) is one of the most popular and widely used features of present-day Internet technology. In fact, it is dubbed as the “killer application” of the Internet. Billions of people send and receive e-mail messages everyday. Many studies have shown that the bulk of network traffic in the Internet is e-mail related. This technology has even posed a serious threat to the viability, if not the existence, of postal and facsimile service systems. It is understandable why e-mail is very popular. It is fast because transmission and exchange of information happens in real time. It is cheaper compared to other forms of communication technology. It can accommodate large streams of data in text and other forms of multi-media, as attachments. It is capable of sending messages and data simultaneously to various recipients. It is user friendly because it does not require special technical skills or knowledge to use e-mail. It can be integrated, or capable of converging, with other communication technology like cellular phones. It is capable of preserving and following the trail of data or information transmitted through the network. And it supports the application of data protection and security tools, like encryption, password, cryptography, electronic signature, and anti-virus software, which would enhance integrity and reliability of communication. The E-Mail System E-mail is the system of transmitting computer-based messages over telecommunications technology. An e-mail can be a simple text message, a hypertext (linked) message, or it could include attachments of

documents, spreadsheets, graphics, video, pictures, applications or executable files, or it could be in the form of encrypted message containing classified information. E-mail users must have an email address consisting of two (2) parts separated by the symbol @: the user or account name and the domain name (the Internet registered name for the entity). Ex: myname@domain.com. The e-mail system is based on a “client-server model”. The e-mail client carries the user’s interaction with the server. It can either be: application-based (like Outlook or Eudora) or web-based (like Hotmail or Yahoo). E-mail clients carry other functionalities like an address book and an organized e-mail message display. It also holds the account information of the user, the IP (Internet protocol) address and the e-mail server to which it communicates in sending and receiving electronic messages. The e-mail server is the host computer with a large storage capacity that operates a combination of processes, lists the users, defines rules and protocols, and sends, receives and stores electronic messages including attachments without frequent user intervention. An e-mail server has one or more unique TCP/IP (Transmission Control Protocol/Internet Protocol) address that identifies the network address of the machine or the domain represented by 4 block numbers from 0 to 256 separated by dots. TCP/IP uses ports to allocate different jobs for different Internet services like file transfer, browsing or email. The e-mail server conducts e-mail services by running

these processes in the same machine: POP3 (Post Office Protocol 3) and SMTP (Simple Mail Transfer Protocol). These processes are linked by an internal mail delivery system that moves the mail between POP3 and SMTP servers. POP3 servers hold e-mails in a queue and deliver them to the client when requested. SMTP receives outgoing e-mails from clients and sends and receives e-mail from other SMTP servers. In order for clients to collect e-mail from e-mail servers, they also use POP3 servers. Clients must supply a username and password to the server in order to log into their account or POP3 mailbox. The e-mail server will respond with the number of messages waiting and the client can initiate a 'dequeue' command to download the queued e-mails. The messages will either be deleted from the e-mail server or marked as read so they are not downloaded again. IMAP (Internet Message Access Protocol) may be used in lieu of POP3 for accessing e-mail stored on a server. It is a protocol that allows users to perform certain e-mail functions on a remote server rather than on their local computer. The fundamental difference between accessing e-mail via IMAP as opposed to POP3 is that the former does not download the messages and store them locally as POP3 does. All message manipulation, such as opening, closing and deleting, is carried out on the server. This makes backup simpler and security tighter since no emails are actually stored locally on the users’ personal computer. SMTP is the language that most mail servers use to send messages between each other. When a message is sent, it uses DNS (short for ‘domain name

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service’) to convert the domain part of an email address (i.e. @domain.com) to the TCP/IP network address of the machine that maintains the domain. It then connects to that IP address using port 25 and communicate the sender's and recipient's email addresses and the body of the message. SMTP can only transmit text. Thus, this creates a problem when it comes to sending images, video and other attachments via e-mail. SMTP gets around this problem by using two different methods: Uuencode (Unix-to-Unix encode) and MIME (Multi-Purpose Internet Mail Extension). Uuencode assumes that the file or attachment contains binary information (1s and 0s). It converts this binary information into text using a simple mathematic equation, similar to encryption. Once UUencode has converted an attachment into text, it can now travel via SMTP The need . for a system to translate the array of constantly changing attachment formats that could not be handled by Uuencode led to the development of MIME. The latter works in a similar way as the Uuencode but creates a header that it wraps around each encoded attachment that permits the encoding of sound and images. The choice between using Uuencode or MIME is normally dictated by the sending email server. E-mail servers could also be: a local mail server or a web mail server. A local email server provides a single point where all e-mail traffic can be monitored and controlled to prevent the spread of viruses and other potentially harmful content. Interaction is application-based using an email client.

and reply services they require. Generally, the use of third party web mail is discouraged, unless the service is properly controlled and monitored. Legal Risk in Sending E-Mails The following are the possible risks in sending e-mail messages: · the content of e-mail messages could be the basis for a libel or damage suit. Over an e-mail that criticized her talk show and her persona, television personality and actress Kris Aquino filed a libel suit claiming P80 million in moral damages against GMA Channel 7 executives. 1 In October 2000, a disgruntled ex-employee who made false accusations against a former employer through a series of emails under a false name using a hotmail account has been ordered to pay £26,000 damages and costs estimated at £100,000 in a landmark ruling before the civil courts in UK. Despite the denial of having sent the e-mails, expert evidence traced the e-mails back, via the IP address, to a laptop used to send the emails. The hunt for for the ex-employee included disclosure orders being issued against ISP CompuServe and Microsoft to force them to hand over account information. 2 In another case on September 2001, two London lawyers faced a lawsuit for sex and racial discrimination over an e-mail in which one of them asked for a 'busty blonde' as a replacement for their black secretary. 3 · sending e-mail attachment of copyrighted work could result in infringement suit and criminal prosecution. Under Section 172.1 of the Intellectual Property Code (Republic Act No. 8293) certain literary and artistic work are protected from the moment of their creation. This protection includes musical composition and computer programs. Reproduction

or distribution of these works as attachments in e-mail messages disseminated to the public under circumstances defined in Section 177 of the law may constitute infringement of copyright. Also, Section 33 (b) of the ECommerce Act of 2000 (Republic Act No. 8792) also penalizes piracy, and unauthorized copying and distribution of protected materials. · sending spam and unsolicited emails could be an unfair business practice. In October 2003, the Santa Clara County Superior Court in California ordered PW Marketing and owners Paul Willis and Claudia Griffin to pay $2 million in civil penalties in an antispam lawsuit for violating state laws prohibiting unsolicited commercial e-mail, false advertising and unfair business.4 The Philippines has no anti-spam law at the moment. an e-mail message is admissible as evidence in law as it has the functional equivalent of a written document and could establish a right or extinguish an obligation in our jurisdiction. With the enactment of the Rules on Electronic Evidence by the Supreme Court, 5 an e-mail message can be deemed as electronic evidence and is admissible as evidence in courts and quasi-judicial bodies for civil, criminal and administrative cases provided it is competent, relevant and can be authenticated in the manner provided for by the Rules.

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Legal Threats in Receiving EMails In receiving e-mails, the users are exposed to a wide array of on-line fraud, cyber crimes or potential harm or damage to the users’ computer systems, like the following: · Phishing. On 10 January 2004, a Citibank ‘phishing’ e-mail began making the rounds, warning Citibank customers of possible

A web mail server (like Hotmail or Yahoo), on the other hand, has the advantage of accessibility and convenience. It is possible to provide web mail services on a local e-mail server that can be accessed from offsite locations. Web mail does not have the full feature set of an installed client, such as Outlook or Eudora, but users find that it fulfils the basic read, write

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fraud affecting their accounts and urging them to login to check the status. "Phishing" is an e-mail scam designed to defraud customers of their credit card numbers and other personal information that can then be used for identity theft. Typically, the email message employs some kind of scare tactic designed to entice users into visiting a site and divulging their critical financial and personal details. Unsuspecting users of Internet Explorer are duped into believing they are on one website when in fact they are on another. The exploit involves inserting the hex 0x01 between the legitimate site's address and the actual hosting address. This causes the legitimate website address (www.citibank.com) to appear in the address bar, but the actual site being displayed is that of the criminal, in this case a North Korean website. 6 · Spam. Spam e-mail is generally defined as the sending or transmission of unsolicited e-mail, usually to many people. A message written for, and mailed to, one individual that is known to the sender is not spam, and a reply to an e-mail is not spam, unless the "reply" repeats endlessly. Spammers intrude e-mail filtering methods by using different email address for each mailing, or the most common, by forwarding his email through an intermediary to conceal the actual origin of the mail. Spam is basically utilized as a marketing tool for business. It proliferates because of the widespread use of e-mails. It virtually costs nothing to send emails and spammers find the lack of adequate e-mail regulations as a good recipe for exploitation. 7 The Philippines has no specific law against spammers. But Article 1921 of the Civil Code on human relations may be the basis to claim damages subject to the issue of jurisdiction over the violator. Viruses. Almost everyday, e-mail users have to contend with

different computer viruses that proliferate in the Internet. A ‘virus’ is a computer program that harms and halts computer systems and memory. It is capable of transmitting itself across the network without the knowledge of the user even bypassing security systems. At the moment, computer viruses are easily acquired through e-mails. · Nigerian E-Mail Fraud. In this scheme, the user will receive an e-mail message from a stranger purporting to have access to millions of dollars of funds. The bait is the fictional millions of dollars described in the message usually based on verifiable historical facts. The goal of this ‘advance fee fraud’ is to get the victim to come up with money for the "expenses" required to transfer those millions of funds The victim thinks, a few hundred or a few thousand dollars is trivial when $31 million is at stake. Each demand for more money is claimed to be the very last obstacle before the big money is released. Sometimes, the victim is lured to Nigeria, where even worse things happen. E-mail addresses are obtained in the same way that spammers get them. Perpetrators of this fraud are normally ruthless and violent criminals. 8 Stealing Personal Data. In The most common type of email fraud include email messages sent to the user for the purpose of stealing personal and financial information. These emails claim to be from legitimate sources the user use and trust and try to entice him to provide different types of personal and confidential information including online ID's, passwords, Social Security number and bank account numbers. In this jurisdiction, Section 33 (a) of the ECommerce Act of 2000 (RA 8792) penalizes “hacking” or “cracking” which refers to unauthorized access into or

interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system. Legal Protection in E-Mail Usage There are various means available to protect e-mail users from risk, legal or otherwise. Some of these measures include: · Entities must adopt a “content security policy” where employees acknowledged that the web and email system belong to the company and may be monitored. Installing enforcement, blocking or filtering tools” to block communications with illegal, malicious or spam messages. Adopting the use of “legal disclaimers” in sending e-mail messages. Implementating an “acceptable use policy (AUP)” for e-mails Choosing a “reliable ISP” (Internet Service Provider) to serve e-mail requirements. Preferably, using an “applicationbased e-mail client”. Keeping the “confidentiality of passwords and other vital information”. Installing reputable “anti-virus programs” to screen all e-mails messages and “anti-spyware or adware application” when going on-line. Installing “firewall” systems (both hardware and software). Firewall is a device that explicitly controls network access to computer network and allows the users to

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monitor the type of traffic passing in and out of the network and react accordingly. · Observing the proper “netiquette” (or the etiquette-of-the-Net or the appropriate behavior to follow when communicating online, particularly in e-mail). Exercising and observing proper “caution in your language” when sending, or replying to, e-mail. Adopting the use of “electronic signature” (any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message) Investing in the use “digital ID or signature” or “cryptographic systems” (devices to encrypt messages into a secret code provided by reputable so-called certification authorities) Printing and keeping a file of the printed copy of, vital e-mail communication or messages. If available, obtaining “liability insurance” policies for Internet and e-mail.

authorities) are generally exempt from civil and criminal liabilities with respect to electronic messages while acting as a service provider Finally, any person who obtained access to any electronic key, electronic data message, or electronic document, book, register, correspondence, information, or other materials are bound by the rules on confidentiality and cannot convey or share the same with any other party under Section 32 of the E-Commerce Act of 2000. A Final Word

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email users even find it bad netiquette to include more than the basic level of information or content required in each mail. Even so it is important to realise that emails cannot be considered to be private or confidential and are subject to both copyright and libel laws. Emails should never be intimidating, hostile or offensive on the basis of sex, race, colour, religion, national origin, sexual orientation or disability.”9

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Endnotes

E-mail is a great wonder of presentday information technology. The following article culled from the Internet would verily explain why. Thus: “Email gave early users – and still gives current users – a form of equality. In a paper published in 1978 by the Institute of Electrical and Electronic Engineers, two of the important figures in the creation of the ARPANET, J C R Licklider and Albert Vezza, explained the popularity of email: ‘One of the advantages of the message systems over letter mail was that, in an ARPANET message, one could write tersely and type imperfectly, even to an older person in a superior position and even to a person one did not know very well, and the recipient took no offence. Among the advantages of the network message services over the telephone were the fact that one could proceed immediately to the point without having to engage in small talk first, that the message services produced a preservable record, and that the sender and receiver did not have to be available at the same time. Email still presents this equality to users today; it is possible to transcend barriers of race, culture and wealth. Some

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The foregoing measures are by no means exhaustive but their application in computer systems would certainly give ample legal protection to e-mail users from unscrupulous individuals and entities in cyberspace. Other Legal Points in E-Mail Usage E-mail users must always remember that there is a way to trace e-mail identity even if anonymous e-mail addresses are used. If users think that they can hide under the cloak of anonymity in the information superhighway, they are mistaken. Under Section 30 of the E-Commerce Act of 2000 (Republic Act No. 8792) value-added service providers (like ISPs, e-mail servers and certification

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Cruz, Marinel R. "Kris Aquino rejects GMA 7 apology." Inquirer News Service, 14 July 2004. <http://www.inq7.net/ ent/2004/jul/15/ent_1-1.htm> Morris, Pete. "Court makes landmark email libel ruling." VNUnet.com, 13 October 2000. <http:// www.vnunet.com/news/1112449> Harrison, Linda "‘Busty blonde’ email lawyers face lawsuit." The Register, 6 September 2001. <http:// www.theregister.co.uk/2001/09/06/ busty_blonde_email_lawyers_face/> "Attorney General Lockyer Wins FirstEver State Lawsuit Against Spammer: Court Curbs PW Marketing's Business Practices and Requires Firm to Pay $2 Million." Office of the Attorney General, State of Californiam 24 October 2 0 0 3 . < h t t p : / / w w w. a g . c a . g o v / newsalerts/2003/03-130.htm> A.M. No. 01-7-01-SC effective 1 August 2001 Landesman, Mary. "Citibank phishing email." About.com, 28 March 2004. <http://antivirus.about.com/cs/ allabout/a/citiphish.htm> P Lutus. The Anti-Spam Home Page . <http://www.arachnoid.com/lutusp/ antispam.html> Kestenbaum, Lawrence. "Nigerian Fraud Email Gallery." <http:// www.potifos.com/fraud/> How Wmail Works. British Educational Communications and Technology Agency (BECTA), September 2004. <http://www.becta.org.uk/subsections/ f o i / d o c u m e n t s / technology_and_education_research/ how_email_works.doc>

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Computing

P2P: PIRATE TO PIRATE TOWARDS ACTUAL PEER-TO-PEER
by Michael Vernon M. Guerrero

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ransferring files over the Internet have been normally been made using email (SMTP) and file transfer protocol (FTP), for smaller files and larger files, respectively although not exclusively. These methods use the client-server model where communication is relayed by servers to clients. With email, data is transmitted to the server for delivery, transmitted to the destination between servers, and is fetched later by the receiving client. With FTP data is , transmitted to the server for storage, and is fetched by the receiving client from said server. These were the modes of file transfer before peer-topeer computer networks or internetbased file-sharing networks became popular. Peer-to-Peer (P2P) A peer-to-peer (P2P) computer network is a network that mostly uses direct connections between peer nodes (clients). Such peer nodes simultaneously function as both clients and servers to other nodes on the network. Any node, thus, is able to initiate or complete any supported transaction with any other node. Peer nodes may vary in local configuration, storage quantity, processing speed, and network bandwidth. File sharing networks such as FastTrack, FreeNet, GNUtella, and OpenNap are examples of such.1 P2P networks have become a popular medium through which users share huge amounts of data. The bandwidth of all clients or nodes can be used fully and that the available download bandwidth may increase due to the increase in the number of nodes. Such networks also distribute the cost of sharing data among peers (clients) in

the network, by aggregating the resources of a large number of independent nodes in P2P systems, allowing applications to scale without the need of powerful and expensive servers, and thus reducing the cost of sharing data unlike if servers would be utilized. Simply said, users of P2P networks need not be aware of matters involving server administration, but would merely install P2P software in their regular computer, for them to acquire and share various media stored in their shared folder. P2P users are further allowed to download component parts of a file they are interested in from various users of a P2P network, instead of relying on a single source or website for the whole file. Anyone who has used the first version of Napster and the now popular Kazaa would have an idea of how P2P networks work. It was in 1984 that the phrase “peer to peer ” was used, with the development of the “Advanced Peer to Peer Networking” architecture at IBM. This referred to earlier researchand business-oriented peer-to-peer systems, which predated popular internet-based file-sharing networks. The first generation of Internet P2P networks had a centralized file list, which the courts of the United States deemed to be infringement of copyright. This generation includes the first version of Napster. 2 After media companies prevailed over Napster, a new generation of P2P networks emerged. They had decentralized file lists, and had improvements like distributed hash tables (DHT) and other optimizations for decentralized search. This generation includes GNUtella and FastTrack (specifically Kazaa). As anonymous P2P networks allow for

distribution of material with little or no accountability for it, such demand for such networks increased especially after the Recording Industry Association of America (RIAA) clamped down on individual P2P users in 2003. Such generation of anonymous networks includes Freenet, I2P and GNUnet. 3 , Underutilized and imperfect tool Although regarded generally as file sharing networks, most of the commonly shared files are either copyright-protected materials, such as mp3 music files and DivX 4 movie files, or adult-oriented media. The use of P2P networks, therefore, is rendered limited by such content; unlike nonP2P tools, such as email, which has cut across gossip, protected content, and forwarded feel-good messages towards legitimate and useful communication purposes. The trend does not appear to go to the other direction with regard to P2P systems as content demand remains towards the illegal and titillating than on the legitimate and “boring.” This trend may not be overturned in the immediate future until there is serious initiative towards the legitimate use of P2P networks, such as for academic or research purposes, or even for business purposes such as hiring. Such turnabout is not farfetched, as the Internet itself has been transformed from academic and scientific to proprietary over the years. Considering that increased legitimate use of P2P systems may be possible, certain challenges must be overcome before the potential of such systems may be realized. For one, the scale of the network and the autonomy of nodes make it difficult to identify and distribute the resources that are available. As the

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system is dynamic, with nodes constantly joining and leaving, resources and resource demands are constantly changing, making it difficult to determine which resources are indeed available. Further, some peers may be malicious and, thus, peers may receive inauthentic information or may be victims of denial-of-service (DoS) attacks. 5 Due to the anonymity of users in certain networks or due to the ease of changing profiles, it would be difficult to pinpoint and report malicious users at a given time. 6 Moderating the P2P threat Due to the prevailing content provided by nodes in P2P networks, such networks pose grave threats to established media companies. Thus, these P2P networks have been targeted by industry trade organizations, where the latter spend large amounts of money attempting to lobby lawmakers for legal restrictions. Industry organizations have not been successful in its advocacy to subvert the operations of P2P networks, but have been relatively successful in protecting its intellectual property rights before Unted States courts, as may be seen in the Napster case (infringement) and recently involving Kazaa (as to infringing users’ identities). Due to the networks’ parallel functionality as to other methods of file transfer, such networks may also collectively turn into an alternative forum to malefactors, such as terrorists, or may become a medium for the dissemination of their propaganda. Further, the networks are increasingly becoming alternatives to websites containing child pornography, which are currently being effectively clamped down. Current file-sharing legislation The following bills are, as of this writing, pending in the United States Congress: (1) Protecting Children from Peer-toPeer Pornography Act of 2003 [HR 2885], which seeks to prohibit the distribution of peer -to-peer file trading

software in interstate commerce; (2) the Government Network Security Act of 2003 [HR3159], which seeks to require Federal agencies to develop and implement plans to protect the security and privacy of government computer systems from the risks posed by peer-to-peer file sharing; and (3) Piracy Deterrence and Education Act of 2004 [HR4077]. Similar legislation are also pending with the Philippine Congress, although focusing more the general issues, such as Internet piracy and child pornography, through all Internet protocols and not necessarily through peer-to-peer networks only. Among these are: (1) An act amending certain provisions of Republic Act No. 8293, entitled “An act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions and for other purposes,” [HB00322] which seeks to amend the Intellectual Property Code through the integration of comprehensive, efficient and adequate strategies designed to respond to Internet piracy, among others; and (2) An act seeking to improve child protection against abuse, exploitation and discrimination, amending for the purpose Republic Act No. 7610, as amended by Republic Act No. 7658, otherwise known as the “Special Protection and Discrimination Act”, appropriating funds therefor and for other purposes, [HB01961] which seeks to impose penalty for child pornography through the internet and mandates the creation of a central data bank to monitor abuses made by foreigners against children and prevent their reentry, among others. Conclusion Peer-to-peer systems are tools that may serve legitimate purposes, although they are currently being used more extensively for less than legal ends. Subverting said networks, in general, would negate technological advances as to avenues for Internetaided communication, especially as to distributed file sharing. Shutting down

said networks would only highlight the fact that there is a shortage of ingenious solutions to prevent transmission of prohibited media by infringers and perverts. The solution being proposed, i.e. closing the venue of possible malefactors, is clearly and arbitrarily desperate. For one, sharing case digests over Kazaa or Limewire is an interesting thought.
Endnotes 1 Other examples are those of Applejuice (which includes Applejuice Client), BitTorrent (which includes ABC, Azureus, BitAnarch, BitComet, BitSpirit, BitTornado, BitTorrent, BitTorrent++, BitTorrent.Net, G3 Torrent, mlMac, MLDonkey, QTorrent, SimpleBT, Shareaza, TomatoTorrent, and TorrentStorm), CAKE (which includes BirthdayCAKE), Direct Connect (which includes BCDC++, CZDC++, DC++, NeoModus Direct Connect, and JavaDC), eDonkey (which includes aMule, eMule, LMule, MindGem, MLDonkey, mlMac, Shareaza, and xMule), ed2k or eDonkey 2000 (which includes eDonkey, and eMule), FastTrack (which includes giFT, Grokster, iMesh, Kazaa, Kazaa Lite, K++, Diet Kaza, CleanKazaa, Mammoth, MLDonkey, mlMac, and Poisoned), Freenet (which includes Entropy, Freenet, and Frost), Gnutella (which includes Acquisitionx, BearShare, Gnucleus, Grokster, gtkgnutella, Limewire, MLDonkey, mlMac, Morpheus, Phex, Poisoned, Swapper, Shareaza, and XoloX), Gnutella2 (which includes Adagio, Gnucleus, MLDonkey, mlMac, Morpheus, and Shareaza), Joltid PeerEnabler (which includes Altnet, Bullguard, Joltid, Kazaa, and Kazaa Lite), Kademlia (which includes eMule, MindGem, MLDonkey, and VarVar), Manolito/MP2P (which includes Blubster, Piolet, and RockItNet), Napster (which includes Napigator, OpenNap, and WinMX), WPNP (which includes WinMX), among other networks (including Akamai, Alpine, Ares Galaxy, Audiogalaxy network, Carracho, Chord, The Circle, Coral, Dexter, Diet-Agents, EarthStation 5, Evernet, FileTopia, GNUnet, Grapevine, Groove, Hotwire, iFolder, konspire2b, MUTE , and OpenFT). See Peer-to-peer. Wikipedia, the free encyclopedia. http:// en.wikipedia.org/wiki/Peer-to-peer For a digest of A &M Records Inc. vs. Napster, see Volume 1, Issue 2, page 15 of the Philippine Quarterly IT Law Journal. Peer-to-peer. Wikipedia, the free encyclopedia, supra. DivX® is the brand name of the world’s >> [65] P2P: Pirate to Pirate

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Telecommunications

VOIP: TO REGULATE OR NOT TO REGULATE
by Mary Ann Ll. Reyes

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oice Over Internet Protocol (VoIP) is taking the world by storm, not only because it offers a cheaper alternative to the voice calls made through the traditional circuit switches, but because many governments, including the Philippines, do not have a policy in place to deal with this new technology. Both the National Telecommunications Commission and Congress are currently looking into possible regulatory frameworks for VoIP The . Department of Transportation and Communications as early as Nov. of 2003 directed the National Telecommunications Commission (NTC) to promulgate the necessary implementing rules and regulations and guidelines that will govern the deployment and use of VoIP by businesses and the general public. More than a year since the DOTC issued the directive, the NTC has yet to come up with the appropriate guidelines. The task is not easy – there are the big telephone companies on the one hand who want exclusive rights to offer VoIP to the public, and there are the Internet service providers and other service providers on the other hand who are pushing for a deregulated approach to VoIP . The issue however boils down to a determination of the nature of VoIP under Republic Act no. 7925 or the Public Telecommunications Policy Act of 1995 and a resolution of the perplexing question of whether or not there is legal basis to regulate VoIP . The NTC itself admits that reconciling the interests of government,

telecommunications players, new entrants and the general public will not be an easy regulatory task, particularly because VoIP does not fit neatly within the model provided under Philippine law which has traditionally treated voice and data services differently. “As the Internet becomes available over virtually all technologies and platforms, from traditional fixed copper lines to satellites to mobile phones and to cable, to name just the most obvious, market dynamics are changing faster than laws and rules,” the NTC said. In a discussion paper circulated recently, the NTC pointed out that in coming up with VoIP guidelines, the commission is guided by two principles. The first is technological neutrality which means that future VoIP regulation, if at all, should neither impose nor discriminate in favor of the use of a particular type of VoIP technology, especially considering that various methods already exist, and indeed, that other methods could still be developed in the near future for accessing a VoIP network. Second is regulatory forebearance. The NTC stressed that it must be careful when deciding whether or not to regulate an emerging technology or service like VoIP Given what is admittedly a slow . pace of regulatory change, telecommunications, or more appropriately, information technology markets, can easily evolve as a result not of technological innovation and economic forces, but of regulation. This possibility is one which the NTC is seeking to avoid.

VoIP in a nutshell The NTC in its paper defines VoIP as a generic term that refers to all types of voice communication using Internet protocol (IP) technology, instead of traditional circuit switched technology. This includes use of packet technologies by telecommunications companies to carry voice at the core of their networks in ways that are not controlled by or apparent to end users. It basically enables users from different parts of the world to engage in voice conversations, even long distance ones, without having to pass through part or all of the telecommunications facilities. Using VoIP a person could engage in , international voice conversations without having to pass through – and pay for the use of - the international gateway facilities of telephone companies who charge much higher fees for the use of their networks. Internet telephony, on the other hand, is a specialized form of VoIP in which a regular voice telephone call is transmitted via the public Internet, thus bypassing all or part of the public switched telephone network (PSTN). Internet telephony can occur between computers, between a computer and a phone, and between phones. Legal and regulatory framework According to NTC commissioner Ronald Solis, whether or not VoIP should be regulated and who should be allowed to offer it would largely depend on the determination of its classification either as a basic telecommunications service or a valueadded service (or enhanced service). And Secretary Virgilio Pena, head of

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the newly created Commission on Information Communications and Technology (CICT) to which the NTC is now an attached agency, believes that any set of rules that will ultimately govern VoIP should be in consonance with RA 7925, particularly on what constitutes basic service and VAS. There is no question that duly enfranchised public telecommunications entities (PTEs) can and are allowed, under law, to offer VoIP to the public. But in the context of converging technologies and services, it is now also possible for other nonPTE entities such as cable companies and ISPs to also offer VoIP services to subscribers and the general public. RA 7925, defines ‘telecommunications’ as any process which enables a telecommunications entity to relay and receive voice, data, electronic messages, written or printed matter, fixed or moving pictures, words, music or visible or audible signs or any control signals of any design and for any purpose by wire, radio, or other electronic, spectral, optical or technological means. Only PTEs, defined as any person, firm, partnership or corporation, government or private, engaged in the provision of telecommunications services to the public for compensation may provide basic telecommunications services.RA 7925 also requires all persons or entities intending to commence or conduct the business of being a PTE to first obtain a legislative franchise, and to apply for a Certificate of Public Convenience and Necessity (CPCN) from the NTC to engage in a particular telecommunications service. In the latter case, it must show that it has the legal, financial and technical fitness to operate the service. Under the current legal regime, Internet Service Providers (ISPs) are not considered as PTEs. They are categorized as value added service (VAS) Providers, defined under RA 7925 as (entities) which, relying on

the transmission, switching, and local distribution of facilities of the local exchange and inter-exchange operators, and overseas carriers, offer enhanced services beyond those ordinarily provided by such carriers. Unlike PTEs, VAS providers cannot put up their own networks, although they are not required to obtain their own franchise. They are merely required to register with the NTC. The nature of VoIP In this context, the NTC said that the main legal question that it must resolve pertains to the legal nature of VoIP – whether it should be considered as a ‘telecommunications service,’ or as a ‘value added service.’ The question is crucial because if VoIP is classified a value-added or enhanced service, then there would virtually be no legal restrictions on ISPs and potential providers other than PTEs to offer VoIP as a separate and distinct service for compensation to the public. But if VoIP is deemed to be a telecommunications service, on the other hand, ISPs and potential providers other than duly enfranchised and authorized PTEs can be allowed to offer VoIP for compensation, but only by entering into separate agreements with duly enfranchised PTEs. Approaches Jurisdictions of Other

Wisconsin requested VoIP providers to file an application for authority to provide telecom services within the state. In contrast, Florida passed legislation largely exempting VoIP services from regulation, but that legislation did not address the applicability of access charges to VoIP offerings. Canada, meanwhile, makes a distinction between Internet data applications, which are free from regulation, and Internet applications that provide an alternative to public switched voice services, which are regulated. IP telephony between telephones, therefore, is subject to regulation. IP telephony service providers are treated like any other telephony service providers and must contribute to universal service funds, but only if the service they provide is between telephones. In India, VoIP is allowed, but only for communications from computer to computer while Vietnam allows outbound Internet-based calls from computer to computer, and from computer to telephone, but prohibits inbound Internet phone calls. The European Commission as taken the position that Internet voice services do not constitute voice telephony unless: they are offered commercially and separately to the public as voice services; they are provided to and from PSTN termination points; and, they are offered in real time at the same level of speech quality and reliability as offered by the PSTN. The EU presently holds that VoIP does not fit the definition of telecommunications because it does not involve direct speech transport in real time. However, recent improvements in the quality of service and the growth of the European VoIP market could eventually induce the EC to review its position. The NTC has laid down several issues that will have to be resolved in order

The legal classification of VoIP is a regulatory puzzle that is not unique to the Philippines. In the United States, Minnesota, New York and Wisconsin have all found VoIP to be subject to state telecommunications regulation to some degree. Minnesota in 2003 ruled that Vonage’s VoIP offering is a “telecommunications service” and that accordingly, Vonage should comply with all state telecom regulations. New York found that a VoIP provider was subject to access charges. And

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that it may be properly guided in coming up with an acceptable and viable regulatory framework for VoIP . Among these are: * What, under Philippine law, is the proper regulatory classification for VoIP services (telecommunications or valueadded) Who should be allowed to use, provide and/or benefit from VoIP in the Philippines? At this time, should the NTC issue rules and/or guidelines for VoIP? From a regulatory standpoint, should the various categories (PC to PC, PC to phone, Phone to phone IP telephony) be subject to similar or different treatment?

amendment would supersede any guidelines issued by the NTC. Telcos speak out The Philippine Chamber of Telecommunications Operators, whose members include the Philippine Long Distance Co. (PLDT), Globe Telecom, Smart Communications Inc., Bayan Telecommunications Inc., Digital Telecommunications Phils. Inc., want VOIP regulated. They argued that VOIP cannot be classified as a value-added service (VAS) simply because VOIP is marketed as a telephone service, a service which is already being offered by existing carriers who have complied with the law to put up at least four million fixed lines before they were allowed to operate. “The reality is that VOIP is marketed as a telephone service, that is, a person using a telephone set can talk over the system to another person at the other end using a telephone set. That is why it is aptly called Internet Telephony. And telephony is voice service…The moment a VAS provider offers voice service to the public in exchange for compensation, such would be a clear violation of law, absent compliance with the clear statutory requirements,” PCTO head and Globe senior vice president Rodolfo Salalima said. He pointed out that if the NTC allows VOIP operators to operate freely, without having to comply with the service area scheme, then they would be riding piggy-bank on the same networks constructed by existing carriers who have spent billions of pesos to put up the necessary infrastructures. “To remove this constitutionally mandated rules would be wholly disadvantageous to those entities which

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went through the mandated process, and they would have no chance in competing with a new breed which will not be regulated and not required to pay the numerous taxes and regulatory fees to which PTEs now are subjected. It would be not fair for the government now, after requiring the huge investments, to just say let another alternative voice service take over because it costs less. This alternative service appears to cost less because it will ride parasite-like on existing infrastructure at very minimal expense,” Salalima added. But ISPs say otherwise The Philippine Internet Services Organization (PISO) maintains that as a product of Internet technology and as one which uses the Internet Protocol instead of relying on the traditional switching mechanism to exist, VoIP is clearly not a traditional telecommunication services but an enhanced service and therefore a value-added-service. It stresses that the general public should be allowed to use VoIP in all its forms. , PISO has supported the clamor for a set of rules that will govern VoIP because according to its ISP members, because of the uncertainty, incumbent telephone operators are the only ones benefiting from the technology. The NTC, it said, should allow Internetbased services to develop in an environment of minimal regulation. In a position paper submitted to the NTC, the group added that it is incorrect to state that telecommunication companies will be threatened by unfair competition by VAS providers especially since providers like ISPs and (hopefully) VOIP providers, will always use an incumbent telecommunication operator for its infrastructure.

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Congress looks into VoIP THE House committee on information and communication technology has formed a technical working group to resolve the long standing debate on who may deploy VoIP services in the Philippines. Committee Chairman and former NTC commissioner Simeon Kintanar said that the working group would consolidate two bills filed in relation to VoIP into one bill.
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The dispute, he said, centers on whether VoIP services should be considered voice traffic or a valueadded service. Considering VoIP as voice traffic would mean that only telecommunications companies with a congressional franchise to carry phone calls could offer commercial VoIP services. He pointed out that the differing interpretations of RA 7925 could be resolved by amending the law. An

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Telecommunications
The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

GAMBLING THROUGH SMS
by Mary Ann Ll. Reyes

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he country’s biggest cellular phone service providers are opposing an application by the Philippine Amusement and Gaming Corp. (Pagcor) with the National Telecommunications Commission (NTC) for access codes to engage in text-based games of chance. Pagcor told the NTC that it is applying for special access codes (777 and 888 for authorized play and 787 and 878 for customer support) in order to centralize and integrate existing textbased games of chance, protect the public by preventing illegal gambling and text scams and eliminating unregistered gaming providers, and raise additional revenues for government. It is likewise asking NTC that it be furnished a list of all registered valueadded service (VAS) licensees for purposes of regulating and integrating games of chance providers, even as Pagcor pointed out that telcos engaged in gaming activities under VAS are currently not regulated. Globe Telecom senior vice president Rodolfo Salalima however accused Pagcor of trying to secure access codes from NTC not for the purpose of regulating existing games of chance but going into the business itself. He likewise stressed that since there is no public service involved but a mere attempt of Pagcor to engage in textbased gambling, then Pagcor should not secure a special access code from NTC but instead get a line from Globe and enter into a commercial relationship with the latter.

“It is the policy of Globe not to engage in gambling or to lease its lines for gambling purposes. Gambling is not public service,” Salalima pointed out. Smart Communications legal head Rogelio Quevedo for his part emphasized that they are opposing Pagcor’s application since Smart will not a llow its network to be used for gambling. While Pagcor representatives maintained that its objective in applying for special access codes it to regulate text games and protect the consumers and that it is not its intention to introduce new text games but regulate and monitor existing ones, they nevertheless presented a proposed Pagcor prepaid card called ‘e-game’ with denominations of P500, P1000, and P5000. They said that the cards will only be sold to adults (21 years and above) and that the high card denominations aim to discourage those with limited disposable income from participating. They said that all players will be required to register over the air through texting with Pagcor and that winners will personally have to claim their prizes by presenting valid government IDs indicating their age. Pagcor said it is mandated under Presidential De cree no. 1869 to centralize and integrate the right and authority to operate and conduct games of chance. However, mobile operators and even the Department of Trade and Industry claimed that Pagcor is overexpanding its authority

under the law since not all games of chance involve gambling. “It is only when there is betting involved that there is gambling over which Pagcor has authority to regulate. Russian roulette is a game of chance. Does this mean that Pagcor will have to interfere with private lives. (Pagcor) is overexpanding its authority under the law but seeking to regulate all games of chance when not all promos and games of chance are gambling. Sales promos for instance are under the DTI while it is the NTC that has jurisdiction over telcos,” Salalima noted. As planned by Pagcor, all third party application providers, games proponents, and TV games and interactive TV programs bef ore they can offer text-based gaming will have to seek the approval of Pagcor and pass through a Pagcor internet and mobile intermediation platform. Only Pagcor-approved games will then be able to use the lines of the telcos. Salalima however emphasized that there is nothing for Pagcor to regulate since text-based gambling does not exist. “If Pagcor wants to regulate textbased gambling, then going into the business itself is not the solution,” he said. He likewise castigated Pagcor for accusing telcos of engaging in gambling. “We are not engaged in gambling and never will. Convict us first instead of using us to get your access code. Do not use the telcos to get a line,” he said.

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Jurisprudence in CyberLaw

GLOBE TELECOM VS. NTC
G.R. No. 143964 July 26, 2004

(This section will be a regular feature of the journal to highlight significant cases decided in the Philippines and in foreign jurisdictions relating to information technology) by Mary Ann Ll. Reyes

Facts: The present petition dramatizes to a degree the clash of philosophies between traditional notions of regulation and the au corant trend towards deregulation. Globe Telecom and Smart Communications are both authorized under their respective legislative franchises to operate a cellular mobile telephone system (CMTS) using the global system for mobile communication or GSM technology. Among the inherent services supported by the GSM network is the short message service or SMS, also known colloquially as texting which has attained immense popularity in the Philippines as a mode of electronic communication. On June 4, 1999, Smart filed a petition with the National Telecommunications Commission (NTC), praying that the commission order the immediate interconnection of Smart’s and Globe’s GSM networks, particularly their respective SMS services. According to Smart, Globe, with evident bad faith and malice, refused to grant Smart’s request for the interconnection of SMS as required by law. NTC then issued the order which is the subject of the present petition before the Supreme Court mandating SMS interconnection, since SMS falls squarely within the definition of “valueadded service” or “enhanced-service” given in NTC Memorandum Circular No. 8-9-95.

The NTC also declared that both Smart and Globe have been providing SMS without authority from it, in violation of the said MC which requires public telecommunication entities or PTEs intending to provide value-added services (VAS) to secure prior approval from NTC. It likewise directed the parties to secure the requisite authority to provide SMS within 30 days, subject to the payment of fine in case of failure to do so. Globe filed with the Court of Appeals a petition for certiorari and prohibition to nullify and set aside the order and to prohibit NTC from taking any further action in the case. The company claimed that NTC acted without jurisdiction in declaring that it had no authority to render SMS, pointing out that the matter was not raised as an issue before it at all. In its memorandum, Globe also called the attention of the appellate court to the earlier decision of NTC pertaining to the application of Isla Communications (Islacom) to provide SMS, allegedly holding that SMS is a deregulated special feature of the telephone network and therefore does not require the prior approval of NTC. Globe alleged that NTC’s departure from its ruling in the Islacom case constitutes a denial of equal protection of the law. On Nov. 22, 1999, the CA affirmed in toto the NTC order. Interestingly, on the same day Globe and Smart voluntarily agreed to interconnect their respective SMS systems, and the interconnection was effected at midnight of that day.

Yet, on Dec. 21, 1999, Globe filed a motion for partial reconsideration with the CA, seeking to reconsider only the portion of the decision that upheld NTC’s finding that Globe lacked the authority to provide SMS and its imposition of a fine. Globe reiterated that it has been legally operating its SMS system since 1994 and that SMS being a deregulated special feature of the telephone network may be operated without prior approval of NTC. After the Court of Appeals denied the motion, Globe elevated the controversy to the Supreme Court. Smart also now argues that SMS is not VAS and that NTC may not legally require either Smart or Globe to secure prior approval before providing SMS. Issue: Is SMS a value-added service that requires prior approval from the NTC before it can be offered? Held: In a decision penned by Associate Justice Dante Tinga, the Supreme Court held that there is no legal basis under the Public Telecommunications Act or the memorandum circulars promulgated by the NTC to denominate SMS as VAS, and any subsequent determination by the NTC on whether SMS is VAS should be made with proper regard for due process and in conformity with the PTA. It added that the NTC may not legally require Globe to secure its approval for Globe to continue providing SMS. This does not imply though that NTC lacks authority to regulate SMS or to classify it as VAS. However, the move should be implemented properly,

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

through unequivocal regulations applicable to all entities that are similarly situated, and in an evenhanded manner. In arriving at its decision, the Court first inquired into the PTA, the law that governs all public telecommunications entities in the Philippines as well as the authority behind NTC’s cited memorandum circular. One of the novel introductions of the PTA is the concept of a VAS which the law defines as “an entity which relying on the transmission, switching and local distribution facilities of the local exchange and inter-exchange operators, and overseas carriers, offers enhanced services beyond those ordinarily provided for by such carriers. Section 11 recognizes that VAS providers need not secure a franchise, provided that they do not put up their own network. However, a different rule is laid down for telecommunications entities such as Globe and PLDT. The section unequivocally requires NTC approval for the operation of a value-added service. Oddly enough, neither the NTC nor the CA cited the above-quoted provision in their respective decisions, which after all, is the statutory premise for the assailed regulatory action. This failure, the SC said, is but a mere indicia of the pattern of ignorance or incompetence that sadly attends the actions assailed in this petition. It is clear that the PTA has left openended what services are classified as “value-added,” prescribing instead a general standard, set forth as a matter of principle and fundamental policy by the legislature. The power to enforce the provisions of the PTA, including the implementation of the standards set therein, is clearly reposed with the NTC. NTC relied on Section 420(f) of the implementing rules of the PTA as basis for its claim that prior approval must

be secured from it before Globe can operate SMS. The Court noted that instead of expressly defining what VAS is, the implementing rules defines what “enhanced services” are, namely: “a service which adds a feature or value not ordinarily provided by a public telecommunications entity such as format, media conversion, encryption, enhanced security features, computer processing, and the like. Given that the PTA defines VAS as “enhanced services,” the definition provided in the implementing rules may likewise be applied to VAS. Still, the language of the implementing rules is unnecessarily confusing. Much trouble would have been spared had the NTC consistently used the term “VAS” as it is used in the PTA. The definition of “enhanced services” in the implementing rules, while more distinct than that under the PTA, is still too sweeping. Rather than enumerating what possible features could be classified as VAS or enhanced services, the rules instead focus on the characteristics of these features. The use of the phrase “the like,” and its implications of analogy, presumes that a whole myriad of technologies can eventually be subsumed under the definition of “enhanced services.” The NTC should not be necessarily faulted for such indistinct formulation since it could not have known in 1995 hat possible VAS would be available in the future. The definition laid down in the implementing rules may validly serve as a guide for the NTC to determine what emergent offerings would fall under VAS. Still, owing to the general nature of the definition laid down in the implementing rules, the expectation arises that the NTC would promulgate further issuances defining whether or not a specific feature newly available in the market is a VAS. Such expectation is especially demanded if the NTC is to penalize PTEs who fail to obtain prior approval in accordance with Section 11 of the PTA. But the SC noted that

the NTC has yet to come out with an administrative rule or regulation listing which of the offerings in the market today fall under VAS or “enhanced services.” Still, there is NTC MC No. 14-11-97, entitled “Deregulating the Provision of Special Features in the Telephone Network.” Globe invokes this circular as it had been previously cited by the NTC as applicable to SMS. An examination of MC No. 14-11-97 further highlights the state of regulatory confusion befalling the NTC. Under the said circular, the NTC deregulated the provision of special features inherent to the telephone network. Special features shall refer to a feature inherent to the telephone network which may not be ordinarily provided by a telephone service provider such as call waiting, call forwarding, conference calling, speed dialing, caller ID, malicious call ID, call transfer, charging information, call pick-up, call barring, recorded announcement, no double connect, warm line, wake-up call, hotline, voicemail, and special features offered to customers with PABXs such as direct inward dialing and number hunting, and the like; provided that in the provision of the feature, no law, rule, regulation or international convention on telecommunications is circumvented or violated.& nbsp; Is SMS a VAS, “enhanced service,” or a “special feature”? The SC noted that even the NTC is unsure. It had told Islacom that SMS was a “special feature,” then subsequently held that it was a “VAS.” More significantly, NTC never required Islacom to apply for prior approval in order to provide SMS, even after the order to that effect was promulgated against Globe and Smart. This inaction, the Court held, indicates a lack of seriousness on the part of the NTC to implement its own rulings. Also, it tends to indicate the lack of belief or confusion on NTC’s part as to how SMS should be treated. Given the abstract set of rules the NTC has chosen to implement, this should come as no

25

surprise. Yet no matter how content the NTC may be with its attitude of sloth towards regulation, the effect may prove ruinous to the sector it regulates. In short, the legal basis invoked by NTC in claiming that SMS is VAS has not been duly established. The fault falls squarely on NTC. With the dual classification of SMS as a special feature and a VAS and the varying rules pertinent to each classification, NTC has unnecessarily complicated the regulatory framework to the detriment of the industry and the consumers. But does that translate to a finding that the NTC Order subjecting Globe to prior approval is void? There is a fine line between professional mediocrity and illegality. NTC’s byzantine approach to SMS regulation is certainly inefficient. Unfortunately for NTC, its actions have also transgressed due process in many ways. The very rationale adopted by the NTC in its order holding that SMS is VAS is short and shoddy. Astoundingly, the Court of Appeals affirmed the rationale bereft of intelligent inquiry, much less comment, the High Tribunal emphasized. The Court said that it usually accords great respect to the technical findings of administrative agencies in the fields of their expertise, even if they are infelicitously worded. However, the above-quoted “finding” is nothing more than bare assertions, unsupported by substantial evidence. The order that no deep inquiry was made as to the nature of SMS or what its provisioning entails. In fact, the Court

is unable to find how exactly does SMS “fits into a nicety” with NTC M.C. No. 8-9-95, which defines “enhanced services” as analogous to “format, media conversion, encryption, enhanced security features, computer processing, and the like.” The NTC merely notes that SMS involves the “transmission of data over [the] CMTS,” a phraseology that evinces no causal relation to the definition in M.C. No. 8-9-95. Neither did the NTC endeavor to explain why the “transmission of data” necessarily classifies SMS as a VAS. In fact, if “the transmission of data over MTS” is to be reckoned as the determinative characteristic of SMS, it would seem that this is already sufficiently covered by Globe and Smart’s respective legislative franchises. Smart is authorized under its legislative franchise to establish and operate integrated telecommunications/computer/ electronic services for public domestic and international communications, while Globe is empowered to establish and operate domestic telecommunications, and stations for transmission and reception of messages by means of electricity, electromagnetic waves or any kind of energy, force, variations or impulses, whether conveyed by wires, radiated through space or transmitted through other media and for the handling of any and all types of telecommunications services. It is clear that before NTC could penalize Globe and Smart for

unauthorized provision of SMS, it must first establish that SMS is VAS. Thus, the order effectively discriminatory and arbitrary as it is, was issued with grave abuse of discretion and it must be set aside. NTC may not legally require Globe to secure its approval for Globe to continue providing SMS. This does not imply though that NTC lacks authority to regulate SMS or to classify it as VAS. However, the move should be implemented properly, through unequivocal regulations applicable to all entities that are similarly situated, and in an even-handed manner. The SC however emphasized that the NTC will continue to exercise, by way of its broad grant, jurisdiction over Globe and Smart’s SMS offerings, including questions of rates and customer complaints. Yet caution must be had. Much complication could have been avoided had the NTC adopted a proactive position, promulgating the necessary rules and regulations to cope up with the advent of the technologies it superintends. With the persistent advent of new offerings in the telecommunications industry, the NTC’s role will become more crucial than at any time before. If NTC’s behavior in the present case is but indicative of a malaise pervading this crucial regulatory arm of the State, the Court fears the resultant confusion within the industry and the consuming public. The credibility of an administrative agency entrusted with specialized fields subsists not on judicial doctr ine alone, but more so on its intellectual strength, adherence to law, and basic fairness.

The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

LEXICON

OF

CYBERLAW TERMINOLOGY
public key can accurately determine: (i) whether the transformation was created using the private key that corresponds to the signer’s public key; and (ii) whether the initial electronic document had been altered after the transformation was made. (Section 1[e], Rule 2, Rules on Electronic Evidence)
>> [64] Lexicon of Cyberlaw Terminology

(This will be a regular section to acquaint law practitioners, students and researchers on legal terms in IT law preferably from the Philippine context).

“Certificate” means an electronic document issued to support a digital signature which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair.(Section 1[c], Rule 2, Rules on Electronic Evidence)

“Digital Signature” refers to an electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer’s

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Jurisprudence in CyberLaw
The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

METRO-GOLDWYN-MAYER STUDIOS, INC., ET. AL. VS. GROKSTER LTR. AND SHERMAN NETWORKS LTD.
CV-01-08541-SVW (United States)

(This section will be a regular feature of the journal to highlight significant cases decided in the Philippines and in foreign jurisdictions relating to information technology) by Jhonelle S. Estrada

Facts: The plaintiffs in these consolidated cases (copyright owners) are songwriters, music publishers, and motion picture studios or those ‘who own or control the vast majority of copyrighted motion pictures and sound recordings in the United States.’ Defendants Grokster Ltd. and Streamcast Networks, Inc., on the otherhand are ‘software distributors.’ They are the companies that freely distribute software that allow users to share computer files with each other, including digitized music and motion pictures. Plaintiffs alleged that over 90 percent of the files exchanged through use of the ‘peer to peer’ filesharing software offered by the software distributors involve copyrighted material, 70 percent of which is owned by the copyright owners. They contend that defendants are liable for vicarious and contributory copyright infringement, and that they are entitled to monetary and injunctive relief. Defendants initially used the fast track technology. But since StreamCast had a licensing dispute with KaZaa, it now uses its own branded ‘Morpheus’ version of the open-source Gnutella code. StreamCast users connect to other users of Gnutella-based peerto-peer file-sharing software. Grokster and Streamcast both distribute their software free of charge. Once downloaded onto a user’s computer, the software enables the user to participate in the respective peer-topeer file-sharing networks over the internet. The users of the software

share digital audio, video, picture, and text files. Some of the files are copyrighted and shared without authorization, others are not copyrighted (such as public domain works), and still others are copyrighted, but the copyright owners have authorized software users in peer-to peer file-sharing networks to distribute their work. Plaintiffs claim that majority of the information was exchanged in violation of copyright law. The district court ruled in favor of the defendants by stating that such activities do give rise to liability under the theory of contributory copyright infringement and vicarious copyright infringement

Issue: Whether or not the distributors of peer-to-peer file-sharing computer networking software may be held contributorily or vicariously liable for copyright infringement of the software users. Held: The decision of the district court was affirmed. A. Contributory Infringement Copyright

The three elements required to prove a defendant liable under the theory of contributory copyright infringement are: (1) direct infringement by a primary infringer; (2) knowledge of the infringement,;and (3) material contribution to the infringement. The element of direct infringement is present in this case. As regards to knowledge of infringement, in order to analyze its required element, the level of

knowledge required must be determined. If the product at issue is not capable of substantial or commercially significant non-infringing uses, then the copyright owner need only show that the defendant had constructive knowledge of the infringement. In this case, the district court found it undisputed that the software distributed by each defendant was capable of substantial noninfringing uses. A careful scrutiny of the record indicates that there was no genuine issue of material fact as to non-infringing use. Indeed, the software distributors submitted numerous declarations by persons who permit their work to be distributed via the software, or who use the software to distribute public domain works. In the case at bar, the software distributors have not only shown that their products are capable of substantial noninfringing uses, but that the uses have commercial viability. On the other hand, if the product at issue is capable of substantial or commercially significant noninfringing uses, then the copyright owner must demonstrate that the defendant had reasonable knowledge of specific infringing files and failed to act on that knowledge to prevent infringement. In this case, the software design is of great import. Under both StreamCast’s decentralized, Gnutellatype network and Grokster’s quasidecentralized, supernode, KaZaa-type network, no central index is maintained. Indeed, at present, neither StreamCast nor Grokster maintain control over index files. And, as the district court observed, even if the software distributors ‘closed their doors and deactivated all computers within their control, users of their products could continue sharing files with little or no interruption.’
>> [64] Goldwyn case

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Featured Article
YBERSE SEX UDIO ISUAL A DESCRIPTIVE STUDY ON CYBERSEX, AUDIO-VISUAL SEX SCANDALS, AND CHILD PRONOGRAPHY: PROSECUTION UNDER EXISTING PHILIPPINE LAWS, AND OTHER PROPOSALS AS A FRAMEWORK FOR FUTURE LEGISLATION
by Ailyn L. Cortez, Carlyn Marie Bernadette C. Ocampo-Guerrero, Michael Vernon M. Guerrero, and Reynaldo M. Pijo

T ABLE Part I. Understanding Pornography and an Overview of the Technology Available Today I. Pornography vis-à-vis Obscenity A. Pornography B. Obscenity

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C ONTENTS III. MMS Clips IV. Child Pornography A. Overseas Prosecution B. Local Prosecution Part III. Prosecuting the Offenses I. 38 39 40 41

28 28 29

II.

Pornography vis-à-vis Prostitution; History of Pornography 29

The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

III. Technology aiding the storage and transmission of pornography 29 A. Traditional media 29 B. Modern Media 30 1. Storage devices used 30 2. Consumer devices used 30 3. Non-physical transfer methods used 30 a. Electronic 30 b. Radio waves 3 0 c. Infrared Radiation (IR) data transmission 3 1 4. File formats used 31 IV. Digital Pornography A. Pornography in the Internet 31 31

1. Cyberporn / NonStreaming Internet Pornography 31 a. BBS 31 b. WWW 31 c. Usenet 32 d IRC 32 e. Peer-to-Peer 3 2 2. Cybersex / Streaming Internet Pornography 32 B. Pornography in Optical Devices / VCD-DVD 32 C. Pornography in Mobile Phones / MMS Clips 32 D. Child Pornography in any medium 33 V. National attitude on pornography

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Criminal Law 41 1. In General 41 2. Cybersex and Child pornography 42 A. Act 3815 42 B. RA 9208 42 C. RA 7610 45 3. Sex Scandal optical discs and sexually-explicit MMS clips 4 5 II. Civil Damages 46 46

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VI. Offenses instrumental and incidental to pornography 3 4 1. Sex Tourism 34 2. Sexual Exploitation and Child Sexual Abuse 35 Part II. The Philippine Experience

III. Evidence

IV. Miscellaneous: Convention and Treaty obligations 48 Part IV. Proposals I. Cybersex Sex Scandals and lewd MMS clips 48 48

I.

Cybersex A. Organized B. Unorganized Sex Scandals
AND AN

35 35 37 37
OF THE

II.

49 49

II.

III. Child Pornography

U NDERSTANDING P ORNOGRAPHY I. Pornography vis-à-vis Obscenity A. Pornography Pornography is the depiction of erotic behavior intended to cause sexual excitement. 1 It is “the sexually explicit depiction of persons, in words or

I O VERVIEW

T ECHNOLOGY A VAILABLE T ODAY whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.”3 The 1986 Attorney General Commission on Pornography of the United States defined it as material that “is predominantly sexually explicit and intended primarily for the

images, created with the primary, proximate aim, and reasonable hope, of eliciting significant sexual arousal on the part of the consumer of such materials.” 2 In legal parlance, pornography “refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

purpose of sexual arousal.” 4 Soft-core pornography features naked or scantily clothed persons, focusing mainly on their breasts and genitalia but shows no sexual intercourse. Hardcore pornography includes various forms of sexual penetration, forced and unforced, between two or more people. 5 Hard core pornography is said to be “sexually explicit in the extreme, and devoid of any other apparent content or purpose.” 6 B. Obscenity Obscenity, on the other hand, is “such indecency as is calculated to promote the violation of the law and the general corruption of morals.” 7 The current legal definition of obscenity is found in the 1973 US Supreme Court case of Miller v. California, 8 cited in the Philippine Supreme Court case of Pita vs. Court of Appeals. 9 According to the Miller case, material is obscene if all three of the following conditions are met: 1. The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interests. 2. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state (or federal) law, and 3. The work taken as a whole, lacks serious, artistic, political or scientific value 10 . The US Supreme Court ruled in the Miller case, which was adopted by the Philippine Supreme Court in the Pita case, that a legal definition of obscenity must meet the three-part test. It must be determined, “(1) whether the predominant theme or purpose of the material, when viewed as a whole and not part by part, and when considered in relation to the intended and probable recipients, is an appeal to the prurient interest of the average person of the community as a whole, or the prurient interest of members of a

deviant sexual group, as the case may be”; (2) whether the given material “depicts or describes, in a patently offensive way, sexual conduct – e.g. ultimate sexual acts, normal or perverted, actual or simulated; masturbation; excretory functions; or lewd exhibition of the genitals – measured against contemporary community standards; i.e whether it so exceeds the generally accepted limits of candor as to be clearly offensive”; and (3) “whether the material, taken as a whole, lacks serious literary, artistic, political or scientific value.” 11 If it appeals, thus, to the prurient interest, is patently offensive, and lacks serious value (artistically, etc.) then the material is considered obscene and is illegal. II. Pornography vis-à-vis Prostitution; History of Pornography Prostitution – that is, “the practice of engaging in sexual activity, usually with individuals other than a spouse or friend, in exchange for immediate payment in money or other valuables” 12 , or in legal parlance, “any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration”13 – has existed since time immemorial. Prostitution and pornography are intertwined inasmuch as pornography originally signified any artwork or literature depicting the life of prostitutes. Today, pornography includes erotic and sexually explicit imagery of ordinary persons, who may even be unaware that they are presented to the public in such a manner. Pornography has grown increasingly as a necessary offshoot of prostitution, in light of the increasing supply of cheap image capturing devices. Pornography has existed for centuries, although imagery and literature of such nature were not seen to be worthy of preservation or transmission. Rare images surviving to the present are

hand-drawn graphics originating from India and Japan. 14 Some literature which survived – although such are being argued to be artistic and not pornographic, depending on the community standard being applied – includes the Indian “Kama-Sutra” and the Greek treatise “The Art of Love” by Ovid, among others. With the advent of printing in 1452, pornography, existing in the fringes of legitimate publishing, proliferated to entertain as well as to arouse. The development of photography in 1827, through the individual efforts of Joseph Nicéphore Niépce and Louis Jacques Mandé Daguerre, 15 and the development of moving pictures in 1867, through the individual efforts of William Lincoln, Louis Lumière, and the Edison Brothers, 16 although not intended, contributed to the proliferation of pornography, as did the Internet, which grew out of the U.S. Defense Department program called ARPANET (Advanced Research Projects Agency Network) established in 1969. III. Technology aiding the storage and transmission of pornography Pornography exists in different media. Explicit images and image sequence may be stored in tangible and electronic forms. A. Traditional media Pornography in tangible or traditional media may be subcategorized as those printed in paper or other surface materials, and those captured in film. Those printed in paper includes photographs – either studio processed or polaroids 17 – besides usual pornographic publications. Those stored in film includes those stored in television and theatrical/cinema-grade films, such as the Super 16 (16mm) and the 35mm, respectively; film positives or slides; outmoded media such as Super 8 (8mm), 18 Betamax,19 VHS, 20 and Compact VHS, 21 among others. Storage in these media, i.e. printed or in film, may be bulky, and

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the cost of production and distribution is average to high. The potency of distribution is also limited. B. Modern Media Pornography in electronic or modern media, on the other hand, may be subcategorized – although said media are identically binary 22 – according (1) to the class of storage device used, (2) to the class of consumer electronics used, or (3) to the multimedia format used. 1. Storage devices used
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Messaging System (MMS)45 -enabled mobile telephones,46 digital audio players 47 (DAP sometimes also , recorder), digital cameras and camcorders, digital recorders, 48 among other digital devices available in the market. Transmission of such multimedia files is a function no longer in the exclusive realm of computers. The ways to transfer multimedia files increase exponentially as new classes of digital devices are introduced in the market. 3. Non-physical transfer methods used Multimedia files may be transferred from one computer to another, directly, through cables, radio, infrared, and other analogous means. Such files may be transferred through intermediary storage devices, such as optical discs, memory cards, and removable magnetic discs. a. Electronic Multimedia files may be transferred electronically through wires and cables. Earlier methods of connecting computers include parallel-to-parallel port cabling (for one-to-one connection) and Bayonet NeillConcelman (BNC)49 cabling (for Local Area Network [LAN]) 50 which are now passé, due to availability of cheaper computers and computer network peripherals such as hubs 51 and routers. 52 Current connections between computers are normally done through USB-to-USB53 port link, and LAN connections using RJ45 (Registered Jack 45) jacks and cables. One LAN can be connected to other LANs, or one remote computer can be connected to one LAN, or one remote computer can be connected to another remote computer, over any distance via telephone lines and radio waves. 54 Multimedia files are transferred in an Intranet55 through the use of shared folders in individual computers or allocated user folders in the file server. Similar files have been transferred from one remote computer to another, prior to and

simultaneous to the widespread use of the Internet, through Bulletin Board Service (BBS).56 When a computer, or the LAN, is connected to the Internet, various methods may be utilized to transfer and retrieved multimedia files on the Internet or another peer’s computer. Different protocols may be used, such as HyperText Transfer Protocol (HTTP) 57 where the World Wide Web58 is seen; Post Office Protocol version 3 (POP3) 59 or Internet Message Access Protocol (IMAP),60 and Simple Mail Transfer Protocol (SMTP) 61 where email is received and sent, and File Transfer Protocol (FTP) 62 where large files may be sent to an online repository or an allocated user folder in a destination server, Discussion boards or Usenet,63 among others. Multimedia files may be transferred from one computer user to another through Internet Relay Chat (IRC),64 or through Instant Messaging.65 Said files may be transferred by simultaneously connected computer users using peer-to-peer66 software, such as Kazaa, eDonkey, GNUtella, and the like. b. Radio waves Wireless LAN (WLAN) uses radio waves as its carrier, although the network backbone remains to be supported by wires and cables. Apple Macintosh computers use the pioneering WLAN product called AirPort. 67 Apple and most Wi-Fi (Wireless Fidelity) device manufacturers follow IEEE 802.11 68 WLAN standard, while a few follow the HomeRF 69 standard (2 Mbit/s, intended for home use). “Wired” LAN is preferred with desktop computers, while WLAN/Wi-Fi is preferred with mobile computers whether laptop or personal digital assistant (PDA). WLAN is more vulnerable to security breaches because it enables any person with a wireless-enabled computer or PDA to connect to the network, else the Internet, when in proximity of an access point called a hotspot, if not properly configured.

The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

Electronic documents, especially multimedia files, may be stored in disk storage,24 magnetic bubble memory, 25 and flash memory 26 /memory card 27 or the solid-state semiconductor memory type. Disk storage may be classified further as optical disc 28 – which comes in various formats: CDROM, (through CD-R and CD-RW media, i.e. writeable and rewriteable, respectively),29 DVD (through DVD-R, DVD-RW, DVD+R, DVD+RW, DVDRAM media), 30 Blu-ray, 31 and Minidisc 32 – magnetic (or hard discs), 33 removable magnetic such as floppy 34 and zip discs,35 and holographic. 36 Flash memory or memory cards are available through different manufacturers as CompactFlash I and II,37 SONY Memory stick (Standard/ Duo/Pro/MagicGate versions), 38 Secure Digital, 39 MMC, 40 41 42 SmartMedia, xD, or USB Keydrive43 a.k.a. Thumb drive. Most multimedia files are stored in hard discs, optical discs, removable magnetic discs, and flash memory or memory cards. Physical distribution and transport of digital multimedia files are usually made using optical discs and flash memory or memory cards. 2. Consumer devices used Storage of multimedia files is not isolated to computers, where data storage devices are widely used, whether desktop or portable (laptop or palmtop 44 ). Multimedia files are also presently stored in Multimedia

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On the other hand, Bluetooth 70 provides a way to connect and exchange information between devices like personal digital assistants (PDAs), mobile phones, laptops, personal computers, printers and digital cameras via a secure, low-cost, globally available short range radio frequency, as long as they are within 10 metres or 32 feet of each other.71 Bluetooth may be considered as wireless USB, contradistinguished with Wi-Fi, which may be considered as wireless Ethernet.72 Bluetooth does not use any telecommunication network resources when files are transferred from one computer or any other device to a mobile phone, or vice versa, or from one mobile phone to another. Only when the mobile phone user/ subscriber utilizes the phone company’s MMS service does he use telecommunication network resources for the transfer of the multimedia material to another mobile phone subscriber. c. Infrared Radiation (IR) data transmission 73 The use of infrared for data transfer was common between portable computers (laptops) and mobile phones, among others, prior to the popularity and affordability of Bluetooth and subsequent to the use of serial connections between the two (2) devices. Normally, the portable computer recognizes the mobile phone device as another computer connected to it. Integrity of connection, however, was a drawback to this kind of technology. 4. File formats used Multimedia files come in different file formats, and may be subcategorized as pictures, video, and audio. Pictures are usually in JPEG,74 GIF,75 and BMP76 formats, but may also be in PNG77 and any other format. Videos are usually in AVI,78 MPEG,79 WMV,80 and RM81 formats. On the other hand, audio or sound clips are usually in MP3, 82 WAV,83 WMA,84 and RA85 formats.

IV. Digital Pornography A. Pornography in the Internet The Internet has been called the network of networks. Over 9,400,000 host computers are linked worldwide of which 60% are estimated to be in the United States. It is further estimated that over 40 million people access the Internet around the world and that figure grew to 200 million in 1999. All Internet users have the ability to communicate with one another through various forums such as email, news groups, and information posted on the World Wide Web. Once material has been placed on the Internet, it is available to all other Internet users worldwide and cannot be prevented from entering any community 86 . 1. Cyberporn / Non-Streaming Internet Pornography With sex being indulged in more freely these days, it is not surprising that pornography, in a similar trend, becomes highly available in various media, especially Internet-connected personal computers. This trend is imminent inasmuch as the Internet has become a vast myriad of interconnected channels that provides man with a gateway to the world. In a relatively short time, the Internet’s impact and influence on people’s daily lives is immeasurable. There are elements or enclaves within it that have grown to become sources of consternation within the society. Among them is the pervasive availability of pornography or more commonly known Cyberporn. Cyberporn has been the most controversial topic arising from the use of the Internet in recent years and for years to come. Cyberporn includes hardcore pictures and movies made available online. Sexually explicit images can be found on web pages (World Wide Web [WWW]) and in news groups (Usenet), and are far too easy for anyone of any age to view. Even live sex acts can be viewed by virtually anyone through the Internet, through web-cameras on

online chat (Internet Relay Chat [IRC]). Explicit contents may also be transmitted through online messengers – such as Windows Messenger, Yahoo Messenger, and ICQ, among others – or through peer-to-peer (P2P) programs – such as Kazaa, among others. What was only available to a small number of people willing to drive to the bad side of town can now be viewed at any time in the privacy of one’s home.87 In a case conducted by Carnegie Mellon, entitled Marketing Pornography on the Information Superhighway, 88 the researchers therein pulled together elaborate computer records of online activity, and found out that “during their 18- month study, Carnegie Mellon researchers found 917,410 sexually explicit pictures, descriptions, stories, and clips. On the Usenet newsgroups where these digitized images are stored, they found that 83.5% of the pictures were pornographic.” 89 They found individual consumers in at least 2000 cities, in all 50 states, and in 40 countries around the world; and found out that 98.9% of the consumers of porn are men, although women do participate in “chat” rooms and other bulletin boards. 90 a. Through Bulletin Board Systems (BBS) Nearly three fourths (71%) of the sexually explicit images surveyed originate from adult BBS attempting to lure customers to additional collections of cyberporn. There they can charge monthly fees and take credit card numbers for individual images. The five largest adult BBS systems have annual revenues in excess of $1 million. 91 b. Through World Wide Web (WWW) Cyberporn is largely available through the World Wide Web (WWW) pages. These range from pictures, short animated movies, short and full actual movies, to sound files and stories.

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Most premium adult WWW sites require proof of age and payment by credit card to access their materials. 92 Marketing webmasters for premium adult websites, however, provide samplings of adult materials in unsecured webpages – i.e. without age verification through credit card check – in their individual Thumbnail Gallery Posts (TGPs). c. Through Usenet There are more than 14,000 Usenet discussion groups all around the world but only around 200 groups are sex related, and some of these relate to serious and legitimate discussions, such as about homosexuality or sexual abuse. Still, sexually explicit forums are the most popular areas on computer online services. At one university, 13 of the 40 most frequently visited news groups had names like alt.sex.stories, rec.arts.erotica, and alt.sex.bondage.
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clients, most users do not abide by the stipulation that prohibit such transmission. 2. Cybersex / Streaming Internet Pornography Cyber sex, in its shortest and most explicit definition is, a combination of communication and masturbation. It is a selfish gratification of one’s sexual desires while sharing one’s most intimate thoughts and fantasies with someone else. It is nearly identical to phone sex, the only difference being the method of communication. As computer networks become ever more sophisticated and voice chat more common, even this distinction fades. The newest problem comes in the form of video conferencing, which adds visual images making the activity even more addictive 94 . Cyber sexual activity takes many forms. One might download explicit pictures, or explicit stories. One might partake in the exchange of racy, sexually suggestive e-mails. One might view sexually arousing videos which open up and play on one’s computer screen, which may be either prerecorded or live. Webcams, cameras interfaced with a computer so that one might broadcasts live streaming images of oneself, are increasingly common in the use of cybersexual activity. Chat rooms, whether general or private, are as popular as ever and might often lead to masturbation, cybersex, phone sex, or actual meetings in the flesh95 . Indeed, cybersex is a phenomenon that is neither receding nor going away by any stretch of the imagination. Cybersex is a growing phenomenon, with an all too rich and vibrant future. B. Pornography in Optical Devices / VCD-DVD The popularity and the adaptation of compact discs (CD-ROM) and digital versatile discs (DVD), as media for films and data storage, marked the demise of tape videos – such as those stored in Betamax and VHS – as media

suitable for such content. The marked decrease in the price of CDs and DVDs allow the proliferation of contraband films, whether pirated Hollywood and Filipino movies or sexually-explicit Xrated movies whether foreign or Filipino. With pornography in VCDs fetching a price of mere twenty (PhP 20) pesos to fifty (PhP 50) pesos, it is not uncommon that porn purchasers would gravitate towards genre fixation or towards pursuing novel themes, some actively pursuing extreme perversions while others passively pursuing voyeurism or psuedovoyeurism, a genre that would include the various sex scandal videos peddled nowadays. C. Pornography in Mobile Phones / MMS Clips As mobile phones are slowly being transformed into converged communication devices with capabilities similar to computers, contents normally prevalent in the Internet and in personal computers shift venue to mobile phones. The ease of converting ordinary pictures and movies in their original formats as MMS content likewise aid to the immediate shift of computer content to mobile phones. Further, the capability of mobile phones to access the Internet directly allows download of Internet content into the phone itself. Other services such as messaging and chatting, which may altogether swerve towards adult context, or if not towards solicitation, as practiced in the Internet can find a sizeable niche in the mobile phone market. The problem does not stop with the conversion of Internet/computer content into MMS content but aggravates with instances of production of new content, using the built-in camera of more advanced mobile phones. It is thus easier to capture a sexual pose or act, with or without the subject(s)’ consent, by a click of a button. The mobile phone may also be used to capture images of prank sensual images known as upskirting and/or downblousing of anonymous

d. Through Internet Relay Chat (IRC) The Internet, through Internet Relay Chat (IRC) and online messaging, makes it possible to discuss sex, see live sex acts, and arrange sexual activities from computer screens. Users therein may exchange messages and files in small groups or in private channels Like the Usenet discussion groups a small fraction of the IRC channels are dedicated to sex..
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e. Peer-to-Peer (P2P) This method of file sharing allows every individual running a peer-topeer client or program to acquire sought multimedia files simultaneously and in fragments from different users, and share his own media without having the technical knowledge that would have been required in the older client-server model. Although copyrighted and adult materials are not allowed to be transmitted in peer-topeer networks, according to the EndUser License Agreements that comes with the software used as peer-to-peer

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persons in public places. Inasmuch as mobile phones are considered as indispensable accessory to most users, such phones can be easily taken in places where various stages of undressing is permitted, such as in disco-bars, pool areas, beaches, and spas; where images of a sinister context may be easily taken, if the management of such venues do not implement strict measures or parameters as to the use of such devices in said premises. D. Child Pornography in any medium The Optional Protocol on the Sale of Children, Child prostitution and Child pornography defines “child pornography” as any representation of a child engaged in real or simulated explicit sexual activities or of the sexual parts of a child for primarily sexual purposes. Child pornography is a visual recording of a crime being committed and the children who appear in such pictures are, at the time the picture is being taken, subjected to degrading, abusive and humiliating acts of a criminal nature. 96 Although it is clear that sexually explicit poses or acts of children, below the usually accepted 18-year minimum age threshold, are considered largely as child porn, what altogether constitutes child pornography remains under debate. It is unclear whether photographs of naked children would ipso facto be considered as child pornography. It is unclear whether the child’s genitals require to be exposed before images may be considered as such. It is likewise unclear whether only images and movies may be only form of child pornography, or whether it includes sounds and texts as well. Further, it is unclear whether child nudity, which is imbued with artistic merit, would not be exempted from such class of pornography. Furthermore, it is unclear whether simulated child pornography – whether due to the convincing appearance of non-underage females to appear as if under 18, or whether

the image is completely computergenerated without visual input taken from an actual child – is included also. The issue as to child pornography becomes further muddled on the definition of a child, in light of the varying age of consent in countries, such as the United Kingdom (16) and Japan (13). Unless a national law makes clear definitions and delineations, what constitutes child pornography would be varied according to various perceptions, different standards of morality, and unclear application in light of territoriality issues in International law. In fact, various countries have different interpretation as to what constitutes child pornography. In the United States, child pornography is defined as visual depiction of minors engaged in a sex act – such as intercourse, oral sex, or masturbation as well as the lascivious depictions of the genitals, which do not require the genitals to be uncovered. 97 Federal and state laws differ whether mere nudity involving minors comes under the definition of child porn, or if it would necessarily qualifies as obscene. Prohibitions against simulated child pornography have been found to be unconstitutional in the United States – unlike in the United Kingdom, Germany and the Netherlands – for being overbroad. 98 In Canada, material that shows someone who is or is “depicted as being” under 18, and is engaged or “depicted as engaged” in explicit sexual activity, is classified as “child pornography”. Materials judged to have “artistic merit,” however, are excluded. On the other hand, a written text that advocates or counsels sex with a child is also included. In Germany, the definition does not differ from that of conventional pornography. Sound and text can also be considered pornography. In the United Kingdom, a “child pornography” image is an “indecent photograph of a child”; there is no specific requirement of sexual content, as nudity is sufficient for an image to be indecent. In Japan, child erotica 99 only became illegal in 1999 following the country’s passing of its

Protecting Children Online law 100 The degree of gravity, or hardness, of child pornography ranges from “0. Clothed or portrait. “1. Naked, but not posed. Many of these were nudisttype photographs. The children in these photographs gave no sign of being aware of the camera and were usually depicted engaged in other activities such as swimming or playing ping pong, etc. “2. Naked and posing. The children here were looking at the camera or had adopted a self conscious pose. “3. Naked with genital contact or contact with another body. These included photographs where a hand was in contact with the genitals, and photographs showing naked children hugging or kissing each other. “4. Oral contact with sex organs. “5. Penetration, either anal or vaginal. “6. Bizarre. This last category contained material with a sadomasochistic character, urine sex, and photographs on which objects were introduced into the body orifices.” 101 For obvious underage girls, levels 2 to 6 are manifest instances where child pornography exists. Level 1 provides the gray area on the debate whether such nudist-type photographs would constitute child porn. The inclusion of Level 0 as a degree of gravity of child pornography in itself is debatable, as some proponents distinguish between

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child pornography and prêt art. Pret Art (Pre-teen Art) or Lolita Art is an erotic form of art, in which clothed adolescent or pre-pubescent girls pose for photos or videos. 102 The fact that models in Pret Art are not nude and the poses are not overtly sexual or otherwise harmful provides a fertile ground for debate whether Pret Art itself encourages pedophilia or whether it only depicts attractive minors similar to mainstream entertainment. Experts cite several reasons why individuals collect child pornography. These are: “1. Arousal and gratification: Individuals use pornography to stimulate their sexual drive and to aid in sexual stimulation. Some may only fantasise and others may use it as a prelude to actual sexual activity with minors. “2. Validation and justification of paedophile behaviour: The paedophile uses pornography to convince him/her self that their behaviour or obsession is not abnormal, but is shared by thousand of other sensitive, intelligent and caring people. “3. To lower a child’s inhibitions: Child abusers use pictures of other children having sex to assist in the seduction of a child and encourage reluctant children to freely participate. Images are often used as a way to show a child what the offender wants the child victim to do. Pornography may be used under the guise of “sex education” to create sexual arousal in the child. “4. Preservation of the child’s youth: Child pornography

ensures that there will always be an image of the child at the age of sexual preference. “5. Blackmail: Sexually explicit images are used to ensure the lifelong silence of the victimised child by threatening to show the pictures to parents, peers or others. Child victims will not always report pictorial records—even if they report sexual abuse— because they may be ashamed of what happened to them as well as of their participation in the pornography. “6. A medium of exchange: Child pornography is used as a means of establishing trust and camaraderie with other paedophiles and molesters and as proof of their good intentions when establishing contact with other exploiters. It is a medium of communication with fellow exploiters in public and private sex markets. “7. Access: Some exploiters exchange pornography to gain access to other markets and to other children. “8. Profit: Although most do not sell child pornography, there are some paedophiles and child molesters who sell homemade videos and photos on a one-to-one basis. Some child exploiters sell their self-produced materials to finance trips overseas to popular sex tourist destinations. 103

V. National attitude on pornography The attitudes of various nationalities vary on the issue of pornography. Western countries have relaxed restrictions on pornography. The sanctity of the freedoms of speech and information in the United States, for one, appear to be paramount, and thus the Courts therein finds censorship a greater threat than pornography. 104 Other countries, such as the Philippines, largely relate pornography with obscenity, and thus continue to strictly regulate, if not totally prohibit, such practice. 105 Still, child pornography – or kiddie porn – is almost universally prohibited, and faces the disapproval of most members of society. Child pornography exists due to production, distribution, and possession of materials relevant thereto. Laws in different countries differ on these matters. Production and sale of child pornography is generally illegal in most countries. Mere possession, however, is illegal in the United States, United Kingdom, and Netherlands. In contrast, downloading and possession of child pornography is not specifically prohibited in Russia. 106 VI. Offenses instrumental and incidental to pornography 1. Sex Tourism Sex tourism is “tourism, partially or fully for the purpose of having sex, often with prostitutes.” Legally, Sex Tourism “refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military.”107 Certain individuals seek sex in another country or region, possibly, due to (1) more relaxed morality laws, (2) less rigorous enforcement of laws, (3) cheaper

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rates, (4) more anonymity / privacy, (5) finding certain ethnic groups more attractive, (6) preferring the “work ethics” of foreign prostitutes to those of one’s own country, or (7) finding sex in tropical surroundings and a hot climate more arousing, among others. While most sex tourists only engage in this activity with other adults, a small percentage actively looks for adolescent or even younger prostitutes.
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2. Sexual Exploitation and Child Sexual Abuse Sexual Exploitation “refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority,

debt bondage, fraud or through abuse of a victim’s vulnerability.”109 Child sexual abuse denotes sexual abuse of or sexual activity with children. In addition to activities that would be considered sexual abuse between adults, it includes (1) sex between adults older than a predefined age of majority and children below a predefined age of consent (generally between 12 and 18 years), (2) acting as a pimp for child prostitution, (3) inducing a child to behave sexually in a performance, or to appear in child pornography, and (4) lewd action towards children, including disseminating pornography to a minor.
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Pedophilia, Ephebophilia, and Infantophilia involve Chronophilia, i.e. a paraphilia in which the paraphile’s II T HE P HILIPPINE E XPERIENCE

sexuoerotic age is discordant with his or her actual chronological age and is concordant with the age of the partner. (1) Pedophilia, or pedosexuality, is the condition of people whose primary sexual attraction is toward prepubescent children; and it is often used informally to describe people attracted to adolescents, or to describe child sex offenders. (2) Ephebophilia, or hebephilia, is the condition of adults who are attracted to postpubescent adolescents; pederasty if toward male adolescents or lolita syndrome if toward female adolescents. 111 (3) Infantophilia, or nepiophilia, is the sexual attraction of adults to small children (0-5 years old), inasmuch as interest in a 10-year old and a 2-year old seem rather to be different preferences. 112

I. Cybersex Cybersex is sexual activity of arousal through communication by computer; and Cybersex-for-pay substantially employs the Internet, and utilizes computer cameras and microphones that allow clients to see and talk to girls doing the role play with or for them.113 Such form of Internet pornography works when (1) an Internet surfer accesses a certain website on sex and chooses a woman through the photos shown in the site; (2) the surfer then contacts the operator to chat online with the selected woman; (3) the operator, through transactional tools in the adult website, asks for the surfer’s credit card number and the surfer will be charged for anywhere from $2 upwards a minute; and (4) the surfer thereafter asks the woman to perform sexual acts to be shown on the screens of the surfer’s, now subscriber’s, computer.114 Philippine Senator Maria Ana Consuelo “Jamby” Madrigal claims that Cybersex has become a billion dollar underground industry in the Philippines, emphasizing that the operator of the Orgasmic Ventures Inc.

in Las Piñas arrested January 2005 was earning at least 100,000 dollars a day. 115 Atty. Elfren Meneses Jr., chief of the NBI-AFFCD states that the degree of the proliferation of internet pornography in the country is doubly increasing since year 2000. Financiers or investors of such business, usually foreign nationals, are investing largely in the Philippines since they have contacts already with some Filipinos who will host the site.116 Senior Supt. Rodolfo “Boogie” Mendoza, officer in charge of the PNP Criminal Investigation and Detection Group (CIDG), identified the cities of Angeles and San Fernando in Pampanga, Las Pi¤as and Davao as cybersex “hot spots.”117 It is also claimed that Internet sex rings have spread all over the country, with satellite centers in Visayas and Mindanao, specifically in Cebu and Surigao.118 A. Organized 1. John Bagcal; Pasay City (8 May 2003) After a month of Internet and physical surveillance by the National Bureau of Investigation (NBI)’s Anti-Fraud and

Computer Crimes Division (AFCCD), and on 8 May 2003, the NBI-AFCCD raided three residential apartments in Cliff Townhomes on Roberts Street, Pasay City, owned by a John Bagcal (37 years old, Filipino), due to alleged operation of internet pornography. The NBI-AFCCD team arrested around 15 pornography female models during the raid, four of them caught in the act of performing in front of Web cameras, but not the Filipino owner, who was said to be hiding in a province near Manila. The team seized several personal computers, digital cameras, telephones, and sex toys such as vibrators. Bagcal was arrested subsequently.119 2. Asianbabes.com; Angeles City, Pampanga (4 October 2004) On 4 October 2004, the Criminal Investigation and Detection Group (CIDG) agents arrested Roland Thys (Belgian), Dean Punke Arthur (American), Ali Dimanlao Bonjoc and are pursuing other suspects – Morley Arthur Everly, Simon Thorpe and other still unidentified members of the cybersex ring who escaped during the

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raid made on the houses of the suspects. The policemen, armed with 14 search warrants issued by Judge Maria Angelica Paras Quiambao of the Angeles City Regional Trial Court, swooped down on the houses located at 115 Nile Street, barangay Anunas; 240 Narciso Street; 112-A Sarmiento Street, Plaridel Subdivision, and Apple corner Pear Streets, all in Angeles City; and were able to rescue 23 “sex goddesses,” including four minors. 120 On 2 November 2004, the Department of Justice had ruled in a resolution that mere possession of accessories used in the illegal activity was not enough to elevate the case against the Belgian, Roland Thys, in court. It is in the opinion of Senior Supt. Rodolfo “Boogie” Mendoza, officer in charge of the PNP CIDG that materials like pictures and messages found in a computer seized during a raid would have to be “reconstituted” by police authorities to actually prove that someone is being used for trafficking purposes .121 3. Eldon Lopez, et. al.; Angeles City, Pampanga (8 November 2004) As part of police’s operation “Operation Magdalena” – a campaign plan against prostitution – twenty (20) persons (17 young women or socalled “cybermodels,” an employee, a computer technician, and the Internet café operator-manager – were arrested by police 8 November 2004 during a raid on a suspected cybersex den in Angeles City, Pampanga. The policemen belonging under the Central Luzon police, in tandem with agents of the Criminal Investigation and Detection Group (CIDG), raided the house owned by one Sol Mesias pursuant to a search warrant issued by Judge Maria Angelica Paras Quiambao of the Angeles City Regional Trial Court. The policemen confiscated 15 computers with video cameras, communication devices and pornographic material. Arrested were Rocell C. Palo (27), Michelle M. Chua (20), Merlinda A. Atibagos (18), Mary

Ann O. Galantes (21), Rose Mary P . Quibec (24), Michelle V. Nuevo (18), Monica M. Chua (19), Deanne C. Duero (19), Jennifer Ellaine Pasay (20), Marian Estrada (23), Jenny Ompad (18), Raquel V. Abala (23), Estephanie Agasite (18), Analiza R. Rosario (22), Ivory Washington (Gay, 19), Kim Cereno (25); Arthur Eric Javier (21); Reynaldo Quillao, a computer technician; Nestor Layda, a janitoremployee; and Eldon Lopez, reportedly the operator and manager of the internet café. Charges of violation of Republic Act (RA) 9208 or the Anti-trafficking of Persons Act were being prepared against the suspects.122 4. Clifford Hacket, et. al.; San Fernando, La Union (23 November 2004) On 23 November 2004, Clifford Hacket, 40, from Colorado, USA, and his wife, Jaqueline, 24, along with three of their female employees – most of them minors: one was 15, another was 16 – were arrested during a raid on a rented house at Barangay Catbangen, San Fernando, La Union, where they had been operating the cybersex den. Seized during the raid were three computers with complete accessories, three Web cameras and speakers, assorted diskettes, pornographic VCDs and CDs, a CD writer, payrolls and the daily time records of the Hackets’ employees. The spouses were arraigned on 14 January 2005 at the Regional Trial Court Branch 30, presided upon by Judge Alpino Florendo. The two have been transferred to the La Union provincial jail from the Poro Point police assistance center after they failed to post bail. It was alleged that the employees were paid only P50 for working eight hours a day, and that some of them posed nude and did sexual acts in front of the computer for their foreign customers abroad. The couple pleaded not guilty. 123

5. Orgasmic Studios Inc.; Las Pinas, Metro Manila (21 January 2005) On 21 January 2005, Criminal Investigation and Detection Group (CIDG) agents rescued twenty (20) persons engaged in live sex acts over webcams in a raid of a cybersex shop, located at apartment units A, D, F and G on Lead st., and apartment D and F Daisy st., Barangay Pilar, Las Piñas, pursuant to a search warrant issued by Judge Joselito Vibandor, of the Regional Trial Court Branch 199. The police agents arrested Aloysious Galvez of the Orgarmic Studios Inc., along with nine employees, during the raid and seized 23 computer units and peripherals, compact discs, sex toys, lingerie, and other paraphernalia (or in other accounts, 30 computers and 100 cameras). Galvez reportedly yielded a number of foreign and local bank accounts that will be investigated by the police. The girls were distributed in fourteen rooms that served as studios where they performed various role playing acts for clients, and sometimes did live sex with a partner in front of a camera, mostly from the United States and Germany. Inside each studio at Orgasmic was a bed and an airconditioned unit. The walls were draped with multicolored, pastel curtains. Each room had a distinct look, like one was decorated with neon lights and plastic flowers, while others were made to appear like a typical girl’s room. Scattered in some of the rooms were sex toys, costumes and skimpy lingerie. 124 Among the chat hosts, Sherry Passion was able to hit the longest video chat of two hours and 25 minutes on 14 Nov. 2004. As a result, Sherry was entitled to an additional 50% of her earnings as incentive and to a clothing allowance of $30. The incentive rate for best chat hosts like Sherry Passion ranges from 50% to 100%. A daily earning from $1,001 to $1,800 entitles a chat host to an additional 50%; $1,801 to $2,500 entitles her to 70%; and the incentive for $2,501 up is 90%. The

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four other top chat hosts in Orgasmic Studios Inc., as listed on the bulletin board were Lolita, who had earned $1,856.38; Crissy Mae, $1,479.26; Tanya, $1,186; and Sofia Paola, $1,127. The names of 30 chat hosts were listed in one of three status reports as of 20 January 2005.125 The girls are said to be composed mostly of high school students who belong to rich and middle-class families, after more documents were recovered from the office of Orgasmic Ventures upon the execution of a new search warrant. Aside from the girls’ bio-data, contracts, vouchers and financial statements, CIDG agents also recovered notices of meetings of stockholders, attesting that other people were behind the syndicate.126 6. Unverified reports 127 Cebu: According to Senator Madrigal’s group, prior to the raid in La Union last 22 November 2004, Cebu police allegedly swooped down on a cybersex den. According to them, the cybersex den had strong links with the two Luzon-based cybersex syndicates. They alleged that said case allegedly did not even reach the prosecutor’s office, inasmuch as the suspects and the rescued girls were released from police custody after an influential politician allegedly intervened. The senator’s office has yet to complete the details about the raid. Surigao: According to Senator Madrigal’s group, an Internet café owner in Surigao has reported the rampant cybersex operations there. Makati City: According to Senator Madrigal’s group, as early as two years ago, an alleged cybersex den was raided in an exclusive subdivision in Makati City. They are now verifying reports about another cybersex den in another exclusive Makati village where most of the chat girls reportedly drive their own car and live in posh houses.

B. Unorganized There are increasing incidents, on the other hand, of individuals exposing themselves to others for free or fee, through web cameras, without the benefit of a website exclusively made for that purpose. Said exhibitionists are found in most popular chatrooms such as those of Yahoo! Chat. Inasmuch as web camera access may either be set by the broadcasting exhibitionist as either open (free) or by permission, it is possible to require payment before permission is given. 128 Inasmuch as these exhibitionists do not have licensed credit card transaction facilities of their own, the mode of payment is made through “pasa-load” or “eload,” or similar methods of moneyremittances over mobile phones. The price range goes as low as fifteen (PhP 15) pesos to the usual three hundred (PhP 300) pesos. Others require prepaid phone cards access numbers of certain phone load values or pre-paid Internet access information of specified value, before anyone interested may be given permission to view the exhibitionist exposing herself. II. Sex Scandals Generally, a sex scandal is a scandal in which a public figure – usually movie stars, politicians, or priests – becomes embroiled in a situation where embarrassing sexual activities or allegations thereof are publicized. 129 However, in Philippine context, the term “sex scandal” is usually associated to videos and images clandestinely acquired either of famous or even ordinary persons. What is necessary to constitute such videos as being sexually scandalous is that the actors therein are not aware that their acts are being caught on tape, or that the actors therein intended that the video or images being generated remain for the personal consumption of the actor’s and not of the public but which eventually leaked. The title of the videos are generally named according to the places where the acts were committed, such as

“Cebu,” “Dumaguete,” “Mindoro,” and the like. Others use prominent school names, such as “La Salle” to increase interest in the film inasmuch as it would suggest degeneracy of middle-class and higher-class teenagers in the eyes of the masses. The Mindoro Scandal appears to be latest video that circulated in the market. There are reports of other video scandals involving persons from St. Theresa College, University of San Carlos, and the Philippine Amusement and Gaming Corporation, among others. 1. Dumaguete Sex Scandal
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The Dumaguete Sex Scandal is a video which shows three women having sex with their boyfriends on different occasions in a bunkhouse in Dumaguete. This scandal, which caught the ire of women in Dumaguete, seemed to be a connivance between the male partners and the cameraman in taking the video, with the girlfriends completely unaware of the whole setup. The Dumaguete Scandal video appears to have been filmed as early as 1999. At that time the film was taken, the women were still single. One of them tried to commit suicide, while the two others have left the city with their reputation torn or ruined. The women were victims of their love for their boy friends at that time, not knowing that they were made mere commodities in a business venture of merchandising a pornographic video. It appeared that the businessman who runs the lodging house placed a hidden camera in one room that he allowed to be rented at a very low price or discounted rate. This businessman recorded the sexual acts of lovers inside this room. In some occasions, without the knowledge of the businessman, his cameraman invited male friends to bring their girlfriends to do the sexual acts as the camera rolled on. The cameraman and the male friends then put several recorded sessions together into one-hour shows, duplicated and sold these initially in

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Mindanao. Four years later, the pornographic videos had reached local video shops. The popularity of the video increased after politicians started to denounce the video and started investigating and charging people who were believed to be responsible for its production. Subsequently, the city filed charges against Engineer Jonathan Lim, owner of the bunkhouse, Noli Banagudos and Nicolas Siloterio, after a “vital witness” surfaced. Witness Victor Empleo – who claimed to be a close friend of Engr. Jonathan Lim, the owner of the house in Barangay Daro where the sexual activities were supposedly filmed – presented to the media some revelations of the businessman’s “operations” at the bunkhouse. However, Empleo later withdrew his affidavit. The case against Lim, Banagudos, and Siloterio is pending. Empleo, on the other hand, was charged for perjury. 2. La Salle Sex Scandal 131 , also known as Secret of Makati Two teenagers captured their sexual tryst in a video. The usual circulated copy contains 3 scenes, although the 1st and 2nd scenes are sometimes taken as a single scene. The first (combined) scene involves a bald guy “Leo” and her girlfriend having sex in a motel, while the second scene involves a lesbian scene by the girlfriend and another female, with “Leo” outside of the room. The tape runs for about 70 minutes. Some unverified reports provide that there is a third scene, which involves the two teenagers again but now inside the guy’s room. The tape was meant for the couple’s enjoyment, not for mass consumption. The video was said to have been videotaped in 2001, and was allegedly sold for P35,000. The identity of the actors and actresses are not known publicly. The public assumes the actors to be students of La Salle when the video was taken. A popular rumor is that the male was a student of DLSU-St. Benilde while the

main female was from St. Scholastica. Some believed that the video was first uploaded on the Internet inasmuch as a couple of yahoogroups or e-groups had a copy of such video before the video pirates in Quiapo and Greenhills got hold of it. Another account provides that the video, supposedly in the private collection of “Leo,” along with other pornographic materials, was mistakenly lent to a friend, who circulated the video to the public. There are conflicting rumors whether the main actress actually committed suicide, or not, after the scandal broke out. 3. Boarding House Scandal, 132 also known as Cebu Scandal or Bisaya Bang-Bang The show Correspondent exposed the secret porn activities of a fatherdaughter team. The daughter would invite her classmates over at their place for a swimming party or a cozy retreat (“tambayan”), making sure they were couples. Couples get lustful and do it in the bathroom while taking shower, or in the bedroom. The father films the whole thing from peepholes; the videos becoming part of the private collection of the father. The modus operandi of the father was exposed when the friends of the daughter heard movements in the next room, when they were assured that they were alone in the house. The friends called upon neighbors who apprehended the father, while attempting to escape by climbing a wall, and after he has tossed a bag-full of pornographic tapes over the fence. Tricycle drivers got hold of VHS tapes, and these were sold to enterprising video pirates who massproduced them. 4. Quezon City Scandal 1 to 3
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due to CD technology, the Internet, and the resourcefulness of video pirates. III. MMS Clips The widespread use of mobile phones with image/video-capturing capabilities; the technology shift towards Multimedia Messaging System (MMS), which provides messaging of dynamic content, over the usual Simple Messaging System (SMS), which only provides text messaging; and the adoption of the Bluetooth technology as a standard feature in mobile phones; provide the latticework for the increased incidents of sexually-explicit content that are transmitted among mobile phone subscribers. 1. Diana Zubiri MMS clip The Diana Zubiri MMS clip circulated in late 2004 and was the first to generate interest as to the use of the mobile phones as a conduit of such kind of content. The short video appears to have been clandestinely captured through a video-capturing enabled mobile phone by one of the crew participating in a photo-shoot, featuring Diana Zubiri, possibly for a calendar or a magazine. The camera showed the layout of the studio and focused mainly on the breasts and pubic areas of Miss Zubiri. 2. Francine Prieto MMS Clip The Francine Prieto MMS clip circulated not long after Diana Zubiri MMS clip circulated in late 2004. The video features segments of the photoshoot of Francine Prieto that was made in South Korea. The individual who circulated the clip to Philippine mobile phone users even incorporated music to the video. 3. The Mahal MMS Clip

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This scandal comes complete with cast and crew, starring GROs, shot in KTVs in and around Metro Manila and produced by Silverado Entertainment. The videos appear to have long been in circulation, except that it is only now that it proliferates in increased rates

The Mahal MMS clip circulated soon after, with Mahal (a midget actress) sitting on the toilet bowl. Mahal appears to be aware of the camera as she waved to it. A lot of media practitioners and showbiz personalities

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lambasted the circulation of the clip in the market, emphasizing that it was “outrageous, not delicious.” 4. Ethel Booba MMS Clip(s) The Ethel Booba MMS clip circulated widely early February 2005, with an image of Ethel Booba (although her hands and arms were covering her face for most of the video) stimulating herself with her fingers. Other clips appear to be less circulated, such as those which show Alex Crisano, with his prominent tattooed arm, lying beside Ethel Booba. The video(s) circulated allegedly after Crisano had his phone repaired in Greenhills, where the technician handling it discovered, took, and circulated the videos to other people.134 IV. Child Pornography The claim, that the Philippines is the fourth largest producer of child pornography, 135 however, is open to debate, inasmuch as that it is not supported by any accurate empirical data. Sales figures for this particular genre of porn is hard to come by as sales thereof is largely informal inasmuch as mainstream pornographers in developed countries do not involve themselves in producing such genre, in light of regulations imposed upon the adult entertainment industry. In the United States particularly, it would not be good business sense for established and upcoming adult entertainment firms to branch out to child pornography as such will deny them the usual harbor found in the First Amendment of the US Constitution and expose them to countless and expensive legal hassles, 136 if not the total deprivation to exercise their industry. Such criticism of the claim, which is limited to its accuracy, should not be construed to dissuade any effort to curb child pornography. In the Philippines, child pornography – along with sex tourism and child prostitution – thrive because of widespread poverty, public tolerance

of prostitution and pornography, sex tourism, availability of advanced communication technology, lack of stringent laws against child pornography, and inefficient prosecution of perpetrators. Advances in technology, especially the Internet, have made it possible for the easier production, reproduction and dissemination of pornographic images of children. 137 Sexual exploitation of minors is frequent, in the form of child prostitution, child pornography, and sex tourism. Crimes related to sex tourism are difficult to prosecute because they originate or transpire outside the geographic borders and legal jurisdiction of the Philippines. 138 The phenomenon is aggravated as it, more than not, involves family and close friends. The findings released by End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT), which support this conclusion, are based on the detailed study of 74 cases of former and active child prostitutes across the country, the total number of which is estimated to be around 60,000 child prostitutes (ECPAT 1996). Recruiters – immediate family members [or] people known to family and friends – often justify getting children into the sex trade by saying that they are “helping” them and their families. Preventing child prostitution is hindered by a code of silence that rules the sex trade and by ineffective law enforcement. The fight against child prostitution is further hampered by the victims’ reluctance to testify and the inexperience of prosecutors. 139 In 2002, a series of articles published in the People’s Journal narrated the extent of child pornography in the Philippines, and in effect, boldly exposed the country as a leading producer and distributor of child pornography, particularly on the Internet. The Philippine Senate took notice of this phenomenon but it resulted only in several committee hearings, a resolution for further study of the issue, and a Senate Bill authored by the then Sen. Loren Legarda. 140

The Online Protection Act for Children was pushed by Senator Tessie AquinoOreta in 2003 but it never passed the Senate. 141 Although similar bills have been submitted in the present House of Representatives and Senate, it must be noted, to emphasize the time such issue has been a continuing concern, that an international conference on pornography has been held in Manila as early as 1995, calling for committed and effective law enforcement to combat the growing abuse and exploitation of children and the pornography that is a integral part of it. 142 The issues on child prostitution, child pornography, and sex tourism is shared by the Philippines with neighboring Southeast Asian countries, such as Thailand, Cambodia, Laos, Vietnam, and Indonesia. An observation of circulating child pornography on the Internet – utilizing the search tool in the Peer-to-Peer filesharing program “Kazaa,” from Sharman Networks, or its competing version “Kazaa Lite Resurrection,” from Filesharing.com, and using pedophiliac search keys would point to the fact that an average of 1 out of 10 would involve Asian teenagers (the other 9 in the ratio involving Caucasians), and that an average of 1 out of 10 of those Asians would involve non-Japanese. Most of the Caucasian child pornography files available would appear to have been created in the 1970s and the 1980s, more likely before developed countries overwhelmingly condemned child pornography as illicit. It can be concluded from the above that Filipino child pornography is not circulated freely and substantially in open networks. It would be more likely that Filipino child pornography is circulated in exclusive peer groupings, or else, taken only for personal gratification as if in the form of a souvenir shot. Definitive statistics, as to the volume of Filipino child porn, may further be muddled by confusion arising from the similarity of the features of Thais and Indonesians to those of the Filipinos.

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Ephebophiliac images and movies, or Asian adults simulating to appear ephebophiliac, on the other hand, are available freely on the Internet, through hypertext transfer protocol (HTTP), and not necessary confined to peer-to-peer (P2P) networking. A sampling of pornographic images, largely involving Filipino and Thai females, would easily be found at explicit image thumbnail (TGP) websites. The thumbnail site does not require age authentication to prevent minors from viewing its contents. A. Overseas Prosecution Accounts of perpetrators charged due to child pornography are found in various online newspapers from Australia, United States, and the United Kingdom. Among them are 1. In October 1995, Anthony Richard Carr, 43 years old from Seaforth, New South Wales, Australia, was the first person charged under the Child Sex Tourism Law of Australia for offenses committed against a 5year old girl in the Philippines. Carr was initially arrested for offenses committed in Australia. A search of his home by the police yielded child pornography involving children in the Philippines. A joint Australian and Philippine investigation team found that Carr visited the Philippines to have sex with children and had paid money to a man to use his 5 year old niece in a pornographic video. Carr was sentenced to 6 years in jail by an Australian court for offenses committed in the Philippines and Australia. 143 2. On 10 January 2001, Durham Wragg, 56 years old from Sheffield, United Kingdom, was convicted in the England for indecency and smuggling obscene material for 30 months. It appeared that, in 2000, he used Home Office headed paper, belonging to the former prime minister, Sir Edward Heath, to type

a letter for Philippines immigration officials stating he was of good character and was going abroad to get married. He instead went to a resort outside Manila and filmed boys between 8 and 16 in his hotel bedroom. Wragg was caught at Manchester airport in May 2000 when police, searching his bag, found a camcorder. 144 3. On 7 June 2002, Raymond Colin Smith, of New South Wales, Australia, was convicted under the child sex tourism law for committing 3 sexual acts with two (2) 6-year old girls in the Philippines. Smith traveled to the Philippines on the Christian Charity the Mercy Ship. He sexually molested 2 girls and produced pornography. Smith’s manager discovered this abuse and sent him back to Australia for prosecution fearing Smith may receive a death sentence if prosecuted in the Philippines. Smith was sentenced by an Australian court to 3 years jail and will be eligible for parole after 21 months. 145 4. In October 2002, Bernard Lawrence Russell, a resident of San Diego, California, USA, traveled to the Philippines with the intent to engage in sexual activity with minors and, while in the Philippines, produced child pornography for the purpose of importation into the United States. On 3 December 2003, he was charged in California with traveling in foreign commerce with intent to engage in a sexual act with a juvenile, producing child pornography, and possessing child pornography for importation into the United States. He faces up to 45 years imprisonment if convicted on all counts. In addition, he is subject to a fine of $250,000, a mandatory special assessment of $100.00, and a three-year term of supervised release per count.146

5. In April 2003, Gordon Thomas, 29 years old from Glen Burnie, Baltimore, USA was arrested after investigators discovered he’d made a sexually explicit videotape of a child who lived next door to him., a child he was baby-sitting at the time. Investigators also found that he’d ordered child porn videos from the Philippines and had thousands of images on his computer. He pleaded guilty in June 2003 to sexually exploiting a minor by producing child pornography. He faces 10-year term in federal prison for producing child pornography, and is to serve three years of supervised release after he gets out of prison, when he will have to register as a sex offender.
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6. In October 2003, John W. Seljan, 85 years old, was arrested in Los Angeles, California, USA as he attempted to board a flight to the Philippines. The Immigration and Customs Enforcement (ICE) began its probe in August 2003 after border inspectors intercepted correspondence to two Philippine girls with ages 9 and 12 indicating that he planned to have sex with them there. At the time of his arrest, Seljan was found to have pornographic materials, sexual aids, and nearly 100 pounds of chocolates in his luggage. On 19 November 2004, Seljan was convicted on a total of 6 counts. Sentencing is scheduled for March 2005. Seljan faces a maximum sentence of 270 years in prison.148 7. In July 2004, Ronald Morris King, 54 years old from Nelson Bay, New South Wales, Australia was arrested by the Armed Forces of the Philippines (AFP) and charged with 8 offenses, including 6 child sex tourism offences and offences relating to the importation of child pornography. The charges involve the alleged sexual abuse

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of two Filipino girls which allegedly occurred during a recent trip to the Philippines. King was first identified at the airport on his return from the Philippines with a range of photographic material in his luggage. He was later arrested after his home was searched and explicit photographs were found. King was refused bail and is due to face court. 149 8. On 19 November 2004, Edilberto Datan, 60 years old, was indicted on child sex tourism and charges of producing, importing and possessing child pornography. He was arrested on 4 November 2004 as he returned from a two-month trip to the Philippines. Four (4) memory sticks, taped inside a jeans pocket of Datan’s luggage, were found by U.S. Customs and Border Protection officers at Los Angeles International Airport and were

found to contain approximately 100 sexually explicit images of Filipino boys. A search of Datan’s home later revealed an extensive child pornography collection. Datan denied any inappropriate sexual contact with them.150 B. Local Prosecution In July 2004, seventy (70) children, aged 5 to 14, were rescued from a child pornography ring during a raid in Los Banos, Laguna, resulting in the arrest of seven people, including a Japanese national, 151 a certain Noritaka Ota, alias Tony. The children were lured into having an excursion, where thirty (30) children were later separated from their chaperons and were being filmed. The children were made to believe that they were modeling and are being paid P10,000. Only 6 nude pictures were taken but were sufficient to prove that the perpetrators were into illegal trade. III P ROSECUTING
THE

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This incident prompted the Representative to the Philippines of the United Nations Children’s Fund (UNICEF) to issue a statement highlighting the widespread reality of child pornography in the Philippines. Still, according to Alex Ramos, a member of the technical working group pursuing the bill being introduced by Senator Maria Ana Consuelo “Jamby” Madrigal – to mete stiffer penalties on people caught distributing, creating, and purveying child pornography in the Philippines in various media including the Internet – many cases involving child pornography have been dismissed; and claimed that more than 20 cases involving child pornography that have been dismissed by courts in the last three years. Most of the courts’ ruling implied that mere possession of child pornography is not illegal.153

O FFENSES materials, including child pornography, and distribution of which, especially in optical disks) b. Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which 1. glorify criminals or condone crimes; 2 . serve no other purpose but to satisfy the market for violence, lust or pornography; (emphasis supplied, for exhibition in the practice

I. Criminal Law Act No. 3815, or the Revised Penal Code (RPC), was promulgated way back in 1930, decades before the advent of computers and the Internet and before the proliferation of cheap image capturing devices, such video recorders and cameras. A number of special laws have provided means to protect both children and women from exploitation, such as Republic Act No. 7610, otherwise known as the “Special Protection And Discrimination Act,” as amended by Republic Act No. 7658 and Republic Act No. 9231, and Republic Act No. 9208 or the “AntiTrafficking of Persons Act of 2003,” among others. 1. In General The Revised Penal Code provision applicable in common to cybersex, sex scandal, MMS sex clips, and child pornography is Article 201, which provides:

Article 201. 154 Immoral doctrines, obscene publications and exhibitions and indecent shows. — The penalty of prision mayor 155 or a fine ranging from six thousand to twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon: 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals; 2. a. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; (emphasis supplied, for production of pornographic

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of cybersex and other forms of streaming pornography) 3. offend any race or religion; 4. tend to abet traffic in and use of prohibited drugs; and 5. are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; 3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (emphasis supplied, for production and distribution of pornographic materials, especially in optical disks) In case Article 201, by certain circumstances, does not apply; Article 200 of the Revised Penal Code provides: Article 200. Grave scandal. – The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code. 2. Cybersex and Child Pornography A. Act No. 3815, the Revised Penal Code Article 201, else Article 200, of the Revised Penal Code likewise applies as to the photographs and videos that may have been produced and distributed in the commission of child abuse. The minors depicted therein are properly victims in the crime, even if they may have been willing in

participating in such, as they lack maturity and lack legal capacity to provide legal consent. In contrast, chat hosts (cybersex models), who are above 18 years old and who conduct themselves in such practice in a lewd or lustful manner, although there may be no physical sexual intercourse at all, are within the purview of Article 202 (5) of the Revised Penal Code, which provides: Article 202. Vagrants and prostitutes; penalty. – xxx xxx 5. Prostitutes. — For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor156 or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional 157 in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court. Persons who are responsible in employing or inducing these persons into prostitution may be pursued through Article 341 of the Revised Penal Code: Article 341. 158 White slave trade. — The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution.

Persons who are responsible in employing or inducing minors into prostitution may, in addition, be pursued through Article 340 of the Revised Penal Code. Article 340. 159 Corruption of minors. — Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a public officer or employee, including those in governmentowned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. Other acts of lasciviousness, which may have been committed in line with child abuse, may also be penalized as provided by Article 339 of the Revised Penal Code, which states: Article 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. B. Republic Act 9208 Section 3(a), of Republic Act No. 9208 (RA 9208, or the Anti- Trafficking of Persons Act of 2003) provides that “Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of

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others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.160 (emphasis supplied) Various acts and circumstances in RA 9208 are specifically penalized. First, Section 4 of said Act enumerates the acts constituting trafficking in persons, particularly involving prostitution, pornography and sexual exploitation, as Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary

servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; xxx A violation of any act enumerated in Section 4 penalizes the person guilty of committing said act(s) to suffer “the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00).”161 Second, Section 5 of the same Act enumerates the acts that promote trafficking in persons, to wit: Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which

issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and

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(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery. Any person found guilty of committing any of the acts enumerated in Section 5 of RA 9208 “shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00).”162 Third, Section 6 of the same Act enumerates the ways how trafficking in persons may be deemed qualified, to wit: Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-Country Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
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exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). Any person found guilty of qualified trafficking under Section 6 suffers “the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00).”
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all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public. In cases when prosecution or trial is conducted behind closeddoors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons. Any person who violates Section 7 of the law suffers “the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00).” 164 Certain persons, natural or juridical, are meted additional penalties or limitations when they violate RA 9208, that is: 1. C o r p o r a t i o n , partnership, and other juridical persons If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission.165

Lastly, Section 7 of the same Act provides for the protection of the right of privacy of trafficked persons and the accused, to wit: Section 7. Confidentiality. At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who

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The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name.166 2 . Foreigners If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country.167 3 . Government employees or officials Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under RA 9208. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her

retirement and other benefits shall likewise be forfeited. 168 4 . Adopter Conviction by final judgment of the adopter for any offense under RA 9208 shall result is the immediate rescission of the decree of adoption. 5 . Person who engages services of trafficked persons Any person who buys or engages the services of trafficked persons for prostitution shall be penalized, on his/her first offense for six (6) months of community service, as may be determined by the court, and a fine of Fifty thousand pesos (P50,000.00). On his/her second and subsequent offenses, such person may be penalized to imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00).169 C. Republic Act 7610 In addition, Article V, Section 9, of Republic Act No. 7610 establishes that “Obscene Publications and Indecent Shows” involves “Any person who shall hire, employ, use, persuade or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, pose, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prison mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.

Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act or movie shall be imposed a penalty of prison mayor in its medium period.” 170 3. Sex Scandal optical discs and sexually-explicit MMS clips Article 201, or Article 200 of the Revised Penal Code, are the provisions applicable to these forms of pornography. It is only by certain circumstances, such as that a pornographic material is included to an otherwise ambivalent statement, that Articles 355 and 359 of the Revised Penal Code may attach, as the issue as to “imputation” is emphasized. Article 355 provides: Article 355. Libel means by writings or similar means. — A libel 171 committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party. Article 359, on the other hand, of the Revised Penal Code provides: Article 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty

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shall be arresto menor or a fine not exceeding 200 pesos. II. Civil Damages Civil damages, clearly, may be had for sex clip leakages that occur with sex scandal optical disc and MMS clips distribution. The right to dignity, and the right to privacy of communication and correspondence, are rights protected by the Constitution. Section 11 of Article II of the 1987 Constitution (Declaration of Principles and State Policies”states that the “The State values the dignity of every human person and guarantees full respect for human rights.” Section 3(1) states that the “privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.” In consonance to these, Article 26 of the Civil Code provides that “every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another’s residence; (2) Meddling with or disturbing the private life or family relations of another; (3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.” Article 32 of the Civil Code, in turn, provides that “Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: xxx (11) The privacy communication correspondence; xxx In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.” III. Evidence The Rules on Electronic Evidence 172 was made effective on 1 August 2001 and initially applied to civil, quasijudicial and administrative proceedings of and

pending after the date of effectivity, and was a direct result of the enactment of Republic Act No. 8792173 , or the Electronic Commerce Act. The Supreme Court notes at the head of the Rules (Administrative Memorandum No. 01-7-01-SC) that Acting on the Memorandum dated 18 June 2001 of the Committee on the Revision of the Rules of Court to Draft the Rules on E-Commerce Law [R.A. No. 8792] submitting the Rules on Electronic Evidence for this Court’s consideration and approval, the Court Resolved to APPROVE the same. The Rules on Electronic Evidence shall apply to cases pending after their effectivity. These Rules shall take effect on the first day of August 2001 following their publication before the 20th of July in two newspapers of general circulation in the Philippines. (17th July 2001.)174 The Rules were amended on 24 September 2002 to include criminal cases in its coverage, effective 24 October 2002.175 Section 2, Rule 1, of AM No. 01-7-01-SC, now reads as Section 2. Cases covered. These Rules shall apply to the criminal and civil actions and proceeding, as well as quasijudicial and administrative cases.176 Electronic document is defined by Section 1 (h), Rule 2, of the Rules on Electronic Evidence as (h) “Electronic document” refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed,

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which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. For purposes of these Rules, the term “electronic document” may be used interchangeably with “electronic data message”. In relation thereto, “Electronic data message” is defined by Section 1 (g), Rule 2, of the same Rules as (g) “Electronic data message” refers to information generated, sent, received or stored by electronic, optical or similar means. On the other hand, “Ephemeral electronic communication,” is defined by Section 1(k), of the same Rule, which provides

and the fact that a privilege communication is in the form of an electronic document does not lose the confidential character, as provided for by Section 3, of the same Rule: Section 3. Privileged communication. – The confidential character of a privileged communication is not lost solely on the ground that it is in the form of an electronic document. Electronic documents are admissible as evidence, according to Section 2, Rule 3 of the said Rules, which provides: Section 2. Admissibility. – An electronic document is admissible in evidence if it complies with the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules. Particularly, the manner audio, video and similar evidence is made admissible is provided by Section 1 of Rule 11, of the Rules on Electronic Evidence, to wit: Section 1. Audio, video and similar evidence. – Audio, photographic and video evidence of events, acts or transactions shall be admissible provided it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof. Section 2 of Rule 11, of the said Rules, on the other hand, provides for the admissibility of ephemeral electronic communications, to wit: Section 2. Ephemeral electronic communications. – Ephemeral electronic communications shall be proven by the testimony of a person who

was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence may be admitted. A recording of the telephone conversation or ephemeral electronic communication shall be covered by the immediately preceding section. If the foregoing communications are recorded or embodied in an electronic document, then the provisions of Rule 5 shall apply. Electronic videos, audios and images, whether in electronic or optical medium, although strictly not “Electronic documents” according the first sentence of Section 1(h), Rule 2, may be argued by technologicallyinclined professionals to be within its context in light of the second sentence of said section in relation to Section 1 (g) of the same Rule, inasmuch as basic electronic formats of written documents, images, audio files, and video remain in binary 177 and ASCII178 modes (the latter with proper file format identifiers at the start of its code), which are merely interpreted as user-viewable text, sound, images, and videos by appropriate computer programs or applications. This argument, however, may result to the same outcome as to the issue as to the definition of “hacking,”179 which favors a legal conclusion without consideration to technical persuasion. It thus may be said that electronic video, images and audio, and similar forms are not “Electronic documents” although they constitute “Electronic evidence” nonetheless; in the same manner that photographs, videos, and phonographic records are not considered as part of such class of evidence which are documentary, but rather are included as object evidence. The question remains whether the application of the Rules of Electronic Evidence is limited to cases based on its original context, that which relates to the Electronic Commerce Act and

(k) “Ephemeral electronic communication” refers to telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained. (emphasis supplied) Electronic documents are functional equivalents of paper-based documents, as provided by Section 1, Rule 3 of the said Rules, to wit: Section 1. Electronic documents as functional equivalent of paper-based documents. – Whenever a rule of evidence refers to the term of writing, document, record, instrument, memorandum or any other form of writing, such term shall be deemed to include an electronic document as defined in these Rules.

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thus which involves purely business transactions, but which has been extended to include criminal cases; or whether the application of the Rules of Electronic Evidence is to be broadly applied to be deemed an extension of Rules 128 to 134 of the Revised Rules of Court, and thus the Rules apply to criminal cases even those without business complexion. A perusal of Section 1, Rule 1 of the Rules of Electronic Evidence – which provides Section 1. Scope. – Unless otherwise provided herein, these Rules shall apply whenever an electronic document or electronic data message, as defined in Rule 2 hereof, is offered or used in evidence. – and a perusal of the general definitions of electronic data message and electronic documents in Section 1 (g) and (h) of Rule 2, respectively – as quoted earlier – do not suggest data transmission to be exclusively confined to business transactions, and thus favor the second conclusion as to the

applicability of the Rules. IV. Miscellaneous: Convention and Treaty obligations The Philippines is a signatory of the United Nations Convention on the Rights of the Child and thus is obligated to protect children from all forms of sexual exploitation and sexual abuse. Article 34 of said Convention requires that parties must protect children from being coerced to engage in any unlawful sexual activity, from being exploited in prostitution, and from being used in pornographic performances and materials. Article 34 of the Convention specifically provides: “States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent: IV PROPOSALS

(a) The inducement or coercion of a child to engage in any unlawful sexual activity; (b) The exploitative use of children in prostitution or other unlawful sexual practices; (c) The exploitative use of children in pornographic performances and materials.”180 In addition to this, the Philippines also ratified in 2002 the “Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography,” 181 which calls for governments to ensure that adults involved in the exploitation of children are punished, and that children who have been sexually exploited, abused, or trafficked receive services to allow for their full social reintegration and their physical and psychological recovery.

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Dealing with computer-related crimes in the Philippines is still in its infancy. The law enforcement agencies and the judicial system are still ill-equipped to handle high-tech cases, both in terms of experience and equipment. As computer-related crimes exist across borders, technical assistance is necessary among countries, with equipment and training being provided by more developed countries. For one, the United States of America set up a computer crime unit in the Philippines in 2003. Atty. Ivan John E. Uy, chairman of the subcommittee on e-commerce of the Rules of Court committee and Director of the Management Information System Office of the Supreme Court, said that the computer crime unit was envisioned to supervise all computer-related crimes that will be manned by Philippine government officials skilled in computer crime investigation and

prosecution. 182 The question of enforcement is a constant, and the outcome of such relies upon the political will of public authorities. The question of the existence of law should never laxly taken, and should be revised and reconciled with the reality of the situation, inasmuch as the ones who aim to violate the law are active and crafty in finding ways to bend, if not break, or go around the law. I. Cybersex

Internet, in light of the anti-trafficking law, certain sectors remain to see them as inadequate and lax. Still, there is an agreement that proper agencies should pursue the drive against cybersex vigorously. Supplementary to this, legislators propose that said agencies should be adequately equipped in terms of technology, human resources, state-of-the-art equipment and the necessary facilities and logistics. 184 Certain measures are proposed herein: 1. There should be stricter fines against operators of organized cybersex business, and effectively classify such operators in the same level as other participants in organized crime.

The prominence of organized cybersex business, with the recent raid on Orgasmic Studios Inc., highlighted the need for stricter laws against obscenities. 183 Although certain senators, such as Senate President Franklin Drilon and Senator Mar Roxas, claim that there are enough laws to prosecute prostitution and sexual exploitation through the

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2. There should be better system of facilities inspection to determine whether a cybercafe, indeed operates for the benefit of public, or is being used as a front to cater to private indulgences. 3. There should be a central registry of all mobile phone numbers, whether pre-paid or post-paid, to determine the identity of the person who used said SIM card in the perpetuation of prohibited acts. Said registry should also include transaction dates of transfer of SIM. 4. There should also be proper regulations as to the operation of money transfers over mobile phones, inasmuch as mobile phones may be utilized to acquire remote remittance of money generated by illicit means, in a degree lesser than what may be placed within the purview of the money laundering law. 5. There should be proper mapping of Philippine websites, featuring adult content, even if such do not espouse the .ph domain. Pornography is not condoned within Philippine jurisdiction, and thus there is no reason to mitigate or qualify the issue with arguments involving financial viability, or implication as to lost taxes. 6. There should be a central registry of all MAC addresses for computers (and similar devices) to determine the identity of the userowner of the computer which may be used in the perpetuation of prohibited acts. Said registry should also include transaction dates of sale of the computer (and allied devices). II. Sex Scandals and lewd MMS clips The penalty of prision mayor or a fine ranging from six thousand to twelve thousand pesos or both is obviously inadequate to impose upon a violator

of Article 201 of the Revised Penal Code. Stiffer fines should be made inasmuch as the reputation and dignity of those who took part in the film, particularly the women, are forever ruined. Producers and distributors of such film or videos should be fined more harshly inasmuch as they have the financial means and the boldness to mass produce the films, and therefore magnifies the damage that would be inflicted upon the ad hoc porn actors depicted in the video/film/clip. Further, some other measures are proposed herein: 1. Further regulation must be made in the proper use of telecommunication networks, especially as to the transmission of objectionable content. 2. There should be a central registry of all computer peripherals and consumer devices which are able to transfer electronic data into optical media. A system to determine the relation, or impose the determination of a relation, between the optical disc writer (CD-R, CD-RW, DVD-R, DVD+R, DVD-RW, and DVD+RW) and the optical disc written, should be made. 3. There should be an tailor-fit article within the Revised Penal Code as to crimes against honor that would shield persons from dishonor, discredit, or contempt, even without manifest imputation by words or writing, but by imputation by analogous deed (such as unconsented distribution). Stiff penalties should be imposed against persons who leak personal sexual documents, which incriminates other persons besides the distributor himself/herself, to the public. 4. There should be a law imposing higher penalties against people who install hidden cameras and other paraphernalia to spy upon people in their intimate moments.

Thus, there should be an equivalent law to the Wire Tapping Law – as the latter dwells solely on sound recordings – that would apply to videos and pictures. This is necessary inasmuch as a University instructor in Bacolod City, to illustrate, installed surveillance equipment or a hidden camera inside his boarding house’s bathroom.185 5. Proper laws must be made in preventing voyeurs from utilizing any camera-like devices to acquire images of strangers, especially for malicious reasons (such as downblousing and upskirting), in public places and communal spaces. 6. Proper laws must be made to strengthen the rights of people to dignity and privacy. 7. Laws regulating data handling by technicians, whether as to computers, mobile phones or analogous devices, must be in place. III. Child Pornography The disturbing fact involving websites containing Filipino teens is that this conclusively shows that pornography involving Filipino females exists, and the volume of which is increasingly growing. The other disturbing fact is that the models appearing therein, especially in the Filipina 18 and Manila 18 websites, are in the borderline of legal, depending on the proper appraisal of the models’ age. The costumes use by the models, i.e. high school uniforms, provide a confusing assessment as to the real age of such models, taking into mind that most high school students graduate usually at the age of 17 to 18. 186 The two conclusions that can be made from the images are that (1) the models are by themselves underage, or that (2) the models simulate to appear to be underage. Such dilemma provides a good debate ground, therefore, whether child pornography would

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necessary include simulated child pornography. Although child pornography may be prosecuted according to Article 201 of the Revised Penal Code and Republic Act 7610, the laws are obviously inadequate to specifically handle such evil. It is necessary that a specific law pertaining to child pornography should be promulgated, to distinguish such phenomenon from regular pornography, and to provide harsher measures against those who indulge in it, in light of the clear vulnerability of children to such illicit practice. The law should include simulated child pornography as part of child pornography. Arguments as to valid role-playing cannot even be taken into consideration inasmuch as pornography, and not just child pornography, is illegal in our jurisdiction; such materials being obscene and do not easily attach to the concept of freedom of expression as in the United States. The law should provide the proper penalties for its production, possession, and/or distribution; not necessarily as a compound act but such acts taken individually; but with proper provisions to provide consideration to child abuse investigators, enforcers, and legitimate researchers. The penalty should be more than prision mayor, or a Php 6,000 to Php 12,000 fine. The penalty should be per count of illicit material and not as a lump sum of all the acts. Our present laws pale in comparison to the penalties provided to similar cases in the United States. 187 It is also necessary to provide certain laws or amendments 188 to existing laws to strengthen and further facilitate the successful acquisition of the custody of the perpetrator, especially if the perpetrator is a foreigner, and prevent
Endnotes 1 Prostitution. Britannica Concise Encyclopedia. Retrieved January 27, 2005 from Encyclopædia Britannica Premium Service. <http://

him to take flight from the Philippines, and to make him liable to his crime in the Philippines even if his native country has acquired custody of the perpetrator and has punished him accordingly with their laws. Thus, in fine, the following are being proposed: 1. That simulated child pornography should be included in the class of pornography determined to be child pornography. 2. Registration of computer users in Internet cafés should be mandatory, to facilitate the apprehension of law offenders who transmit illicit materials through anonymous webmail accounts through these facilities. 3. That stiff penalties be made against adults who distribute pornographic materials or encourage the viewing of such materials to minors. 4. That stiffer penalties be made against pedophiles who take theatrical and photographic mementos of the children that they ravish, and that further stiffer fines be made against pedophiles who distribute these pornographic materials to other individuals. 5. That mere possession of child pornography be made to constitute a crime, and that production and distribution be considered as separate counts of committed crime. 6. That civil penalties be determined not by the lump sum of confiscated materials but per piece of photograph (and its electronic equivalent), and per determined duration for videos.
w w w. b r i t a n n i c a . c o m / e b c / article?tocId=9376014>. Hogg, Charles. What is Pornography? Pornography and the Internet in the United States. Citing the definition of VanDeBeer, Donald. 1992.

7. That proper laws be made or strengthened to effectively prevent foreigners who committed criminal acts in the Philippines from leaving the country, and that stiff sanction be given to other individuals who advice, aid, or by such analogous act, the felon to take flight. 8. That Philippine courts be given jurisdiction, through the enactment of the proper law, over instances of publication of child pornography, whether stored in servers outside the country, as long as the individual depicted therein is a Filipino. (A proposal to enforce global jurisdiction, which is recognized in acts enumerated in Article 2 of the Revised Penal Code.) 9. That proper laws be made to curb the current situation that the Philippines is made a prime destination due to sex tourism. 10. That extradition treaties with developed countries, especially Australia, United States, and the United Kingdom, be strengthened to acquire jurisdiction over foreigners who, although remotely done in their respective countries, are cultivating child and womenrelated crimes in the Philippines. 11. That the culpability of foreigners who have taken flight from the Philippines from crimes committed within Philippine jurisdiction remain even if the foreigner has been charged in their own country for violation of their laws, and thereby be subjected to extradition after they have served their sentence in their country, if not yet dead.
“Pornography.” Encyclopedia of Ethics. New York: Garland Publishing. <http:/ /www.slais.ubc.ca/courses/libr500/ fall1999/www_presentations/c_hogg/ define.htm> Section 3(k), Republic Act 9208. RA 9208

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is entitled “An Act to Institute Policies to Eliminate Trafficking in Persons especially Women and Children, establishing the necessary institutional mechanism for the protection and support of trafficked persons, providing penalties for its violations, and for other purposes.” See the Philippine Laws and Jurisprudence Databank - The Lawphil Project. <http://www.lawphil.net/ statutes/repacts/ra2003/ ra_9208_2003.html>. Anderson, Kerby. The Pornographic Plague. Probe Ministries. Citing the Final Report of the Attorney General’s Commission on Pornography, ed. Michael McManus (Nashville, Tenn.: Rutledge Hill Press, 1986), 8. <http:// www.leaderu.com/orgs/probe/docs/ pornplag.html> Olson, Jeff. When A Man’s Eye Wanders. What is pornography? Retrieved 10 February 2005 from RBC Ministries. <http://www.gospelcom.net/rbc/ds/ cb991/page1.html> Anderson, Kerby. The Pornographic Plague. Probe Ministries. Supra, see note 4. Legal Definition of Obscene, Obscenity. Retrieved 10 February 2005 from The Lectric Law Library’s Lexicon <http:// www.lectlaw.com/def2/o002.htm> See the case of Miller vs. California, decided by the Supreme Court of the United States (413 U.S. 15). See FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code. <http://caselaw.lp.findlaw.com/ scripts/getcase.pl?court=us&vol=413& invol=15> See the case of Pita vs. Court of Appeals, decided by the Philippine Supreme Court (GR 80806, 5 October 1989.) See the Philippine Laws and Jurisprudence Databank - The Lawphil Project <http:/ /www.lawphil.net/judjuris/juri1989/ oct1989/gr_80806_1989.html> Anderson, Kerby. The Pornographic Plague. Probe Ministries. Supra, see note 4. Legal Definition of Obscene, Obscenity. Supra, see note 7. Pornography. Britannica Concise Encyclopedia. Retrieved January 27, 2005 from Encyclopædia Britannica Premium Service. <http:// w w w. b r i t a n n i c a . c o m / e b c / article?tocId=9375674>. Section 3(c), RA 9208. Supra, see note 3. Samples of Japanese and Indian erotic art may be found in the following websites: Kama Sutra. Rotten dot com: An archive of disturbing illustration. <http://www.rotten.com/library/sex/ kama-sutra/>, Semans, Anne. Your Guide to Sexuality. Sexuality: The Kama Sutra; A Peek Inside the Classic Pillow Book. About Inc. <http:// s e x u a l i t y. a b o u t . c o m / c s / sexualtechnique/a/kamasutra.htm>,

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Strom, Leslie. Sex Manuals in Relationship Hell. Get Lost Magazine .Com <http:// www.getlostmagazine.com/reviews/ 1999/9904relbooks/eroticbooks.html>, and The Art of Loving. Shunga Japanese Erotic Art. <http:// www.theartofloving.ca/art.asp> Bellis, Mary. “History of Photography and the Camera - Pinhole Camera to Daguerreotype.” Retrieved January 27, 2005 from About, Inc. <http:// inventors.about.com/library/inventors/ blphotography.htm> Bellis, Mary. “The History of the Motion Picture.” Retrieved January 27, 2005 from About, Inc. <http:// inventors.about.com/library/inventors/ blmotionpictures.htm> Polaroid® (a trademark of the Polaroid Corporation) is “the name of a type of synthetic plastic sheet which is used to polarise light,” while a Polaroid camera is “a type of camera with self-developing film usually called an ‘instant camera’. The invention of modern instant cameras is generally credited to American scientist Edwin Land, who unveiled the first commercial instant camera, the Land Camera, in 1947, 10 years after founding the Polaroid Corporation.” (Polaroid, and Polaroid Camera. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/Polaroid> and <http://en.wikipedia.org/wiki/ Polaroid_camera>,respectively) Super 8mm film is “a motion picture film format that was developed in the 1960s and released on the market in 1965 by Eastman Kodak as an improvement of the older 8mm home movie format.” (Super 8mm film. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/ wiki/Super_8mm_film>) Super 8 quickly became the accepted amateur and home movie standard and would remain so until the advent of the home video camera.” (Retrieved 10 February 2005 from Joey Brunton’s website. Super 8 – History. < http:// members.tripod.com/~bruntonj/ history.html>) Sony’s “Betamax” is the 12.7 mm (0.5 inch) home videocassette tape recording format derived from the earlier, professional 19.1 mm (0.75 inch) U-matic video cassette format. (Betamax. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Betamax>) The Video Home System, better known by its acronym VHS, is a recording and playing standard for video cassette recorders (VCRs), developed by JVC and launched in 1976. VHS officially stands for Video Home System, but it initially

stood for Vertical Helical Scan, after the relative head/tape scan technique. Several improved versions of VHS exist, most notably S-VHS, an improved analog standard, and D-VHS, which records digital video onto a VHS form factor tape. (VHS. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/VHS>) 21 VHS-C (C for compact) is used in some camcorders. Since VHS-C tapes are based on the same magnetic tape as full size tapes, they can be played back in standard VHS players using an adapter. (VHS. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/VHS>) 22 Binary, in mathematics, is “Base two; i.e. a number representation consisting of zeros and ones used by practically all computers because of its ease of implementation using digital electronics and Boolean algebra.” (Binary definition by Dict.die.net <http:// dict.die.net/binary/>, citing the definition by the Free On-line Dictionary of Computing (10 October 2003). <http:/ /wombat.doc.ic.ac.uk/foldoc/>) 23 Sample images of Memory Cards may be found at the following websites/ webpages: (1) Secure Digital Card, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Secure_Digital_Card>; (2) Memory stick, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/Memory_stick>; Multi Media Card, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Multi_Media_Card>; Flash Memory Card - CompactFlash. Retrived 10 February 2005 from Lexar Media Inc. h t t p : / / w w w. l e x a r. c o m / d i g f i l m / compact_flash.html>; Keydrive, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/ http://en.wikipedia.org/wiki/ Keydrive>; XD-Picture Card, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/XD-Picture_Card>; SmartMedia, at Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/ wiki/SmartMedia>. A note of memory cards, as a subset of data storage devices, was necessary as memory sticks were used in the physical transport of child pornography in the Datan case in November 2004; an overview of what transpired is available in the next chapter “Philippine Experience” under the heading “Child Pornography.”

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24 Disk storage is “a group of data storage mechanisms for computers; data is transferred to planar surfaces or disks for temporary or permanent storage.” (Disk storage. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/Disk_storage>) 25 Bubble memory is “a type of computer memory that uses a thin film of a magnetic material to hold small magnetized areas, known as bubbles, which each store one bit of data. Bubble memory was a very promising technology in the 1970s, but flopped commercially when hard disks came to proliferate in the 80s.” (Magnetic Bubble Memory. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Magnetic_bubble_memory>) 26 An EEPROM (E²PROM or ElectricallyErasable Programmable Read-Only Memory), is “a non-volatile storage chip used in computers and other devices. Unlike an EPROM, an EEPROM can be programmed and erased multiple times electrically. It may be erased and reprogrammed only a certain number of times, ranging from 100,000 to 1,000,000, but it can be read an unlimited number of times. Flash memory is a later form of EEPROM.” (EEPROM. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/EEPROM>) 27 Memory cards are “solid-state electronic flash memory data storage devices used with digital cameras, handheld and laptop computers, phones, music players, video game consoles and other electronics. They offer re-recordability, power-free storage, small form factor and rugged environmental specifications.” (Memory Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Memory_card>) 28 An optical disc, in computing, sound reproduction, and video, “is a flat, circular, usually polycarbonate disc whereon data is stored. This data is generally accessed when a special material on the disc (often aluminum) is illuminated with a laser diode. The information on an optical disc is stored sequentially on a continuous spiral track from the innermost track and outwardmost track.” (Optical Disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Optical_disc>) 29 The CD-ROM (“Compact Disc ReadOnly Memory” (ROM)) is “a non-volatile optical data storage medium using the same physical format as audio compact discs, readable by a computer with a CD-ROM drive. A CD-ROM is a flat,

plastic disc with digital information encoded on it in a spiral from the center to the limit, the outside edge.” A CD-R (Compact Disc-Recordable) is “a thin (1.2 mm) disc made of polycarbonate with a 120 mm or 80 mm diameter that is mainly used to store music or data. Unlike conventional CD media, a CD-R has a core of dye instead of metal.” Compact Disc Rewritable, or CD-RW, is “a rewritable version of CD-ROM. Whereas standard prerecorded compact discs have their information permanently stamped into an aluminium reflecting layer, CD-RW discs have a phasechange recording layer and an additional aluminium reflecting layer.” (CD -ROM, CD -R, and CD-RW. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/CD-ROM, http://en.wikipedia.org/ wiki/CD-R, and http://en.wikipedia.org/ wiki/CD-RW, respectively.) 30 DVD is “an optical disc storage media format that is used for playback of movies with high video and sound quality and for storing data. DVDs are similar in appearance to compact discs. The DVD format was a result of the unity of two high density optical storage standards in development; one was the Multimedia Compact Disc (MMCD), backed by Philips and Sony, and the other was the Super Disc (SD), supported by Toshiba, Time-Warner, Matsushita Electric, Hitachi, Mitsubishi Electric, Pioneer, Thomson and JVC. The official DVD specification was initially released in September 1996 and is maintained by the DVD Forum, formerly the DVD Consortium. ‘DVD’ was originally an initialism for ‘digital video disc’; some members of the DVD Forum believe that it should stand for ‘digital versatile disc’, to indicate its potential for non-video applications.” A DVD-R (properly pronounced as DVD R or DVD Dash R, not DVD Minus R) is “an optical disc with a larger storage capacity than a CD-R, typically 4.7 GB (4.4 GiB) instead of 700 MB, although the original capacity of the standard was 3.95 GB. A DVD-R can be written to only once, whereas a DVDRW is rewritable.” The DVD-R and the DVD-RW formats wer developed by Pioneer in autumn of 1997 and November 1999, respectively . DVD-R and DVD-RW are supported by over 90% and 75% of today ’s DVD players, respectively, and both are approved by the DVD Forum. A competing format is DVD+R (also DVD+RW for the rewritables). The DVD+R and the DVD+RW formats were developed by a coalition of corporations, known as the DVD+RW Alliance (which include Philips), in mid 2002 and late 1997, respectively. Although both DVD+R and DVD+RW have not yet been approved by the DVD Forum, DVD+R and

DVD+RW discs are playable in 87%95%, and 3/4 of today’s DVD players, respectively. Hybrid drives that can handle both formats, often labeled DVD±R are very popular since there is no universal standard yet for recordable DVDs. All DVD discs are composed of two 0.6 mm thick polycarbonate discs, bonded with an adhesive to each other. One contains the guiding groove and is coated with the recording dye and aluminum reflector. The other one (for single-sided discs) is an ungrooved, uncoated “dummy ” disc to assure mechanical stability of the sandwich structure, and compatibility with the compact disc standard geometry which requires a total disc thickness of about 1.2 mm. Double-sided discs have two grooved, recordable disc sides, and require the user to flip the disc to access the other side (unless a dual-pickup drive is used). (DVD, DVD-R, DVD-RW, DVD+R, DVD+RW. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/DVD, http:// en.wikipedia.org/wiki/DVD-R, http:// en.wikipedia.org/wiki/DVD-RW, http:/ /en.wikipedia.org/wiki/DVD_plus_R, and http://en.wikipedia.org/wiki/ DVD_plus_RW, respectively.) DVD-RAM (Digital Versatile Disc –Random Access Memory) is “a disc specification presented in 1996 by the DVD Forum, which specifies rewritable DVD-RAM media and the appropriate DVD writers. DVD-RAM media are used in computers as well as camcorders and personal video recorders since 1998. Compared with other DVDs, DVD-RAM is much more similar to a harddisk, as it has concentric tracks instead of one long spiral track. Unlike the competing formats DVD+R, DVD-R, DVD+RW and DVD-RW, you do not need special DVD burning software to write or read DVDRAMs on a computer. DVD-RAMs can be accessed like a usual floppy disk or hard drive.” (DVD-RAM. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http:// en.wikipedia.org/wiki/DVD-RAM>) 31 Blu-ray Disc is “a next-generation optical disc format jointly developed by a group of leading consumer electronics and PC companies called the Blu-ray Disc Association (BDA), which succeeds the Blu-ray Disc Founders (BDF). Because it uses blue lasers, which have shorter wavelengths than traditional red lasers, it can store substantially more data in the same amount of physical space as previous technologies such as DVD and CD. One single-layer Blu-ray Disc can hold about 25GB or almost four hours of HDTV audio and video, and the duallayer disc can hold approximately 50GB. The data transfer rate is 36Mbps, but 2x

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speed prototypes with a 72Mbps transfer rate are now in development.” (Blu-ray disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http://en.wikipedia.org/ wiki/Blu-ray_disk>) A MiniDisc (MD) is a “disc-based data storage device for storing any kind of data, usually audio. The technology was introduced in 1992. Along with Philips’ Digital Compact Cassette (DCC) system, MiniDisc was targeted as a replacement for analog cassette tapes as the recording system for Hi-Fi equipment. What became a very brief format war ended when DCC was phased out in 1996. MD Data, a version for storing computer data was announced by Sony in 1993, but it never gained significant ground, so today MDs are used primarily for audio storage.” (Minidisc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/Minidisc>) A hard disk (or “hard disc” or “hard drive” or “hard disk drive”) is “a computer storage device, that uses rigid rotating platters. It stores and retrieves digital data from a planar magnetic surface. Information is written to the disk by transmitting an electromagnetic flux through an antenna or write head that is very close to a magnetic material, which in turn changes its polarization due to the flux. The information can be read back in a reverse manner, as the magnetic fields cause electrical change in the coil or read head that passes over it.” (Hard Disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/Hard_disk>) A floppy disk is “a data storage device that comprises a circular piece of thin, flexible (hence “floppy ”) magnetic storage medium encased in a square or rectangular plastic wallet. Floppy disks are read and written by a floppy disk drive or FDD.” (Floppy disc. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/Floppy_disk>) The Zip drive is “a removable disk storage system, introduced by the Iomega company in late 1994.” In the Zip system, “a set of read/write heads mounted on a linear actuator flies over a rapidly spinning floppy disk mounted in a sturdy cartridge, and a simplified drive design that reduced its overall cost. This resulted in a disk that has all of the 3.5” floppy’s convenience, but holds much more data, with performance that is much quicker than a standard floppy drive.” (Zip drive. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http:// en.wikipedia.org/wiki/Zip_drive>) Holographic storage uses two laser beams, a reference and a data beam to create an interference pattern at a

medium where the two beams intersect. This intersection causes a stable physical or chemical change which is stored in the medium. This is the write sequence. During reading, the action of the reference beam and the stored interference pattern in the medium recreates this data beam which may be sensed by a detector array. The medium may be a rotating disk containing a polymeric material, or an optically sensitive single crystal. Since it involves no moving parts, holographic data storage will be far more reliable than existing hard disk technologies. IBM has already demonstrated the possibility of holding 1GB of data in a crystal the size of a sugar cube and of data access rates of one trillion bits per second. (Holographic Data Storage System (HDSS). Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/HDSS>) 37 CompactFlash (CF) was originally a type of data storage device, used in portable electronic devices. As a storage device, it typically uses flash memory in a standardized enclosure, and was first specified and produced by SanDisk Corporation in 1994. CF devices are used in handheld and laptop computers (which may or may not take larger formfactor cards), digital cameras, and a wide variety of other devices, including desktop computers. As of 2004, CompactFlash cards are available in capacities from about 8 megabytes to about 8 gigabytes. (CompactFlash. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/CompactFlash>) 38 Memory Stick is “a format for removable flash memory data storage devices, created by Sony in October 1998 as an alternative to CompactFlash, Secure Digital, Multi Media Card, and SmartMedia for use in their own devices. While Sony uses the format almost exclusively, it has not proved popular with other manufacturers. Poor sales and adoption have forced Sony to license the technology to other makers, leading to a small drop in prices. The original Memory Stick interface could only address 128 MB of memory physically due to design flaws. This led to the introduction of Memory Stick PRO variant with faster transfer speeds and a capacity of 256 MB and higher. Sony is slowly phasing out the old purple and white Memory Sticks, replacing them with comparable technology based on the MS PRO specs.” (Memory stick. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Memory_stick>) 39 Secure Digital (or SD), is “a flash memory data storage device based on

Toshiba’s earlier Multi Media Cards (MMC). Measuring 32mm by 24mm by 2.1mm, SD is slightly thicker, and includes features that allow the secure exchange of data, enabling usage restrictions such as copyright protection. As of October 2004, SD is the most popular flash memory format, having overtaken the older and larger Compact Flash. PDA devices such as Pocket PCs and Palm-powered devices frequently feature SD slots. PalmOne, HP Dell, , Toshiba, and other PDA manufacturers have made SD a standard on all of their PDAs. SD is fairly well supported in the digital camera industry as well, used in all Kodak cameras. A smaller version of the SD card has been developed. The miniSD card measures 21.5mm by 20mm by 1.4mm and is backwardcompatible with the SD card via an adapter. Currently available capacities (as of December 2004) range up to 512 MB. It can be use with Kodak Easyshare and similar SD compatible cameras.” (Secure Digital Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Secure_Digital_Card>) 40 A Multi Media Card (MMC) is a solid state disk or flash memory data storage device. It is based on Toshiba’s NANDbased flash memory, and is therefore much smaller than earlier systems based on Intel NOR-based memory such as Compact Flash. MMC is about the size of a postage stamp: 24mm x 32mm x 1.5mm. MMC is a popular storage medium for very small electronic devices, like mobile phones, PDAs and digital audio players (MP3 players). It comes in 16MB, 32MB, 64MB, 128MB, 256MB, 512MB, and 1GB sizes as of 2004. Most of the Nokia smartphones in 2004 use a smaller version of MMC cards called Reduced Size MMC, or RS-MMC. They are half the height of a normal MMC card: 24mm x 16mm x 1.5mm.” (Multi Media Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Multi_Media_Card>) 41 SmartMedia is “a trademark of Toshiba Corp. for flash memory. SmartMedia cards provide mobile data storage in a small interchangeable format. Originally named Solid State Floppy Disk Card (SSFDC), a SmartMedia card consists of a single NAND flash EEPROM chip embedded in a thin plastic card. It can be used for storage in many digital systems including PDAs, Olympus digital cameras, pagers and MP3 digital music players. SmartMedia cards are limited to 128MB. The format has been superseded by the smaller and higher capacity XD-Picture Card format. Nevertheless, major manufacturers continue to produce SmartMedia cards

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as of 2004 due to the large number of users.” (SmartMedia. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/SmartMedia>) xD-Picture Card is “a format of flash memory data storage device developed and introduced to the market in July 2002 by Olympus and Fujifilm, and manufactured by the Toshiba Corporation. xD cards are designed for the digital photography market, and are an alternative to and competitor of formats such as Compact Flash (CF), Sony Memory Sticks, and microdrives. xD-Picture Cards are available in a range of sizes, from 16 MB to 512 MB. Fujifilm’s marketing department note that the name “xD-Picture Card” was inspired by the phrase “eXtreme Digital”. (XD-Picture Card. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/XDPicture_Card>) A keydrive is “a small removable data storage device that uses flash memory and a USB connector. Keydrives are also known as keychain drive, pen drive, pocket drive, thumb drive, jump drive, USB flash drive, USB flash memory drive, USB key, USB memory key, USB stick, Piripicho (primarily in Spanish), and Kikinou (primarily in French) Keydrives are typically small, lightweight devices, around 50 mm long and weighing only around 100 grams. A keydrive consists of a small printed circuit board encased with a robust plastic casing, making the drive sturdy enough to be carried around in a pocket, as a keyfob, or on a lanyard around the owner’s neck. Only the USB connector protrudes from this plastic protection, and this is often covered by a removable plastic cap. Keydrives are active only when powered by a connection to a computer, and require no external power source or battery power when not in use.” (Keydrive. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/ http://en.wikipedia.org/wiki/ Keydrive>) Personal digital assistants (PDAs or palmtops) are “handheld devices that were originally designed as personal organizers, but became much more versatile over the years. A basic PDA usually includes a clock, date book, address book, task list, memo pad and a simple calculator. One major advantage of using PDAs is their ability to synchronize data with desktop, notebook and desknote computers.” (Personal Digital Assistant. Wikipedia, the free encyclopedia. Retrieved 16 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Personal_digital_assistant>) Multimedia Messaging System (MMS) is

“the logical evolution of the Short Message Service (SMS), a text-only messaging system for mobile networks. MMS-enabled mobile phones enable subscribers to compose and send messages with one or more multimedia (digital photos, audio, video) parts. Mobile phones with built-in or attached cameras, or with built-in MP3 players are very likely to also have an MMS messaging client — a software program that interacts with the mobile subscriber to compose, address, send, receive, and view MMS messages.” (Multimedia Messaging System. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Multimedia_Messaging_System>) 46 Certain MMS-enabled mobile phones have palmtop capabilities – the so-called converged mobile devices – such as Sony Ericsson’s P910 series, P802, and R380 series phone models, among others; and Nokia’s 9500 Communicator, 9300, and 9210i Communicator phone models, among others. Nokia claims to have adopted the Series 60 platform, away from the conventional palmtop technology. Nokia claims that Series 60 is a feature rich software platform for smartphones with advanced data capabilities, inasmuch as the platform has a ready-made user interface that can be adapted to suit different needs, and a rich set of applications, and a common user interface components and development tools for implementing new applications. Nokia implemented Series 60 in its 7710, 6681, 6680, 6670, and 6630 Smartphone models, among others, and licensed it to other phone manufacturers such as LG Electronics, Lenovo, Panasonic, Samsung, Sendo and Siemens. Sony Ericcson’s and Nokia’s websites are available as http://www. sonyericsson.com, and http:// www.nokia.com, respectively. 47 A digital audio player (DAP) is “a device that stores, organizes and plays digital music files. It is more commonly referred to as an MP3 player (because of that format’s ubiquity), but DAPs often play many additional file formats. Some formats are proprietary, such as MP3, Windows Media Audio (WMA), and Advanced Audio Codec (AAC). Some of these formats also may incorporate digital rights management (DRM), such as WMA DRM, which are often part of paid download sites. Other formats are patent-free or otherwise open, such as Vorbis, FLAC, and Speex (all part of the Ogg open multimedia project).” One of the most popular models was Diamond Multimedia’s PMP300 introduced in 1998, which popularized DAPs. The current market leader is Apple’s iPod. Other models include those of Dell (Digital Jukebox), Creative (Nomad/

Zen), and IRiver. (Digital Audio Player. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Digital_audio_player>) 48 The personal video recorder (PVR), also called digital video recorder (DVR), is a consumer electronics device that records television shows to a hard disk in digital format. Many models are now also offering the facility to record onto DVDs.” This makes the “time shifting” feature much more convenient, and also allows for “trick modes” such as pausing live TV, instant replay of interesting scenes, and skipping advertising. Most PVR recorders use the MPEG format for encoding analog video signals. The most popular PVRs on the market are the TiVo and DNNA’s ReplayTV, although most home electronics manufacturers – such as Panasonic, Philips, Pioneer, and Samsung – now offer models. Many satellite and cable companies are incorporating PVR functions into their set-top boxes. (Personal Video Recorder. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Personal_video_recorder>) TiVo and DNNA’s ReplayTV websites are available as http://www.tivo.com and http://www.replaytv.com, respectively. 49 Bayonet Neill-Concelman is “a type of RF connector used for terminating coaxial cable. The BNC connector is one of a larger class of “bayonet connectors”, named after the resemblance to the standard twist-on attachment for a bayonet. It was commonly used on 10base2 thin Ethernet networks, both on cable interconnections and network cards.” (BNC Connector. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/ BNC_connector>) 50 A local area network is “a computer network that spans a relatively small area. Most LANs are confined to a single building or group of buildings. Most LANs connect workstations and personal computers. Each node (individual computer ) in a LAN has its own CPU with which it executes programs, but it also is able to access data and devices anywhere on the LAN. This means that many users can share expensive devices, such as laser printers, as well as data. There are many different types of LANs Ethernets being the most common for PCs. Most Apple Macintosh networks are based on Apple’s AppleTalk network system, which is built into Macintosh computers.” (What is local-area network? - A Word Definition From the Webopedia Computer Dictionary. A word definition from the Webopedia Computer Dictionary. Retrieved 10 February 2005. http:// w w w. w e b o p e d i a . c o m / T E R M / l /

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local_area_network_LAN.html. www.webopedia.com. Copyright, 2004 Jupitermedia. All rights reserved.) 51 In general, a hub is a centre point; and specifically in computing, a hub is “a computer networking device that connects multiple Ethernet segments together making them act as a single segment. When using a hub, every attached device shares the same broadcast domain and the same collision domain. Therefore, only one computer connected to the hub is able to transmit at a time. Depending on the network topology, the hub provides a basic level 1 OSI model connection among the network objects (workstations, servers, etc). It provides bandwidth which is shared among all the objects, compared to switches, which provide a dedicated connection between individual nodes.” (Hub. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/Hub>) 52 A router is “a computer networking device that forwards data packets toward their destinations through a process known as routing. Routing occurs at layer 3 of the OSI seven-layer model. Routing is most commonly associated with the Internet Protocol, although other lesspopular routed protocols remain in use. In recent times many routing functions have been added to LAN switches, creating “Layer 2/3 Switches” which route traffic at near wire speed. Routers are also now being implemented as Internet gateways, primarily for small networks like those used in homes and small offices. This application is mainly where the Internet connection is an always-on broadband connection like cable modem or DSL. These are not “routers” in the true sense, but the terminology has been confused with network address translation.” (Router. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Router>) 53 Universal Serial Bus (USB) provides a serial bus standard for connecting devices, usually to a computer, but it also is in use on other devices such as set-top boxes, game consoles and PDAs. A USB system has an asymmetric design, consisting of a host controller and multiple devices connected in a treelike fashion using special hub devices. There is a limit of 5 levels of branching hubs per controller. Up to 127 devices may be connected to a single host controller, but the count must include the hub devices as well. A modern computer likely has several host controllers so the total useful number of connected devices is beyond what could reasonably be connected to a single computer. There is no need for a terminator on any USB bus, as there is

for SCSI and some others. USB can connect peripherals such as mice, keyboards, scanners, digital cameras, printers, hard disks, and networking components. For multimedia devices such as scanners and digital cameras, USB has become the standard connection method. For printers, USB has also grown in popularity and started displacing parallel ports because USB makes it simple to add more than one printer to a computer. As of 2004 there were about 1 billion USB devices in the world. (Universal serial bus. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/ Universal_serial_bus>) 54 A system of LANs connected in such a manner is called a wide-area network (WAN). (What is local-area network? A Word Definition From the Webopedia Computer Dictionary. A word definition from the Webopedia Computer Dictionary. Retrieved 10 February 2005. http://www.webopedia.com/TERM/l/ local_area_network_LAN.html. www.webopedia.com. Copyright, 2004 Jupitermedia. All rights reserved.) 55 An intranet is “a local area network (LAN) used internally in an organization that is sometimes access restricted. Sometimes the term refers only to the most visible service, the internal web site. The same concepts and technologies of the Internet such as clients and servers running on the Internet protocol suite are used to build an intranet. HTTP and other internet protocols are commonly used as well, especially FTP and email. There is often an attempt to use internet technologies to provide new interfaces with corporate ‘legacy’ data and information systems. There does not necessarily have to be any access from the organisations’s internal network to the internet itself. Where there is, there will be a firewall with a gateway through which all access takes place. (Intranet. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Internet_Relay_Chat>) 56 A bulletin board system (BBS) is a “computer system running software that allows users to dial into the system over a phone line and, using a terminal program, perform functions such as downloading software and data, uploading data, reading news, and exchanging messages with other users.” It was the precursor to the modern form of the World Wide Web (WWW) and other aspects of the Internet, and was popular from the late 1970s to the late 1990s. (Bulletin Board System. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http:/ /en.wikipedia.org/wiki/ Bulletin_board_system>)

57 HTTP (for HyperText Transfer Protocol) is “the primary method used to convey information on the World Wide Web. The original purpose was to provide a way to publish and receive HTML pages. Development of HTTP was co-ordinated by the World Wide Web Consortium and working groups of the Internet Engineering Task Force, culminating in the publication of a series of RFCs, most notably RFC 2616, which defines HTTP/ 1.1, the version of HTTP in common use today. HTTP differs from other TCP-based protocols, in that connections are usually terminated once a particular request (or related series of requests) has been completed. This design makes HTTP ideal for the World Wide Web, where pages regularly link to pages on other servers.” (HTTP. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/HTTP>) 58 The World Wide Web (“WWW”, or simply “Web”) is “an information space in which the items of interest, referred to as resources, are identified by global identifiers called Uniform Resource Identifiers (URI, the superset of the more commonly-known Uniform Resource Locator [URL] used for website addressing).” The Web is made up of three standards: The Uniform Resource Locator (URL), which specifies how each page of information is given a unique “address” at which it can be found; Hyper Text Transfer Protocol (HTTP), which specifies how the browser and server send the information to each other, and Hyper Text Markup Language (HTML), a method of encoding the information so it can be displayed on a variety of devices. (World Wide Web. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/World_wide_web>) 59 Post Office Protocol version 3 (POP3) is an application layer Internet standard protocol used to retrieve email from a remote server to a local client over a TCP/IP connection. Nearly all individual Internet service provider email accounts are accessed via POP3. POP3 and its predecessors are designed to allow end users with intermittent connections such as dial-up connections to retrieve email when connected, and then to view and manipulate the retrieved messages without needing to stay connected. Although most clients have an option to leave mail on server, email clients using POP3 generally connect, retrieve all messages, store them on the user’s PC as new messages, delete them from the server, and then disconnect. In contrast, the newer, more capable IMAP email retrieval protocol supports both connected and disconnected modes of operation. Email clients using IMAP generally leave messages on the server

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until the user explicitly deletes them. (Post Office Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Post_Office_Protocol>) The Internet Message Access Protocol (commonly known as IMAP, and previously called Interactive Mail Access Protocol) is an application layer Internet protocol used for accessing email on a remote server from a local client. IMAP and POP3 (Post Office Protocol version 3) are the two most prevalent Internet standard protocols for email retrieval. Both are supported by virtually all modern email clients and servers, although in some cases in addition to vendor-specific, typically proprietary, interfaces. (Internet Message Access Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Internet_Message_Access_Protocol>) Simple Mail Transfer Protocol (SMTP) is the de facto standard for email transmission across the Internet. SMTP is a relatively simple, text-based protocol, where one or more recipients of a message are specified (and in most cases verified to exist) and then the message text is transferred. Since this protocol started out as purely ASCII textbased, it did not deal well with binary files. Standards such as MIME were developed to encode binary files for transfer through SMTP. Today, most SMTP servers support the 8BITMIME extension, permitting binary files to be transmitted almost as easily as plain text. (Simple Mail Transfer Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Simple_Mail_Transfer_Protocol>) The File Transfer Protocol (FTP) is “a software standard for transferring computer files between machines with widely different operating systems. It belongs to the application layer of the Internet protocol suite. FTP is an 8-bit client-server protocol, capable of handling any type of file without further processing, such as MIME or Uuencode. However, FTP has extremely high latency; that is, the time between beginning the request and starting to receive the required data can be quite long, and a sometimes-lengthy login procedure is required.” (File Transfer Protocol. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ File_transfer_protocol>) Usenet is “a distributed Internet discussion system that evolved from a general purpose UUCP (Unix to Unix Copy Protocol) network of the same name. Users read and post e-mail-like

messages (“articles”) to a number of distributed newsgroups, categories that resemble bulletin board systems in most respects. Newsgroups are often arranged into hierarchies, theoretically making it simpler to find related groups. The term top-level hierarchy refers to the hierarchy defined by the prefix prior to the first dot. The most commonly known hierachies are the usenet hierarchies. So for instance newsgroup rec.arts.sf.starwars.games would be in the rec.* top-level usenet hierarchy, where the asterisk (*) is defined as a wildcard character. There were seven original major hierarchies of usenet newsgroups, known as the “Big 7”: (1) comp.*—Discussion of computer-related topics, (2) news.*—Discussion of Usenet itself, (3) sci.*—Discussion of scientific subjects, (4) rec.*—Discussion of recreational activities (e.g. games and hobbies), (5) soc.*—Socialising and discussion of social issues, (6) talk.*— Discussion of contentious issues such as religion and politics, and (7)misc.*— Miscellaneous discussion—anything which doesn’t fit in the other hierarchies. (Usenet, and Newsgroups. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/Usenet> and < http://en.wikipedia.org/wiki/ Newsgroup>, respectively.) 64 Internet Relay Chat (IRC) is a form of instant communication over the Internet. It is mainly designed for group (one-tomany) communication in discussion forums called channels, but also allows one-to-one communication. IRC is an open protocol that uses TCP and optionally SSL. An IRC server can connect to other IRC servers to expand the IRC network. Users access IRC networks by connecting a client to a server. There are many client and server implementations. Most IRC servers do not require users to log in, but a user will have to set a nickname before being connected. IRC is a plaintext protocol, which means that it is fully possible (though quite inconvenient) to use IRC via a basic byte-stream client such as netcat or telnet. However, the protocol only uses a slightly modified version of ASCII, and does not originally provide any support for non-ASCII characters in text, with the result that many different, incompatible character encodings (such as ISO 8859-1 and UTF-8) are used. (Internet Relay Chat. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Internet_Relay_Chat>) 65 An instant messenger is “a computer application which allows instant text communication between two or more people through a network such as the Internet. An instant messenger is a client which hooks up to an instant messaging

service. Instant messaging differs from e-mail in that conversations happen in realtime. Also, most services convey an “online status” between users, such as if a contact is actively using the computer. Generally, both parties in the conversation see each line of text right after it is typed (line-by-line), thus making it more like a telephone conversation than exchanging letters. Instant messaging applications may also include the ability to post an away message, the equivalent of the message on a telephone answering machine. Popular instant messaging services on the public Internet include Jabber, AOL Instant Messenger, Yahoo! Messenger, .NET Messenger Service and ICQ. These services owe many ideas to an older (and still popular) online chat medium known as Internet Relay Chat (IRC).” (Instant messenger. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Instant_messenger>) 66 A peer-to-peer (or P2P) computer network is “any network that does not rely on dedicated servers for communication but instead mostly uses direct connections between clients (peers). A pure peer-to-peer network does not have the notion of clients or servers, but only equal peer nodes that simultaneously function as both “clients” and “servers” to the other nodes on the network. This model of network arrangement differs from the clientserver model where communication is usually relayed by the server.” File sharing networks such as FastTrack, FreeNet, GNUtella, and OpenNap are examples of peer-to-peer networks. Other examples are those of Applejuice (which includes Applejuice Client), BitTorrent (which includes ABC, Azureus, BitAnarch, BitComet, BitSpirit, BitTornado, BitTorrent, BitTorrent++, BitTorrent.Net, G3 Torrent, mlMac, MLDonkey, QTorrent, SimpleBT, Shareaza, TomatoTorrent, and TorrentStorm), CAKE (which includes BirthdayCAKE), Direct Connect (which includes BCDC++, CZDC++, DC++, NeoModus Direct Connect, and JavaDC), eDonkey (which includes aMule, eMule, LMule, MindGem, MLDonkey, mlMac, Shareaza, and xMule), ed2k or eDonkey 2000 (which includes eDonkey, and eMule), FastTrack (which includes giFT, Grokster, iMesh, Kazaa, Kazaa Lite, K++, Diet Kaza, CleanKazaa, Mammoth, MLDonkey, mlMac, and Poisoned), Freenet (which includes Entropy, Freenet, and Frost), Gnutella (which includes Acquisitionx, BearShare, Gnucleus, Grokster, gtkgnutella, Limewire, MLDonkey, mlMac, Morpheus, Phex, Poisoned, Swapper, Shareaza, and XoloX), Gnutella2 (which

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includes Adagio, Gnucleus, MLDonkey, mlMac, Morpheus, and Shareaza), Joltid PeerEnabler (which includes Altnet, Bullguard, Joltid, Kazaa, and Kazaa Lite), Kademlia (which includes eMule, MindGem, MLDonkey, and VarVar), Manolito/MP2P (which includes Blubster, Piolet, and RockItNet), Napster (which includes Napigator, OpenNap, and WinMX), WPNP (which includes WinMX), among other networks (including Akamai, Alpine, Ares Galaxy, Audiogalaxy network, Carracho, Chord, The Circle, Coral, Dexter, Diet-Agents, EarthStation 5, Evernet, FileTopia, GNUnet, Grapevine, Groove, Hotwire, iFolder, konspire2b, MUTE, and OpenFT). (Peer-to-peer. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/Peer-to-peer>) 67 AirPort is “a wireless networking protocol from Apple Computer designed for both Macintosh and PC computers. It is based on the IEEE 802.11b (also known as WiFi) standard and has been certified to be compatible with other 802.11b devices. According to Apple, AirPort is capable of speeds up to 11 megabits per second and distances of 150 feet from the base station. The current version support encryption up to 128 bits. AirPort Extreme is the new generation of AirPort, and is based on the IEEE 802.11g specification, and is fully compatible with all 802.11b and 802.11g devices, with speeds up to 54 megabits per second.” (AirPort. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. < http:// en.wikipedia.org/wiki/AirPort>) 68 IEEE 802.11 (or Wi-Fi) “denotes a set of Wireless LAN standards developed by working group 11 of IEEE 802. The term is also used to refer to the original 802.11, which is now sometimes called ‘802.11legacy.’ The 802.11 family currently includes six over-the-air modulation techniques that all use the same protocol, the most popular (and prolific) techniques are those defined by the a, b, and g amendments to the original standard; security was originally included, and was later enhanced via the 802.11i amendment. Other standards in the family (c–f, h–j, n) are service enhancement and extensions, or corrections to previous specifications. 802.11b was the first widely accepted wireless networking standard, followed (somewhat counterintuitively) by 802.11a and 802.11g. 802.11b and 802.11g standards use the unlicensed 2.4 GHz band. The 802.11a standard uses the 5 GHz band. Operating in an unregulated frequency band, 802.11b and 802.11g equipment can incur interference from microwave ovens, cordless phones, and other appliances using the same 2.4 GHz band.” (IEEE

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802.11. Wikipedia, the free encyclopedia. Retrieved 10 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/IEEE_802.11>) HomeRF operates at the 2.4 GHz Industrial, Scientific, and Medical (ISM) band. It supports all CLASS features such as caller ID, call waiting, call forwarding, and distinctive ringing allowing it to support standard phone features that users are familiar with. HomeRF supports up to 8 toll-quality voice connections, 8 priority-based multimedia streams, and access to data at a rate of 10 Mb/s in version 1.0 of the standard and as high as 20 Mb/s in version 2.0 of the standard. Transmission range is about 100 meters but can be extended at the cost of the data rate. HomeRF also supports low power modes and secure communications using 128 bit encryption against eavesdroppers and denial of service attacks. (HomeRF Overview. <http://nesl.ee.ucla.edu/courses/ ee206a/2001s/homeworks/ hw1_submits/vadim/hw1_p2.htm> Bluetooth is “an industrial specification for wireless personal area networks (PANs) first developed by Ericsson, later formalized by the Bluetooth Special Interest Group (SIG), which was established by Sony Ericsson, IBM, Intel, Toshiba and Nokia, and joined by other companies.” Bluetooth is “a wireless radio standard primarily designed for low power consumption, with a short range (up to 10 meters and with a lowcost transceiver microchip in each device. It can be used to wirelessly connect peripherals like printers or keyboards to computers, or to have PDAs communicate with other nearby PDAs or computers. The standard also includes support for more powerful longer-range devices suitable for constructing a wireless LAN. Every Bluetooth device can simultaneously maintain up to 7 connections, but only one active connection at the time. These groups (maximum of 8 devices: 1 host and 7 slaves) are called piconets. The Bluetooth specification also enables the possibility to connect two piconetworks together, with one master device acting as a bridge. These devices have yet to come, though are supposed to appear within the next two years. Every device can be configured to constantly announce its presence to nearby devices in order to establish a connection. It is also possible to password protect a connection between two devices so that no one can listen in.” (Bluetooth. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Bluetooth>) Ibid. Ethernet is “a frame-based computer networking technology for local area networks (LANs). It defines wiring and

signaling for the physical layer, and frame formats and protocols for the media access control (MAC)/data link layer of the OSI model. Ethernet is mostly standardized as IEEE’s 802.3. It has become the most widespread LAN technology in use during the 1990s to the present, and has largely replaced all other LAN standards such as token ring, FDDI, and ARCNET.” (Ethernet. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Ethernet>) 73 Infrared (IR) radiation is “electromagnetic radiation of a wavelength longer than visible light, but shorter than microwave radiation. Infrared radiation spans three orders of magnitude and has wavelengths between 700 nm and 1 mm.” IR data transmission is “employed in short-range communication among computer peripherals and personal digital assistants. These devices usually conform to standards published by IrDA, the Infrared Data Association. Remote controls and IrDA devices use infrared light-emitting diodes (LEDs) to emit infrared radiation which is focused by a plastic lens into a narrow beam. The beam is modulated, i.e. switched on and off, to encode the data. The receiver uses a silicon photodiode to convert the infrared radiation to an electric current. It responds only to the rapidly pulsing signal created by the transmitter, and filters out slowly changing infrared radiation from ambient light.” (Infrared. Wikipedia, the free encyclopedia. Retrieved 11 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Infrared>) 74 In computing, JPEG is a commonly used standard method of compressing photographic images. The file format which employs this compression is commonly also called JPEG; the most common file extensions for this format are .jpeg, .jfif, .jpg, .JPG, or .JPE although .jpg is the most common on all platforms. The name stands for Joint Photographic Experts Group. JPEG itself specifies only how an image is transformed into a stream of bytes, but not how those bytes are encapsulated in any particular storage medium. A further standard, created by the Independent JPEG Group, called JFIF (JPEG File Interchange Format) specifies how to produce a file suitable for computer storage and transmission (such as over the Internet) from a JPEG stream. In common usage, when one speaks of a “JPEG file” one generally means a JFIF file, or sometimes an Exif JPEG file. There are, however, other JPEG-based file formats, such as JNG. JPEG/JFIF is the most common format used for storing and transmitting photographs on the World Wide Web. It is not as well suited

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for line drawings and other textual or iconic graphics because its compression method performs badly on these types of images (the PNG and GIF formats are in common use for that purpose; GIF, having only 8 bits per pixel is not well suited for colour photographs, but PNG may have as much or more detail than JPEG). (JPEG. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. < http:// en.wikipedia.org/wiki/JPEG>) 75 GIF (Graphics Interchange Format) is “a bitmap image format that is widely used on the World Wide Web, both for still images and for animations. The format was introduced in 1987 by CompuServe in order to provide a color image format for their file downloading areas, replacing their earlier RLE format which was black and white only. GIF became popular because it used LZW data compression, which was more efficient than the run-length encoding that formats such as PCX and MacPaint used, and fairly large images could therefore be downloaded in a reasonable amount of time, even with very slow modems.” (GIF. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. < http:/ /en.wikipedia.org/wiki/Gif>) 76 .BMP or .DIB (device-independent bitmap) is a bitmapped graphics format used internally by the Microsoft Windows graphics subsystem (GDI), and used commonly as a simple graphics file format on that platform. Images are generally stored with a color depth of 2 (1-bit), 16 (4-bit), 256 (8-bit), 65,536 (16bit), or 16.7 million (24-bit). An alpha channel (for transparency) may be stored in a separate file, where it is similar to a greyscale image. 8-bit images can also be greyscale instead of color. BMP files are usually not compressed, so they are typically much larger than compressed image file formats for the same image. The typical true-color bitmap size in bytes can be calculated as: (width in pixels)×(height in pixels)×3. So an 800×600 image will occupy almost 1.5 megabytes. As such they are generally unsuitable for transferring images on the Internet or other slow or capacity-limited media. Compressed imaged employ RLE algorithm. (Windows Bitmap. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/BMP>) 77 PNG (Portable Network Graphic), sometimes pronounced as “ping”, is a relatively new bitmap image format that is becoming popular on the World Wide Web and elsewhere. PNG was largely developed to deal with some of the shortcomings of the GIF format and allows storage of images with greater color depth and other important information. The motivation for creating the PNG format came in early 1995,

after Unisys announced that it would be enforcing software patents on the LZW data compression algorithm used for GIF . PNG uses a non-patented lossless data compression method known as deflation. This method is combined with prediction, where for each image line, a filter method is chosen that predicts the colour of each pixel based on the colours of previous pixels and subtracts the predicted colour of the pixel from the actual color. An image line filtered in this way is often more compressible than the raw image line would be. On most images, PNG can achieve greater compression than GIF, but some implementations make poor choices of filter methods and therefore produce unnecessarily large PNG files. (PNG. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/PNG>) 78 AVI, an acronym for Audio Video Interleave, is “a file format designed to store both audio and video data in a standard package to allow its simultaneous playback. It was introduced by Microsoft in November 1992, as part of the Video for Windows technology. It is a special case of the Resource Interchange File Format (RIFF), which divides the file’s data up into data blocks called “chunks”. Each “chunk” is identified by a FourCC tag. An AVI file takes the form of a single chunk in an RIFF formatted file, which is then subdivided into two mandatory “chunks” and one optional “chunk”. By way of the RIFF format, the audio/visual data contained in the “movi” chunk can be encoded or decoded by a software module called a codec. The codec translates between raw data and the data format inside the chunk. An AVI file may therefore carry audio/visual data inside the chunks in almost any compression scheme, including: Full Frames (Uncompressed), Intel Real Time Video, Indeo, Cinepak, Motion JPEG, Editable MPEG, VDOWave, ClearVideo / RealVideo, QPEG, MPEG-4, and others.” (AVI. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/Avi>) 79 The Moving Picture Experts Group (MPEG) is a small group charged with the development of video and audio encoding standards. Since its first meeting in 1988, MPEG has grown to include approximately 350 members from various industries and universities. MPEG’s official designation is ISO/IEC JTC1/SC29 WG11. MPEG has standardized the following compression formats and ancillary standards: (1) MPEG-1: Initial video and audio compression standard. Later used as the standard for Video CD, and includes the popular Layer 3 (MP3) audio

compression format. (2) MPEG-2: Transport, video and audio standards for broadcast-quality television. Used for over-the-air digital television ATSC,DVB and ISDB, digital satellite TV services like DirecTV, digital cable television signals, and (with slight modifications) for DVD video discs. (3) MPEG-3: Originally designed for HDTV, but abandoned when it was discovered that MPEG-2 was sufficient for HDTV. (4) MPEG-4: Expands MPEG-1 to support video/audio “objects”, 3D content, low bitrate encoding and support for Digital Rights Management. A new (newer than MPEG-2 Video) higher efficiency video codec is included (an alternative to MPEG-2 Video), see H.264. (5) MPEG7: A formal system for describing multimedia content. The MPEG codecs use lossy data compression using transform codecs. In lossy transform codecs, samples of picture or sound are taken, chopped into small segments, transformed into a frequency space, and quantized. The resulting quantized values are then entropy coded. The moving picture coding systems such as MPEG-1, MPEG-2, and MPEG-4 add an extra step, where the picture content is predicted from past reconstructed images before coding, and only the differences from the reconstructed pictures, and any extra information needed to perform the prediction, are coded. (MPEG. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/MPEG>) 80 Windows Media Video (WMV) is a generic name for the set of streaming video technologies developed by Microsoft. It is part of the Windows Media framework. WMV is not built solely on Microsoft in-house technology. From version 7 (WMV7), Microsoft has used its own non-standard version of MPEG-4. The video stream is often combined with an audio stream of Windows Media Audio. WMV files are customarily played by Windows Media Player on Microsoft Windows and Macintosh systems. Some third-party players also exist, such as MPlayer for Linux, which play back WMV by using the FFmpeg implementation of the WMV codecs. Raw WMV video is packed into an AVI or Advanced Streaming Format (ASF) container. The resulting files may be named .avi if it is an AVI-contained file, or .wmv or .asf if it is an ASF file, but .wmv files are to be ASF files with audio/video content only. WMV is usually found in the AVI file container when encoded with Microsoft’s Windows Media Video 9 VCM software for Windows. Microsoft’s Windows Media Player for the Mac does not support all WMV encoded files since it supports only the ASF file container. (Windows Media Video. Wikipedia, the free encyclopedia. Retrieved 12

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February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/ Windows_Media_Video >) RealMedia is a digital sound (RA) and video (RM) file format that is the registered trademark of RealNetworks. This format is typically used to stream media through the net. It is played with the RealOne player. (Real Media. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. < http://en.wikipedia.org/ wiki/RealMedia>) MP3 (or, more precisely, MPEG-1/2 Audio Layer 3) is “an audio compression algorithm capable of greatly reducing the amount of data required to reproduce audio, while sounding like a faithful reproduction of the original uncompressed audio to most listeners. In the first half of 1995, MP3 files, file representations of MPEG-1 Audio Layer III data, began flourishing on the Internet. Its popularity was mostly due to, and interchangeable with, the successes of companies and software packages like Nullsoft’s Winamp, mpg123 and the now Roxio-owned Napster. MP3 bitrate is 128 kilobits per second (kbit/s), a little inferior to CD quality audio but with a compression ratio of approximately 11:1.” (MP3. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http://en.wikipedia.org/ wiki/MP3>) WAV (or WAVE), short for WAVEform audio format, is a “Microsoft and IBM audio file format standard for storing audio on PCs. It is a variant of the RIFF bitstream format method for storing data in “chunks”, and thus also close to the IFF and the AIFF format used on Macintosh computers. It takes into account some peculiarities of the Intel CPU such as little endian byte order. The RIFF format acts as a “wrapper” for various audio compression codecs. It is the main format used on Windows systems for raw audio. Though a WAV file can hold audio compressed with any codec, by far the most common format is PCM audio data. Since PCM uses an uncompressed, lossless storage method which keeps all the samples of an audio track, professional users or audio experts may use the WAV format for maximum audio quality. WAV audio can also be edited and manipulated with relative ease using software.” (WAV. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http:/ /en.wikipedia.org/wiki/WAV>) Windows Media Audio (WMA) is a proprietary compressed audio file format developed by Microsoft. It was initially a competitor to the MP3 format, but with the introduction of Apple’s iTunes Music Store, it has positioned itself as a competitor to the Advanced Audio Coding format used by Apple. It is part

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of the Windows Media framework. An initial reason for the development of WMA might have been that MP3 technology is patented and has to be licensed from Thomson for inclusion in the Microsoft Windows operating system. A WMA file is almost always encapsulated in an Advanced Systems Format (ASF) file. The resulting file may have the filename suffix “wma” or “asf” with the “wma” suffix being used only if the file is strictly audio. The ASF file format specifies how metadata about the file is to be encoded, akin to the ID3 tags used by MP3 files. ASF is also patented in the United States. Files in this format can be played using Windows Media Player, Winamp (with certain limitations, DSP plugin support and DirectSound output is disabled using the default WMA plugin) and many other alternative media players. The FFmpeg project have reverse-engineered and reimplemented the WMA format to allow its use on POSIX compliant operating systems such as Linux. Windows Media Audio supports digital rights management using a combination of elliptic curve cryptography key exchange, DES block cipher, a custom block cipher, RC4 stream cipher and the SHA-1 hashing function. (Windows Media Audio. Wikipedia, the free encyclopedia. Retrieved 12 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/ Windows_Media_Audio>) Real Media. Supra, see Note 81. Ross, Mark. “Cybersex and the Law.” Brief for the petitioner, William L. Elvert, v. The United States of America. Case No. 96-3342, Pending in the US Supreme Court in 1996. <http:// www.apc.net/maross/Cybersex1.htm> Anderson, Kerby. The Pornographic Plague. Probe Ministries. Supra, see note 4. “Marketing Pornography on the Information Superhighway: A Survey of 917,410 Images, Description, Short Stories and Animations Downloaded 8.5 Million Times by Consumers in Over 2000 Cities in Forty Countries, Provinces and Territories” by Marty Rimm was published in The Georgetown Law Journal. The research project, and the resulting publications – including the Time Magazine article “On a Screen Near You: Cyberporn” by Philip ElmerDewitt, which used the results of Marty Rimm’s research – set off a avalanche of criticism on the manner the study was conducted, the methods used, and the reliability of the data generated. Debunking the results of the Rimm Methodology and the Dewitt article, Donna L. Hoffman and Thomas P Novak . of Vanderbilt University created a comprehensive site, “The Cyberporn Debate” (http://elab.vanderbilt.edu/ research/topics/cyberporn/index.htm).

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93 94

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Even if the accuracy of the results is questioned, Hoffman and Novak admits still that “pornography exists and is transmitted through many media, including cable television, books and magazines, video tapes, private “adult” bulletin boards, the postal mail, computer networks, interactive media like CDROM, fax, and telephone, to name a few.” Anderson, Kerby. Cyberporn. Retrieved from the website of Probe Ministries. < h t t p : / / w w w. l e a d e r u . c o m / o r g s / probe/docs/cybporn.html> Ibid. Ibid. Johnson, Jarvis; Quinn Johnson, Danny Page, and Sekou Richen. Cyberporn. Georgia State University College of Law. Citing the The Meese Commission Report, in 1986, provides evidence that pedophile offenders and child pornographers had begun to use personal computers and computer networks for communication and distribution of materials. See Attorney General’s Commission on Pornography: Final Report, 2 vols. Washington, D.C.: U.S. Government Printing Office, July 1986 [The Meese Commission] at page 629. <http://gsulaw.gsu.edu/lawand/ p a p e r s / f a 0 1 / johnson_johnson_page_richen/> Anderson, Kerby. Cyberporn. Probe Ministries. Supra, note 89. Allen, Kenneth. Cyber-Sex: A Review and Implications of the Situation. Notre Dame Seminary. <http:// home.earthlink.net/~philoska/cyber/> Citing “Definition of ‘Cyber’,” in Cyber Sex Chat Addicts Anonymous (accessed by said author, 27 November 2001 at [ w w w. c y b e r a a . c o m / D e f i n i t i o n / definition.html]; no longer available). Allen, Kenneth. Cyber-Sex: A Review and Implications of the Situation. Notre Dame Seminary. <http:// home.earthlink.net/~philoska/cyber/> Citing René J. Molencamp, Ph.D, and Luisa M. Saffiotti, Ph.D., “The Cybersexual Addiction,” Human Development, Volume 22, Number 1, Spring 2001 ( Chicago : Jesuit Educational Center for Human Development, 2001) 5-6. Leaño , Peter James V . What ’s Happening: UPCIDS-PST conducts Rapid Appraisal of Child Pornography in the Philippines. June 2004. Retrieved 8 January 2005 from Child Protection in the Philippines. <http:// w w w. c h i l d p r o t e c t i o n . o r g . p h / w h a t s h a p p e n i n g / whtbits1_mayjun04%5B1%5D.html> See the case of United States vs. Stephen A. Knox, decided by the United States Court of Appeals for the Third Circuit, No. 92-7089. See FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code. < h t t p : / / l a w s . f i n d l a w. c o m / 3 r d /

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940734p.html> 98 See the case of Ashcroft, Attorney Gerneral, et. al. vs. Free Speech Coalition. et. al. decided by the Supreme Court of the United States. 535 U.S. 234 (2002) See the Legal Information Institute of the Cornell University Law School, Ashcroft vs. Free Speech Coalition. < http://supct.law.cornell.edu/supct/ html/00-795.ZS.html> 99 Child erotica is “any material relating to children that serves a sexual purpose for a given individual.” Kenneth V. Lanning, Child Molesters: A Behavioural Analysis 26 (1992). 100 Child Pornography. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http:// en.wikipedia.org/wiki/ Child_pornography> 101 Schuijer, Jan and Benjamin Rossen. “The Trade in Child Pornography”. Retrieved 15 January 2005 from IPT Journal, Institute for Psychological Therapies. < h t t p : / / w w w. i p t - f o r e n s i c s . c o m / journal/volume4/j4_2_1.htm> 102 Pret Art. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http:// en.wikipedia.org/wiki/Pret_art> 103 Child Pornography: An International Perspective; citing U.S. Senate Report; Kenneth V. Lanning, Child Molesters: A Behavioural Analysis, 10-12. Retrieved 8 January 2005 from Computer Crime Research Center. <http:// www.csecworldcongress.org/PDF/en/ Stockholm/Background_reading/ T h e m e _ p a p e r s / Theme%20paper%20Pornography%20 1996_EN.pdf> 104 See the case of Hustler Magazine vs. Falwell, decided by the Supreme Court of the United States (485 U.S. 46). See the Legal Information Institute of the Cornell University Law School, Ashcroft vs. Free Speech Coalition. < http:// supct.law.cornell.edu/supct/html/ h i s t o r i c s / USSC_CR_0485_0046_ZS.html> 105 See the case of Pita vs. Court of Appeals. Supra, note 9. 106 Child Pornography. Wikipedia, the free encyclopedia. Supra, note 100. 107 Section 3(e) of RA 9208. Supra, note 3. 108 Sex Tourism. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http:// en.wikipedia.org/wiki/Sex_tourism> 109 Section 3(f), RA 9208. Supra, see note 3. 110 Sexual Abuse. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http:// en.wikipedia.org/wiki/Sexual_abuse > 111 Pedophilia. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http:// en.wikipedia.org/wiki/Pedophilia> 112 Infantophilia. Wikipedia, the free encyclopedia. Retrieved 28 December 2004 from Wikipedia. <http://

en.wikipedia.org/wiki/Infantophilia> 113 Carvajal, Nancy. 19 girls rescued from cyber exploitation. 22 January 2005. INQ7.net News. <http:// n e w s . i n q 7 . n e t / m e t r o / index.php?index=1&story_id=25123> 114 Perez, Maria Patricia Anne L., NBI raids suspected internet porn operators. 20 May 2003. i.t. matters. <http:// itmatters.com.ph/news/ news_05202003h.html> 115 Oliva, Erwin Lemuel. Senator to push for stiffer penalties on child porn on Net. 6 February 2005. INQ7.net. <http:// news.inq7.net/infotech/ index.php?index=1&story_id=26636> 116 Perez, Maria Patricia Anne L., NBI raids suspected internet porn operators. Supra, see note 114. 117 No law vs cybersex, PNP laments. 28 January 2005. Asian Journal Online <http://www.asianjournal.com/cgib i n / view_info.cgi?code=00009164&category =TN> 118 Erediano, Arnold. Cybersex dens: Now showing nationwide. 3 February 2005. People’s Tonight. <http:// w w w. j o u r n a l . c o m . p h / news.asp?pid=1&sid=1&nid=20464& month=2&day=3&year=2005> 119 Perez, Maria Patricia Anne L., NBI raids suspected internet porn operators. Supra, see note 114. Also, Cybersex ladies get P1M a month. 23 January 2005. Manila Headlines. <http:// manilaheadline.net/News/01-05/23/ cybersex_ladies_get_p1m_a_month.htm> 120 20 more fall in drive against cybersex in Angeles. 10 November 2004. ABS-CBNNews. <http://www.abs-cbnnews.com/ NewsStory.aspx?section=Provincial&oid =63169> 121 No law vs cybersex, PNP laments. 28 January 2005. Asian Journal Online. <http://www.asianjournal.com/cgib i n / view_info.cgi?code=00009164&category =TN> 122 20 more fall in drive against cybersex in Angeles. Supra, see Note 120. Also Navarro, Chris. “Cops arrest 20 in ‘cybersex’ den raid”. 10 November 2004. Sun Star Network Online <http:// www.sunstar.com.ph/static/net/2004/ 1 1 / 1 0 / cops.arrest.20.in.cybersex.den.raid.html> 123 Cybersex a billion-dollar industry, says Madrigal. 17 January 2005. Prov’l Gov’t of LA UNION Forums citing an undated Philippine Star article. <http:// members.lycos.co.uk/launiongov/ viewthread.php?tid=25> Also Cybersex girls come in the open. 28 January 2005. Manila Headlines. <http://manilaheadline.net/News/010 5 / 2 8 / cybersex_girls_come_in_the_open.htm> 124 Africa, Raymond. Cybersex shop raided. 23 January 2004. Malaya- The National Newspaper. <http://

w w w. m a l a y a . c o m . p h / j a n 2 3 / metro4.htm> Also Carvajal, Nancy. 19 girls rescued from cyber exploitation. Supra, note 113. 125 Cybersex ladies get P1M a month. Supra, see Note 119. Also, Cyber sex den raided in Manila. 23 January 2005. Manila Headlines <http:// manilaheadline.net/News/01-05/22/ cyber_sex_den_raided_in_manila.htm> 126 Cybersex girls come from rich families. 24 January 2005. Manila Headlines <http://manilaheadline.net/News/010 5 / 2 4 / cybersex_girls_come_from_rich_fa.htm> 127 Erediano, Arnold. Cybersex dens: Now showing nationwide. Supra, see Note 118. 128 The original article includes samples of Cybersex (pre-explicit) screenshots. 129 Sex Scandal. Wikipedia, the free encyclopedia. Retrieved 13 February 2005 from Wikipedia. <http:// en.wikipedia.org/wiki/Sex_scandal> 130 Daily Star People and Events. 2003: Sex, bikini scandals rock NegOr. 6 January 2004. The Visayan Daily Star, Electronic edition. <http:// w w w.visayandailystar.com/2004/ January/06/people.htm> 131 FHM, August 2004 issue. Also Greenarcher.net Forums – DLSU Sex Scandal. <http:// g r e e n a r c h e r. y e h e y. c o m / f o r u m s / archive/index.php/t-10736> 132 FHM, August 2004 issue. 133 Ibid. 134 Belen, Crispin. Celebrity World: Ethel Booba’s sex video controversy rages on. The Manila Bulletin Online. <http:// w w w . m b . c o m . p h / ENTR2005021528791.html> 135 Child porn in RP a US$1-B business: senator. Retrieved 8 January 2005 from SunStar Network Online. <http:// www.sunstar.com.ph/static/net/2005/ 01/20/child.porn.in.rp.a.us$1.b. business.senator.html> 136 The case United States v. X-Citement Video, Inc., 513 U. S. 64 (1994), involving the underage American porn actress Traci Elizabeth Lords (real name is Nora Louise Kuzma) provides an illustration. The full text of the US Supreme Court Decision may be found, among others, at FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code. <http:// c a s e l a w. l p . f i n d l a w. c o m / c g i - b i n / getcase.pl?court=us&vol=000&invol= u10337> 137 UNICEF condemns child pornography in the Philippines. Retrieved 8 January 2005 from United Nations Children’s Fund (UNICEF). <http:// www.unicef.org/philippines/archives/ october_04/news/news_2.html>. 138 Philippines. The International Encyclopedia of Sexuality. Retrieved 8 January 2005 from Humboldt-Universität of Berlin. <http://www2.hu-berlin.de/

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sexology/IES/philippines.html> 139 Family and friends push children into prostitution. 11 November 2004. Retrieved 28 December 2004 from AsiaNews (Italy). <http:// w w w . a s i a n e w s . i t / view.php?l=en&art=1884> 140 Leaño , Peter James V . What ’s Happening: UPCIDS-PST conducts Rapid Appraisal of Child Pornography in the Philippines. June 2004. Retrieved 8 January 2005 from Child Protection in the Philippines. <http:// w w w. c h i l d p r o t e c t i o n . o r g . p h / w h a t s h a p p e n i n g / whtbits1_mayjun04%5B1%5D.html> 141 Oliva, Erwin Lemuel G., “Law vs online child porn to be lobbied anew— sources”. 6 July 2004. Retrieved 8 January 2004 from the Philippine Inquirer (INQ7.net). <http:// www.inq7.net/inf/2004/jul/07/inf_11.htm> 142 Cullen, Fr. Shay, SSC. Reflections: Pornography the Root of Sexual Violence. Retrieved 28 December 2004 from People’s Recovery, Empowerment and Development Assistance Foundation, Inc. <http:// www.preda.org/archives/1993-94-9596/r9501221.htm>. The article was first printed 22 January 1995 issue of the Philippine Daily Inquirer. 143 Child Sex Tourism Charges. Retrieved 8 January 2005 from the “End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes (ECPAT)” website. <http:// www.ecpat.org/prosecutions.html> 144 Davies, Nick and Jeevan Vasagar. Global child porn ring broken; Britons face jail after raids on internet paedophiles. Retrieved 28 December 2004 from Guardian Unlimited, Archive search. <http://www.guardian.co.uk/ A r c h i v e / A r t i c l e / 0,4273,4115701,00.html> 145 Child Sex Tourism Charges. ECPAT. Supra, see note 143. 146 News Release. Retrieved 8 January 2005 from the United States Department of Justice. <http://www.usdoj.gov/ criminal/ceos/Press%20Releases/ RussellPR.pdf> 147 SOC-UM – 2003 Updates. Retrieved 8 January 2005 from SOC-UM (Save Our Children).org <http://www.socum.org/updates/updates16.html> 148 ICE Fact Sheet - Child Sex Tourists. Retrieved 24 January 2005 from US Immigration and Customs Enforcement (ICE) of the US Department of Homeland Security. <http://www.ice.gov/ graphics/news/factsheets/ sextourists.htm> 149 Child Sex Tourism Charges. ECPAT. Supra, See Note 143. 150 ICE Fact Sheet - Child Sex Tourists. Supra, see Note 148. 151 Recent News. Child Lust Recovery.org: Recovery from Child Pornography Use.

Retrieved 8 January 2005 from The Institute for Dynamic Living, Inc. <http:/ / w w w. c h i l d l u s t r e c o v e r y. o r g / index.html> 152 Women – 22 September 2004 journal. Retrieved 28 December 2004 from the Senate of the Philippines. <http:// w w w. s e n a t e . g o v. p h / c o m m i t t e e / spot_report/Women%20%20September %2022,%202004%20journal.pdf> 153 Oliva, Erwin Lemuel. Senator to push for stiffer penalties on child porn on Net. Supra, note 115. 154 Article 201, Revised Penal Code, as amended by Presidential Decrees Nos. 960 and 969. 155 Arresto mayor has the duration of one month and one day to 6 months (Paragraph 5, Article 27, Revised Penal Code of the Philippines). 156 Arresto menor has the duration of one day to thirty days (Paragraph 6, Article 27, Revised Penal Code of the Philippines). 157 Prision correccional has the duration of six months and one day to six years (Paragraph 4, Article 27, Revised Penal Code of the Philippines) 158 Article 341, Revised Penal Code, as amended by Batas Pambansa Blg. 186. 159 Article 340, Revised Penal Code, as amended by Batas Pambansa Blg. 92. 160 Section 3(a), RA 9208. Supra, see note 3. 161 Section 10 (a) of Republic Act 9208. Ibid., see Note 3. 162 Section 10 (b) of Republic Act 9208. Ibid., see Note 3. 163 Section 10 (c) of Republic Act 9208. Supra., see Note 3. 164 Section 10 (d) of Republic Act 9208. Supra., see Note 3. 165 Section 10 (e) of Republic Act 9208. Supra., see Note 3. 166 Section 10 (f) of Republic Act 9208. Supra., see Note 3. 167 Section 10 (g) of Republic Act 9208. Supra., see Note 3. 168 Section 10 (h) of Republic Act 9208. Supra., see Note 3. 169 Section 11 of Republic Act 9208. Supra., see Note 3. 170 Republic Act 7610 is entitled :An Act for Stronger Deterrents and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its violation and for Other Purposes.” See the Philippine Laws and Jurisprudence Databank - The Lawphil Project. <http:// www.lawphil.net/statutes/repacts/ ra1992/ra_7610_1992.html>. 171 Libel is defined by Article 353 of the Revised Penal Code as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

172 See Rules on Electronic Evidence (A.M. No. 01-7-01-SC), See the Philippine Laws and Jurisprudence Databank - The Lawphil Project. <http:// www.lawphil.net/courts/supreme/am/ am_01-7-01_2001.html>. 173 Republic Act No. 8792 is entitled “An Act Providing and Use of Electronic Commercial and Non-Commercial Transactions, Penalties for Unlawful Use Thereof, and other purposes.” See the Philippine Laws and Jurisprudence Databank - The Lawphil Project. <http:/ /www.lawphil.net/statutes/repacts/ ra2000/ra_8792_2000.html> 174 Rules of Electronic Evidence. Supra, see Note 172. 175 Soriano, Jaime N. “The Philippine Rules on Electronic Evidence: An Outline.” The Philippine Quarterly IT Law Journal, Volume 1, Number 1, p. 7. 176 Re: Expansion of the Coverage of the Rules on Electronic Evidence. Retrieved 20 February 2005 from Disini and Disini. <http://www.disini.ph/res_sc_am_1-701.html> 177 Binary. Supra, see Note 22. 178 ASCII (American Standard Code for Information Interchange), generally pronounced ass-key, is “a character set and a character encoding based on the Roman alphabet as used in modern English and other Western European languages. It is most commonly used by computers and other communication equipment to represent text and by control devices that work with text. The printable characters in the correct order are !"#$%&'()*+,-./0123456789:;<=> ?@ABCDEFGHIJKLMNOPQRSTUVW XYZ[\]^_'abcdefghijklmnopqrstuvwxyz {|}~ with a blank space in front.” (ASCII. Wikipedia, the free encyclopedia. Retrieved 20 February 2005 from Wikipedia. < http:// en.wikipedia.org/wiki/ASCII>) 179 Guerrero, Michael Vernon M., “’Hacking’ the Mercantile Law Bar Exam Questions.” The Philippine Quarterly IT Law Journal, Volume 1, Number 1, p. 1. 180 See the Convention on the Rights of the Child. Office of the High Commissioner for Human Rights. <http:// w w w. u n h c h r. c h / h t m l / m e n u 3 / b / k2crc.htm>. 181 See the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. Office of the High Commissioner for Human Rights. <http://www.unhchr.ch/html/menu2/ 6/crc/treaties/opsc.htm>. 182 Perez, Maria Patricia Anne. US plans to setup a computer crime Unit in RP 10 . June 2003 i.t. matters. <http:// itmatters.com.ph/news/ news_06102003b.html> 183 Various House Bills have been submitted, currently pending, and aimed to provide necessary legislation relevant to

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pornography, which may well include child pornography 1: * HB01278 (An Act Prohibiting the Publication, Sale or Distribution, Production, Importation and Exhibition of Obscene and Pornographic Materials and the Demonstation, Performance or Exhibition in Public Indecent and Sexual Acts and Providing Penalties for violation thereof) was filed 8 July 2004 by Congressman Emmanuel Joel J. Villanueva, which declares that “it a State policy to safeguard the morality of society, particularly the youth and women, against the eroding influence of immoral doctrines, obscene and pornographic publications and indecent shows. It seeks to prohibit the public demonstration of sexual acts, the distribution, sale and production of pornographic materials and provides penalties for violations.” It is currently pending with the Committee on Public Information since 2 February 2005. * HB02031 (An Act Prohibiting the Publication, Sale, Distribution, Importation and Exhibition of Obscene and Pornographic Materials and the Performance or Exhibition of Indecent Acts in Public and Providing Penalties for violation thereof) was filed 10 August 2004 by Congresswoman Eileen ErmitaBuhain, aiming to prohibit “the following acts: a) the publication, sale, distribution and importation of obscene and pornographic materials; b) the portrayal, depiction, performance and exhibition of any indecent act in public; and c) the coercion of another person to listen, read or view obscene and pornographic materials in public places.” It is currently pending with the Committee on Public Information since 1 February 2005. * HB02887 (An Act Prohibiting and Penalizing the Production, Printing, Publication, Importation, Sale, Distribution and Exhibition of Obscene and Pornographic Movies and Materials, and the Exhibition of Live Sexual Acts, amending for the purpose Article 201 of the Revised Penal Code) was filed 20 September 2004 by Congressman Bienvenido M. Abante Jr., aiming to penalize “the following acts: a) the production, importation, distribution, showing and sale of obscene or pornographic movies; b) the printing, publication, importation, sale or distribution of any magazine or comic book containing obscene or pornographic materials; c) the writing of obscene or

pornographic articles; and d) the performance of live sex acts for public viewing.” It is currently pending with the Committee on Public Information since 2 February 2005. Various House Bills have been submitted, currently pending, and aimed to provide necessary legislation relevant to cybercrimes, which may well include electronically transmitted child pornography 2: * HB00337 (An Act Preventing and Penalizing Computer-Related Crimes, further amending for the purpose Certain Provisions of Act No. 3815, as amended, otherwise known as the Revised Penal Code) was filed on 1 July 2004 by Congresswoman Imee R. Marcos, on the premise that “The proliferation of advanced and stateof-the art technologies necessitates the enactment of laws to regulate human conduct in this fast changing world. The bill seeks to supplement and update the Revised Penal Code (RPC) to cover computer-related offenses which are not much different from crimes classifically punished under the RPC.” It is currently pending with the Committee on Revision of Laws since 27 July 2004. * HB01246 (An Act Preventing and Penalizing Computer Fraud, Abuses and other Cyber-Related Fraudulent Activities, and creating for the purpose the Cyber-Crime Investigation and Coordinating Center, Prescribing its Powers and Functions, and appropriating funds therefor) was filed on 7 July 2004 by Congressman Eric D. Singson, on the premise that “The bill seeks to protect and safeguard the integrity of computers, computer systems, computer networks, computer servers, database, and information and data stores from computer users who resort to computer fraud, abuses and other cyber-related fraudulent activities, by providing penal sanctions to the perpetrators. It creates a coordinating body, the Cyber-Crime Investigation and Coordinating Center (CICC), which shall coordinate, collate and synergize efforts of all law enforcement agencies in combating cyber crimes.” It is currently pending with the Committee on Information Communications Technology since 12 January 2005. 184 Senators alarmed by cybersex business. 25 January 2005. Manila Headlines. <http://manilaheadline.net/News/0105/24/senators_alarmed_by_cybersex_ bus.htm> 185 City to bring to Congress concerns on hidden cams. 11 November 2003.

SunStar Bacolod. <http:// www.sunstar.com.ph/static/bac/2003/ 1 1 / 1 1 / n e w s / city.to.bring.to.congress.concerns.on. hidden.cams.html> 186 The original article includes sample screen shots of pre-explicit materials from various websites featuring Filipina teens. 187 In the United States, the receipt, distribution, or possession of child pornography, which includes the downloading of child pornography from the Internet, is a violation of Title 18, US Code, Section 2252. Persons convicted of child pornography offenses face criminal penalties of up to 15 years in prison, a fine of up to $250,000, or both. ICE Arrests Campus Minister on Child Pornography Violations. Retrieved 8 January 2005 from the US Immigration and Customs Enforcement (ICE) website. <http://www.ice.gov/ graphics/news/newsreleases/articles/ arrest010604.htm> The US Code Title on Obscenity may be found at US Code Collection of the Legal Information Institute of the Cornell University Law School. <http:// assembler.law.cornell.edu/uscode/ h t m l / u s c o d e 1 8 / usc_sup_01_18_10_I_20_71.html>. 188 Present efforts to curb Child Pornography, including proposed legislation in Congress, include: A. * Organizational The Program on Psychosocial Trauma and Human Rights Center for Integrative and Development Studies of the University of the Philippines (UPCIDS-PST) began the Rapid Appraisal of Child Pornography in the Philippines, the purpose of which was to give a comprehensive appraisal of the issue of child pornography in the Philippines. It aimed to consolidate literature that has been written on the issue; investigate how the internet and globalization aid in perpetuating this, and conduct interviews and focus group discussions with key informants from government and nongovernment organizations, the media, electronic commerce practitioners, and actual victims of child pornography. 1 Participating organizations, forming the steering committee for the Child Protection in the Philippines (Philippine Resource Network), include The Advisory Board Foundation, Arci Cultura e Sviluppo, Ateneo Human Rights Center-Adhikain Para Sa Karapatang Pambata, Center for the Prevention and Treatment of Child Sexual Abuse (http:// www.cptcsa.org/), Council for the

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Welfare of Children, Department of Social Welfare and Development ( h t t p : / / w w w. d s w d . g o v. p h / ) , ECPAT-Philippines, Child Protection Unit (http:// www.childprotection.org.ph/), Save the Children (UK) Philippines (www.oneworld.org/scf), UNICEFManila (www.unicef.org/ philippines), and the UP Center for Integrative and Development Studies-Psychosocial Trauma & Human Rights Program. * The Philippine Senate Committee on Youth, Women and Family Relations has provided a spot report on 22 September 2004 pertaining to the issue of Child Pornography and Pedophilia. As an abstract, the report provides “Child Pornography and Pedophilia is long overdue, and although there are already laws to address the same, such as R.A. 7610- Law Against Child Abuse, Exploitation and Discrimination; R.A. 9208 - Anti Trafficking in Persons Act ; and R.A. 9231 – Elimination of All Forms of Child Labor.” 2 Legislation Various House Bills have been submitted, currently pending, and aimed to amend certain provisions of Republic Act 7610, or the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act 3 : * HB00371 (An Act Amending Republic Act No. 7610 otherwise known as the Special Protection of Children against Child Abuse, Exploitation and Discrimination Act, and for other purposes) was filed on 1 July 2004 by Congressman Roseller Barinaga, on the premise that “the cases of child rape and sexual molestation remain unabated despite the enactment of RA 7610. The manner in which government agencies and law enforcement officers handle these cases are outrageous. To correct the situation, the bill seeks to amend RA 7610, as follows: a) cause a mandatory hold departure order for these accused on cases involving children below

12 years old; and b)make law enforcers and government officials criminally culpable for willfully abetting these crimes or causing or assisting in the plight of the accused.” It is currently pending with the Committee on Social Services since 27 July 2004. * HB01296 (An Act amending Republic Act No. 7610 otherwise known as ‘The Special Protection of Children against Child Abuse, Exploitation and Discrimination Act’, and for other purposes) was filed on 8 July 2004 by Congresswoman Darlene Magnolia R. AntoninoCustodio, on the premise that “This bill enumerates additional remedial measures to correct the deplorable manner by which local government and law enforcement officials, as well as members of the justice sector, handle cases of child rape and sexual molestations and child prostitution involving minors below the age of twelve (12). It provides for the issuance of an automatic hold order for those accused to prevent them from fleeing abroad. Furthermore, it imposes the maximum penalty on law enforcers and members of the Judiciary Department found guilty including willfully abetting these crimes or causing or assisting in the plight of those accused.” It is currently pending with the Committee on Social Services since 2 August 2004. HB01961 (An Act seeking to Improve Child Protection against Abuse, Exploitation And Discrimination, amending for the purpose Republic Act No. 7610, as amended by Republic Act No. 7658, otherwise known as the “Special Protection And Discrimination Act”, appropriating Funds therefor and for other purposes) was filed on 30 July 2004 by Congressman Robert Ace S. Barbers, on the premise that

“The bill bans and penalizes the employment of children in all forms of hazardous occupations and aims for “greater participation of local social workers and law enforcers.” Imposes penalties for child pornography through the internet. Mandates the creation of a central data bank to monitor abuses made by foreigners against children and prevent their reentry.” It is currently pending with the Committee on Social Services since 9 August 2004. * HB00731 (An Act Increasing the Penalties for Child Abuse and Exploitation, thereby declaring it as Heinous Crime, amending for the purpose Republic Act No. 7160 as amended, otherwise known as The “Special Protection Of Children Against Child Abuse, Exploitation and Discrimination Act”, and for other purposes) was filed on 1 July 2004 by Congresswoman Judy Syjuco, on the premise that “The bill seeks to impose the penalty of reclusion perpetua TO DEATH for the crimes of child trafficking and child prostitution.” It is currently pending with the Committee on Revision of Laws since 28 July 2004. HB03468 (An Act amending Republic Act No. 7610, as amended, otherwise known as The Special Protection of Children against Child Abuse, Exploitation and Discrimination) was filed on 8 December 2004 by Congresswoman Imee R. Marcos, on the premise that “The bill imposes the penalties of reclusion temporal in its medium term to reclusion perpetua for acts that are either preparatory to or per se amounts to child pornography and prostitution.” It is currently pending with the Committee on Social Services since 14 December 2004.

B. *

*

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[ 26] Lexicon of Cyberlaw Terminology

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[ 27] Goldwyn Case

“Digitally signed” refers to an electronic document or electronic data message bearing a digital signature verified by the public key listed in a certificate. (Section 1[f], Rule 2, Rules on Electronic Evidence) “Electronic signature" refers to any distinctive mark, characteristics and/ or sound in electronic form. Representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedure employed or adopted by a person and executed or adopted by such person with the intention of authenticating, signing or approving an electronic data message or electronic document. For purposes of these Rules, an electronic signature includes digital signatures. (Section 1[j], Rule 2, Rules on Electronic Evidence) “Electronic key” refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key. (Section 1[i], Rule 2, Rules on Electronic Evidence) “Asymmetric or public cryptosystem” means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key for verifying the digital signature. (Section 1[a], Rule 2, Rules on Electronic Evidence)
The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

With respect to their current software distribution and related activities, defendants do not materially contribute to copyright infringement. The software distributors do not provide the ‘site and facilities’ for infringement, and do not otherwise materially contribute to direct infringement. Infringing messages or file indices do not reside on defendants’ computers, nor do defendants have the ability to suspend user accounts. Also as found out, the software distributors here are not access providers, and they do not provide file storage and index maintenance, but rather, it is the users of the software who, by connecting to each other over the internet, create the network and provide the access. Plaintiffs failed to present evidence that defendants materially contribute in any manner. B. Vicarious Infringement Copyright

The elements of direct infringement and direct financial benefit, via advertising revenue, are undisputed in this case. With regard to the right and ability to supervise, it does not appear from the records that either of the defendants has the ability to block access to individual users. Grokster nominally reserves the right to terminate access, while StreamCast does not maintain a licensing agreement with persons who download Morpheus. However, given the lack of a registration and log-in process, even Grokster has no ability to actually terminate access to file sharing functions, absent a mandatory software upgrade to all users that the particular user refuses, or IP address blocking attempts. It is also clear that none of the communication between defendants and users provides a point of access for filtering or searching for infringing files, since infringing material and index information do not pass through defendants’ computers. The sort of monitoring and supervisory relationship that has supported vicarious liability in previous cases is totally absent in this case. Unlike in the case of Napster, Grokster and StreamCast do not operate and design an integrated service.
compressed, FAT 12/16/32, and Linux ext2 & ext3. Supported image formats include: Encase, SMART, Snapback, Safeback (up to but not including v.3), and Linux DD. See http:// www.accessdata.com/ Computer Forensics. Wikipedia, the free encyclopedia. http://en.wikipedia.org/ wiki/Computer_forensics Computer Forensics. DIBS USA Inc. http://www.dibsusa.com/methodology/ methodology.html Hacking is taken herein in its general and legal, and not technical, meaning. The Rules of Electronic Evidence, A. M. No. 01-7-01-SC, approved by the Supreme Court En Banc on 20 July 2001. For an outline of the Rules, see Volume 1, Issue 1, page 7 of the Philippine Quarterly IT Law Journal. An example online tool is available at Anti-fraud.com. See http:// www.antifraud.com/ipcheck.htm

Three elements are required to prove a defendant vicariously liable for copyright infringement: (1) direct infringement by a primary party; (2) a direct financial benefit to the defendant; and (3) the right and ability to supervise the infringers.
<< [ 13] Computer Forensics

“Key Pair ” in an asymmetric cryptosystem refers to the private key and its mathematically related public key such that the latter can verify the digital signature that the former creates. (Section 1[m], Rule 2, Rules on Electronic Evidence) “Private Key” refers to the key of a key pair used to create a digital signature. (Section 1[n], Rule 2, Rules on Electronic Evidence) “Public Key” refers to the key of a key pair used to verify a digital signature. (Section 1[o], Rule 2, Rules on Electronic Evidence)

by creating custom file filters; (2) E-mail & Zip File Analysis, which includes (a) support for Outlook, Outlook Express, AOL, Netscape, Yahoo, Earthlink, Eudora, Hotmail, and MSN e-mail, (b) viewing, searching, printing, and exporting e-mail messages and attachments, (c) Recover deleted and partially deleted e-mail, and (d) Automatically extract data from PKZIP , WinZip, WinRAR, GZIP, and TAR compressed files; (3) Known File Filter™ (KFF™), which (a) Identify and flag standard operating system and program files, (b) Identify and flag known child pornography and other potential evidence files, (c) Includes hash datasets from NIST and Hashkeeper; and (4) Registry Viewer™, which (a) Access and decrypt protected storage data, (b) View independent registry files, (c) Report generation, and (d)Integrates with AccessData's forensic Tools. Supported File formats include NTFS, NTFS

4.

5.

6. 7.

8.

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

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<< [19]P2P: Pirate to Pirate most popular video compression technology. At its core, DivX is a codec (short for compression/decompression) - a piece of software that compresses video from virtually any source down to a size that is transportable over the Internet without reducing the original video’s visual quality. What is DivX? DivXNetworks, Inc. http:// www.divx.com/divx/whatisdivx.php A “denial-of-service” attack is characterized by an explicit attempt by attackers to prevent legitimate users of a service from using that service. Examples include (1) attempts to “flood” a network, thereby preventing legitimate network traffic, (2) attempts to disrupt connections between two machines, thereby preventing access to a service, (3) attempts to prevent a particular individual from accessing a service, and (4) attempts to disrupt service to a specific system or person. CERT/CC Denial of Service. CERT Coordination Center, Software Engineering Institute, Carnegie Mellon University. http:// w w w. c e r t . o r g / t e c h _ t i p s / denial_of_service.html Peer-to-Peer Research at Stanford. Mayank Bawa, Brian F Cooper, Arturo . Crespo, Neil Daswani, Prasanna Ganesan, Hector Garcia-Molina, Sepandar Kamvar, Sergio Marti, Mario Schlosser, Qi Sun, Patrick Vinograd, Beverly Yang of the Computer Science Department, Stanford University. http:/ /dbpubs.stanford.edu:8090/pub/ showDoc.Fulltext?lang=en&doc=200338&format=pdf&compression=

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[10]Modernization of the Courts

unserviceable properties are being made in accordance with rules of the Commission on Audit. The Court is also disposing of old, bulky records of cases that have long been terminated and records of personnel who had long retired. The most ambitious infrastructure project undertaken by the Supreme Court started in 1999 when it began the construction of the Centennial Building, a modern edifice at the corner of Taft Avenue and Padre Faura Streets. The building has seven floors. The foundation and its shell structure was completed in 2001. Immediately thereafter, its Interior-Fit-out started and was finished in May 2002. The Supreme Court Centennial Building now houses the judicial and Bar Council, the PHILJA (Manila Office), the SC Administrative Offices, the Office of the Chief Attorney, the Office of the Reporter, the Program Management Office, the Committee on Halls of Justice, and the Presidential Electoral Tribunal. The need for parking spaces and additional office, prompted the Court to embark on another construction project, i.e., the Supreme Court, Court
<< [68] On Officers and Members

of Appeals Multi-Purpose Building. The building stands on a lot belonging to the Court of Appeals but built with funds supplied by the Supreme Court. In order to avoid expensive rentals during summer sessions in Baguio City, the Court built additional two cottages and a duplex adjacent to the SC offices. The two cottages are for the 14th and 15th Members of the Court, while the duplex are for the court staff scheduled during summer sessions. At more than 100, the Supreme Court is a combination of old and new, conservative but avantgrade. While in the exercise of its judicial power, it always considers the trodden path since precedents represent the wisdom of the past, it is not averse to explore new avenues in search of the truth. Old management schemes and practices that have stood the test of time continue to be used but the dysfunctional aspects of the system are being discarded. Accordingly, the Office of the Court Administrator has undergone a massive reorganization to improve the management climate of the Judiciary. Receptive of new ideas and ever willing to initiate new procedures, the Supreme Court continues to cope with the realities of modern society.
<< [ 68] Lager Night

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[ 11] SC E-Library

The e-library also contains executive issuances. Other references such as Benchbooks, Journals Catalogues and Index are likewise available. Lex libris is also accessible through the ‘members only site.’ A special site of the e-library, the Memorabilia Room is devoted to the Honorable Justices of the Supreme Court from the first Chief Justice to the newly-appointed Associate Justices. This section contains the picture, brief biography, decisions and articles, speeches by and about each Justices. The Supreme Court e-Library may be accessed through http:// www.supremecourt.gov.ph/WebLibrary/home.htm

Prado, John Ivan Tablizo, John Michael Timbre, and Marc Villanueva. Additional members are expected to be included further at the advent of the next semester from pending applications and subsequent recruitment. Most incumbent officers are incoming fourth year students enrolled in the four-year regular program. Among the Society’s officers and members, Cortez, Guerrero, Lock, OcampoGuerrero, Ramos, and Reyes are members of the Order of the Flaming Arrows, the school’s organization of honor students.

each month, benefiting regular or weekday students. The Lager Night, starting school year 2005-2006, will be held alternately on a Friday in one month and on a Saturday in the next month. The Society would like to extend its gratitude to the School Administration under Dean Mariano Magsalin Jr. for providing this opportunity for studentfaculty interaction; Mr. Florentino Cayco III for his generosity; the various staff members of the Dean’s Office, the IT Center, and Maintenance Department in facilitating the Society’s requests, whether pertaining to paperwork, audio-visual equipment, or venue maintenance.

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LegalWeb

WWW.SEC.GOV.PH:

MAKING THE PUBLIC MORE SECURE

by Ma. Cristina A. Ramos

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

This section is a continuing series of articles featuring various websites which may be relevant to legal practitioners, legal researchers, and law students.

dapting to the needs of the changing times, the Securities and Exchange Commission (SEC) maximizes the benefits of Internet technology by making information available online and by offering online transactions. The SEC is now one of the most advanced agencies of the government in terms of compliance with the mandate of Republic Act no. 8792 or the Electronic Commerce Act. The SEC’s website, following a functionalist design, provides on its main menu well- classified submenus for easier access. The menu consists of ‘Main,’ ‘Online Transactions,’ ‘What`s New,’ ‘Investor Info,’ ‘About SEC,’ ‘Archives,’ ‘Publications’ and ‘Downloads.’ ‘Main’ provides the access to the html files of the Securities Regulation Code (Republic Act No. 8799), its implementing rules and regulations, as well as memorandum circulars and notices issued by the SEC. Basic information about the commission is found in ‘About SEC.’ This section provides information on the accomplishment, history, management, mission and vision, organizational setup, powers and functions, location and directors of the SEC. It also has a link to a separate site of one of the offices of the SEC, the compliance and enforcement department. ‘Archives’ meanwhile contains market reports, other circulars, speeches, ITrelated materials, seminars, announcements, examination results,

and concluded public consultations while ‘Publication’ provides access to the SEC primer on IAS, SEC in the News, Citizen’s Manual and Philippines 5000. Online Transactions By using information technology, the SEC offered a solution to the bureaucratic red tape usually associated with transactions with government. People who want to transact with the SEC can now avoid the slow moving traffic along EDSA. Moreover, they do not have to fall in line and spend the whole day falling in line or waiting for their names to be called inside the SEC’s office, and then wait another week to get results. Now, people can do business with the SEC through the computer any time of the day. Transactions that usually take a day or two, or even a week, can now be finished in just several clicks of the mouse. For example, prospective registrants of corporations or partnerships who want to find out whether their desired corporate or partnership name are still available can do it in just two mouse clicks. They simply have to visit the website of the SEC, click ‘Search Reserved/Registered Companies’ under ‘Online Transactions,’ enter the desired corporate or partnership name in the space provided, and press enter. Another online service that the SEC website offers is the ‘Search for Registered Names.’ This facility allows a person to know whether or not a given corporation or partnership is registered with the SEC in accordance with the Corporation Code of the

Philippines. However, the fact that a certain corporate or partnership name is indeed registered with the SEC is not an assurance that the identified corporation is authorized to sell to the public securities or other investment instruments. SEC-iRegister Probably the most valuable service that the SEC offers is the SEC-iRegister. It is a web-based company registration system of the SEC. The commission describes this service as ‘quick, affordable, and user-friendly.’ It is available to the public 24 hours a day, seven days a week. SEC-iRegister allows SEC’s clients to do the following online: · Verify the availability of the desired name for corporation or partnership; Reserve the verified name; Accomplish and print the registration from online without the need to buy the SEC forms; On-line registration of business organizations, whether a stock or non-stock corporation or a general, limited, or professional partnership; Deposit the paid-up capital online; Pay the appropriate registration fees online, and; Receive notice of approval within the same day.

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This facility has been made available to the public even before June 30, 2002, the deadline set by RA 8792, otherwise known as the E-Commerce Act. At present, the SEC uses version 2 of the SEC i-Register system, an enhanced version of the original I-

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The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

Register system. The new version has the following features: · Enhanced Name Verification. This feature provides for a list of reserved and registered companies that is similar to a proposed company or partnership name. Cancel Reservation Facility. This allows the user to change his reserved company name. The client only has to cancel the reserved company name and reserve a new one again. Endorsement Listing. For the guidance of the public, a list of selected industries that require endorsement from government agencies is provided. Search Industry. This feature makes the selection of industry easier and faster.

The list of market participants, as posted in the SEC’s website, are classified as follows: · · · · · Broker/Dealer (PSE Trading Participants) Investment Company Adviser Transfer Agent Other Market Participants Investment Houses Associated Person Investment Houses Underwriter of Securities Dealers in Government Securities.

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Formula for Determination of Reserve Requirements 1of Broker Dealers Under SRC Rule 49.2-1 Explanation of Books and Records Rule Customer Account Information Form

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For easier computation of fees, the site also provides an online calculator. Public Beware For public safety and convenience, the SEC provided in its website, under the menu ‘Investor Info,’ the following: SEC Advisory, SEC Orders, Settlement Offers, Companies with Cease and Desist Order, and Corporations with Revoked Certificate of Registration. The link to corporations with revoked certificates of registration is available from 8 am to 9 pm Monday through Friday except holidays. All the lists are in PDF files. The lists of companies that have CDOs issued against them or CDOs that became permanent after the effectivity of the SRC are likewise available from 8 am to 9 pm Monday through Friday except during holidays. The files are downloadable in PDF format. More on Investor’s Info The website also provides listings of registered entities, market participants, and issuers of registered commercial papers/bonds, equity securities, and securities to the public.

However, in the matter of registered entities, the SEC made it clear that the inclusion of any company in the list does not mean that any or all of those listed is being endorsed by the SEC to solicit, take, receive, or hold investments from the public. According to the SEC, the decision of anyone to place one’s investment on any company in whatever form is an individual decision based on one’s own judgment Thus, SEC suggests that anyone interested to invest in any of the companies listed herein or in any other company should study all publicly available materials that have been issued by the company following the full disclosure principle. Downloadable Forms Annexes and

Forms that are available for sale in the SEC are now downloadable for free. This can be found under the menu ‘Downloads.’ Some of the forms available for download are the following: · · · · · · · · · · Notice of Exempt Transaction Application for Confirmation Registration Statement Under the Securities Regulation Code Annual Report Current Report Notification of Suspension of Duty to File Reports Tender Offer Report Proxy Statement Initial Statement of Beneficial Ownership of Securities Statement Of Changes In Beneficial Ownership Of Securities Application For Registration as a Salesman or Associated Person of a Broker Dealer and Amendments Thereto Application for Broker Dealer Registration Renewal Application for Registration Renewal of Investment Houses, Underwriters of Securities and Government Securities Eligible Dealers

The site also offers downloadable annexes and forms. The following are some of the annexes in zip files that are available for download. · Registration of Securities · Definition of Terms Used In Full Disclosure Forms · Non-Financial Disclosure Requirements · Information Relating to Possession or Control Requirements Under SRC Rule 49.2-1

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The Center and the Society

IT LAW SOCIETY-SPONSORED LAGER NIGHT HELD
by Peter Joseph L. Fauni

ON IT LAW SOCIETY OFFICERS AND MEMBERS

O
The Philippine Quarterly IT Law Journal :: Volume 2, Number 1

n 5 February 2005, the IT Law Society sponsored the schoolwide Lager Night. It serves as an opportunity to foster closer relationship between law students and law professors, and is a welcome breather to law students in light of the rigors of law studies. The February 2005 Lager Night provided an opportunity to make the Society visible to the studentry, and to show a wholly different side to its normal serious self. The event also served as an avenue to announce the creation of the Bar Operations Commission for the 2005 Bar Exams in September, by the Continuing Legal Education and Research (CLEAR) office, and solicit involvement from students subsequent thereto. The event was marked by spirited discussions between students from various batches, on academic topics or otherwise, casual conversations

between faculty members and students, and for the more courageous ones, attempts to exhibit their singing prowess using the videoke machine. It was held at the College garden fronting Donada street.

The Lager Night is a project initiated by the Dean’s Office, with the Office of the College Secretary having an active participation in its conceptualization and initial implementation. The project, or event, was first implemented during the start of the school year 2004-2005, and it is sponsored by a different schoolaccredited student organization every month. It is the first time that the event was held on a Saturday to benefit Executive students, or students who are enrolled in the weekend study program. The event has been held previously during the last Friday of
>> [65] Lager Night

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he IT Law Society, which was established on 10 January 2004, maintained its roster of officers for the next school year. Michael Vernon M. Guerrero remained as President, Carlyn Marie Bernadette C. Ocampo-Guerrero as secretary, Ailyn L. Cortez as Treasurer, Peter Joseph L. Fauni as Publication chairperson and Ma. Cristina A. Ramos as Research and Seminars chairperson. Jhonelle S. Estrada was installed as Vice President for the Society during the middle of school year 2004-2005 and shall continue in such capacity. Mary Ann L. Reyes has been installed as the Journal’s Editor-in-Chief. The incumbent officers, however, are in the process of promulgating the Society’s Constitution and By-laws, which would effectively streamline the structure of the organization. Among the changes expected are: (1) the position of the Vice-President and the chairperson for the Publication Committee being combined in the person of the Journal’s Editor-in-Chief, (2) the position of Chairperson for the Website Committee being integrated to the position of Public Relations Officer, and (3) the positions of chairperson for Research and Seminars Committee and chairperson for Advocacy Committee being combined into the position of chairperson for Research and Advocacy Committee and integrated to the position of Auditor. Neophyte members, on the other hand, have been introduced into the Society during the last semester. Among these are Katherine Austria, Ma. Theresa Japos, Chalyz Odessa Lagdameo, Roberto Lock, Cristine
>> [65] On Officers and Members

IT LAW JOURNAL WELCOMES NEW EDITOR-IN-CHIEF

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he e-Law Center and the IT Law Society have been active in sourcing talents among law students in the Arellano University School of Law, especially those oriented to journalism. As part of the constant effor for improvement of the IT Law Journal, the individuals behind it endeavor to develop an optimized production system for the publication, the first step being the installation of a formal editorial board. As a token step towards that direction, the IT Law Journal welcomes its new Editor-inChief, Mary Ann L. Reyes.

Mary Ann L. Reyes is a Business columnist of the Philippine Star, one of the major daily newspapers in the Philippines. She is the editor of the Real Estate Section and also the Telecommunincations and IT Reporter of the said newspaper. She is an incoming fourth year student of the Arellano University School of Law, enrolled in the five-year executive program, and is currently the VicePresident of the Order of the Flaming Arrows, the school’s organization of honor students. She holds a degree in BS Math and a Masters degree in Business Administation from the University of the Philippines (Diliman campus).

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