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


IT Law Journal
what’s Inside



1 “H M Q 2E P


by Michael Vernon M. Guerrero






7T E O 8 JC P 9O T 10 S A



acking what? Technical people would argue that there is no such a thing as “Hacking the Mercantile Law Bar Exam Questions.” Cracking maybe, but not hacking. Obviously, confusion will arise on the usage of the word “hacking” if one is not particular to one’s audience. For the technically inclined, to hack means to write a program code; or to modify a program, often in an unauthorized manner, by changing the code itself. A hacker, thus, is a computer enthusiast, or a person who enjoys learning programming languages and computer systems and can often be considered an expert on the subject(s). To crack, on the other hand, is to break into a computer system or to copy commercial software illegally by breaking (cracking) the various copyprotection and registration techniques being used. A cracker, therefore, is distinct from a hacker. The sole aim of crackers is to break into secure systems, while hackers are more interested in gaining knowledge about computer systems and possibly using this knowledge for playful pranks. [ 1 ]





12 S 14 A S C L 16 O I


Nevertheless, similar to the failure of mass media to distinguish between cracking and hacking, the terms cracking and hacking under the Philippine Electronic Commerce Act (Republic Act No. 8792) are used interchangeably. The Act provides specifically that “hacking or cracking ... 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, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document.” [ 3 ] The simplification of the definition of hacking, made synonymous to cracking, in the Electronic Commerce Act, allows the prosecution of a person, not necessarily a computer expert, who simply accessed another person‘s computer or electronic documents without the latter’s permission. “Hacking the Mercantile Law Bar Exam Questions,” therefore, may be technically an incorrect title, but may be legally correct within Philippine jurisdiction. Leakage of the 2003 Mercantile Law Bar Exams The 21 September 2003 Mercantile Law Bar Examinations, one of the eight bar subjects and one given 15% weight, was annulled after
>> [ 3 ] Mercantile Law Bar Exam


18 L T 19 91 N A 22 [L L 24 D I C




To illustrate the technical distinction to the legal mind, decompilation allowed in Section 185 of the Philippine Intellectual Property Code (Republic Act No. 8293) [ 2 ] is part and parcel of the technical concept of hacking. On the other hand, effecting transactions with one or more access devices issued to another person or persons to receive payment or any other thing of value (Section 9 [n] of the Access Devices Regulation Act, Republic Act No. 8484) – especially if construed in a virtual or Internet transaction – constitutes cracking.


Message from the Dean


hree years ago, on the occasion of the centenary celebration of the Philippine Supreme Court, Arellano University School of Law was invited to co-sponsor the law and technology lecture. In the response I delivered for the school, I announced to the distinguished members of the Highest Court and their guests that as far back as 1997, the school had already anticipated the need to develop globally-oriented lawyers and professors. This can be gleaned from the school’s vision statement drafted on th same year where we saw ourselves as a globally competitive institution that harnesses world-class, state-of-the-art technologies and methodologies, responsive and attuned to the demands of the times. In 1999, true to our vision, we opened an Information Technology Center (ITC) to handle all of the school’s computer requirements. On the same year, we set up at least 30 computer stations with Internet access for the exclusive use of law students. Lawphil was developed and introduced on the web in the year 2000 and has become the country ’s most visited legal research website. The Arellano Law

and Policy Review (ALPR), a journal featuring mainly articles on international law and policy developments, was published starting 2001 to which the law libraries of Yale and Harvard are now subscribers. An Institute of Special Studies (ISS) was opened to engage in research and encourage discussion in the field of international law, particularly international trade law. It holds monthly brown bag lectures mostly on the burning local and international legal issues of the day. In 2001, the ISS worked with the International Trade Centre, a technical cooperation agency of the UNCTAD and the World Trade Organization (WTO) in authoring a handbook entitled “Arbitration and Alternative Dispute Resolution,” now considered by many Philippine law schools as the most authoritative on the subject. Changes in the curriculum were made in the year 2000. Among them were the introduction of courses like Alternative Dispute Resolution, Environmental Law, International Trade Law, Project Finance, CorporateFinance, Telecommunications Law, Technology and the Law, and Human Rights to address the globalization of both Commercial Law and Public Interest Law.

With the establishment in 2003 of AUSL’s Center for e-Law, it is clear that the school is ready to meet the challenges posed by the advent of the digital age. The formation of an IT Law Society with members composed of technologically proficient law students is a most welcome development that will set the school apart from even the so-called elite law institutions. I congratulate the movers behind the Center for E-Law and the IT Law Society for the work they have been doing, and in particular for coming out with an ambitious project like the IT Law Journal. May your tribe increase and may you indeed be at the forefront of law and technology concerns in the country and beyond.

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

C HAIRMAN Atty. Jaime N. Soriano, CPA, MNSA M EMBERS Ailyn L. Cortez Charilyn A. Dee Jhonelle S. Estrada Peter Joseph L. Fauni Carlyn Marie Bernadette C. OcampoGuerrero Michael Vernon M. Guerrero Ma. Cristina A. Ramos

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

Philippine IT Facts and Figures
Internet users (thousands), 2000-2002 1 2000 1 540 2001 and 2002 2 000 % change 2000-2001 29.87 Internet users per 1000 person, 2000-2002 2 2000 201 2001 and 2002 256 Network Readiness Index (NRI) & Ranking by the Economist Intellegence Unit (EIU) 3 NRI Score 3.25 NRI Rank 62 ERI Score 3.93 ERI Rank 47 Sources: 1 ITU (2003a) and UNCTAD calculations 2 ITU (2003a) and UNCTAD calculations 3 Dutta, Lanvin and Paua (2003) and Economist Intelligence Unit (2003).

Volume 1, Issue 1


2004. All Rights Reserved. Reconstituted November 2006. Proportions may differ slightly from original printed copy.


a lawyer from the Balgos and Perez law firm and the one responsible for the Mercantile Law Bar Examination leakage. [ 4 ] Second. Number 1 << [ 1 ] Mercantile Law Bar Exam a massive leakage – comprising 82 percent of the questions asked in the bar subject – occurred. and was able to access Balgos’ files using his own computer in the network. chief information officer of the Supreme Court. and his computer forensic experts were able to uncover De Guzman’s activities through his computer’s and the network’s logs. or more popular than the various flavors of Linux or similar operating systems. Don’t let your ultra-sensitive files stay in your computer. De Guzman faxed the questions to Ronan Garvina. that Balgos prepared three sets of test questions on Mercantile Law on his personal computer in his law office. for example. especially if the security of documents affect the lives of a lot of people. It is additional protection to safeguard your sensitive files. concepts. and reprimanded Marcial OT Balgos. whose negligence was the root cause of the said bar leakage. hard disk storage. A lot of organizations purchase “home-based” operating systems such as Windows 95. Therefore. Iñigo passed a copy of the questions to Allan Guiapal. such as printers. His computer. Fifth. >> [ 21 ] Mercantile Law Bar Exam 3 . and even Internet connection when applicable. Inasmuch as access to Balgos’ computer was unauthorized. especially if the file is above the 1. Furtther. or if the other computer does not have or support a large removable media drive. The nullification of the examination on the subject was made in order to preserve the integrity and protect the sanctity of the examination and avoid any doubt or suspicion on the outcome of said examination. [ 6 ] Fourth. and XP Pro. 98. disbarred Danilo de Guzman. running on Microsoft Windows 98 operating system. The Supreme Court. Unauthorized file access through shared folders. 2000. If you have money to spare. in turn faxed the questions to Randy Iñigo and James Bugain. These are some of the precautions one can do to safeguard one’s files from the prying eyes of other people. Getting one step ahead of potential security threats would be a costly endeavor. Better store them in reliable removable storage devices. such as those heavy-duty portable ones that can be plugged in your USB port. you may want to limit the number of people that can access the shared folders at one time. examiner in the 2003 Mercantile Law Exam. Examinees in 2003 numbered to 5.The Philippine Quarterly IT Law Journal :: Volume 1. is that one can access the computer by merely cancelling the login box and thus create an account for oneself in the computer where one is not authorized to access. The Supreme Court. So if a file folder in Windows 98-based machine has been shared. Choose the proper operating system. may occur if the user is unaware of means to control access. however. a fraternity brother. Ivan Uy. Better unshare the folder(s) or drive(s) which you are not really willing to share. instead of having the examinees retake the Mercantile Law examination. one can access said folder in another computer in the network. Garvina. De Guzman is deemed to have committed “hacking” pursuant to the definition given by Section 33(a) of the Electronic Commerce Act. ME and XP Home for their personal computers as they are relatively cheaper than the more secure operating systems Windows NT. on investigation. buy reliable software which would provide your computer personal firewall. Password-protect your documents. who gave a copy to Ronald Collado. when a computer in a network does not contain a similar user profile as in the one accessed. De Guzman activitated file-sharing of pertinent file folder(s) in Balgos’ computer without the latter’s knowledge. what should be done to control access? First. or otherwise create a specific folder containing only the files that you would want to share. with the logo and initials of the fraternity and distributed copies to 30 Bar candidates of the Manuel L. Furthermore. If you are using Microsoft Word and Excel.44MB diskette limit. Unlike in Windows 2000. It appeared. File transfer between computers within the network is made easier. Find out if you’re sharing more than you are willing to share. Atty. LAN may be practical in connecting a number of computers so as to share peripherals and resources. for example. But one must at least find ways to secure one’s files from an unauthorized user. Quezon University (MLQU). Clicking on your computer’s name on Network Neighborhood would show the folder(s) or drive(s) your computer is sharing over the network. distributed the weight assigned to Mercantile Law to other Bar subjects. these documents and spreadsheets may be protected from being opened by unauthorized personnel. a login and password dialogue box appears before one can access the other computer. The drawback in the use of Windows 98. who has basic knowledge of computers and their systems. on 4 February 2004. but not necessarily incompatible. is interconnected with other computers in the law office through a local area network (LAN). only one having administrator capabilities can add a new user to the computer.349 law graduates. Collado ordered the printing of the questions. [5] Third. Protecting files Interconnectivity and security are two opposing.

notarization under existing laws necessitates personal appearance 4 . The laws and regulation governing notaries public include the following: · Sections 231 to 252 and Sections 2632 to 2633 of the 1917 of the affiants or the parties before a notary public to satisfy the foregoing warranties. Notarization converts a private document into a public document and renders the document admissible in court as evidence without need for further proof of its authenticity. originated as scribes. also known as the Electronic Commerce Act of 2000) on June 14. promulgated by the Supreme Court (En Banc) on August 13. a new system of shorthand writing called notae tironinae was developed. Latin scribae.Features ELECTRONIC AUTHENTICATION SYSTEM: A BREAKTHROUGH IN NOTARIZATION By Ma. In cases of acknowledgements. Instead of paper. 2002. he makes the following warranties: · The party or parties personally appeared before him and signed the instrument in his presence The party or parties made themselves known to him to be the same person or persons who executed. [ 1 ] In Ancient Rome." A. The person who adopted this method was called a notarius. The importance of these scribes became more and more important when the value of official record-keeping was recognized and when societies began to formalize their rules and decisions. [ 5 ] Corollary to this is the legal recognition of electronic and digital signatures affixed on electronic documents and electronic contracts. [ 6 ] Electronic contracts and documents would not be denied validity. Ramos N Introduction The Philippine Quarterly IT Law Journal :: Volume 1.M. It was a system of arbitrary marks or signs called notae. scribes who performed the function of the notary were known as tabellions. · Section 11. Cristina A. by law. the parties made known to him the voluntary execution of the instrument. A notarized document is entitled. service providers and other duly appointed certification authorities. Number 1 Revised Administrative Code of the Philippines. and are under The supervision of. Congress enacted into law Republic Act No. These signatures are now legally recognized as equivalent to the signature of a person on a written document. Executive Judges of the territory where they perform their notarial functions. 8792. Rule 141 of the Rules of Court. are literate clerks who took notes of important events and discussions and made copies both of public and private documents. 2000. as well as the certificate of authentication on printed or hard copies of the electronic document or electronic data messages by electronic notaries. and whose names appeared in the instrument. The role of these scribes can be traced back to pre-Biblical times in Ancient Egypt and Greece. The law gave validity and legal recognition to electronic documents and electronic contracts as the functional equivalent of paper-based documents. Section 11 of the Electronic Commerce Act of 2000 authorized the Supreme Court to determine the appropriate rules governing the authentication of electronic documents and electronic contracts "including the use of electronic notarization systems as necessary and advisable. Although originally applied to a shorthand writer. complete and conclusive proof. the term notarius became used exclusively to a publicly appointed official who performed the functions similar to that of a presentday notary. as we know them today. · · · In short. No 02-8-02-SC. enforceability and admissibility as evidence for as long they preserved their integrity and reliability and can be authenticated in accordance with the law and established rules of procedure. [ 3 ] Notarization also vests upon the document the presumption of regularity unless it is impugned by strong. after putting the affiants under oath.[4 ] When a notary public affixes his signature and notarial seal to an instrument. Later on. [ 2 ] The Philippine Notarial Law In the Philippines. e-Notarization under the eCommerce Act To keep pace with the global developments in information technology. otaries public. these tabellions used tabulae or tables or plates covered with wax. Scribes. notaries public are members of the Bar commissioned by. 2002 effective September 2. to full faith and credit upon its face.

Uy. It is worthy to note that even in the notarization of paper-based documents. It is the digitalization" of the performance of the function of a notary public. a unique one." [ 8 ] A commonly used biometrics is the computer analysis of fingerprints. Uy. after reading the electronic document. It will definitely improve the system but it will not cure all the defects. reproduce a number of copies thereof as may be required by the rules and give each party his copy of the electronic document. they are going to require in the rules the use of mechanisms that will verify or ascertain the identity of the parties including probably the use of a video camera to see the person at the other end of the screen. the Management Information System Office (MISO) of the Supreme Court. The authenticating officer shall also keep his copy of the document.The Philippine Quarterly IT Law Journal :: Volume 1. In this system. Nevertheless. In order to avail of this type of authentication system. The parties. This danger is something that the Electronic Authentication System may not resolve. He explained that the electronic notarization system is a sui generis. the Rules will be presented to the Supreme Court for consideration in July this year. Atty. The computer would analyze the fingerprint to determine the identity of the person at the other end of the screen. According to Atty. Uy recognized that "electronic notarization is like putting a square peg in a round hole. The first type is an "on-line authentication system" while the second system would require the personal appearance of the parties. Utilization of biometrics technology is also being considered. the parties and the authenticating officer similar to a notary public. a fingerprint scanner. Another potential danger of this type of electronic authentication system is the risk that the owner of the digital signature be coerced to put his digital signature on the electronic document without the notary public knowing of such fact. The MISO has conceptualized two (2) types of Electronic Authentication System." For this reason. Critics of the implementation of the electronic notarization system argue the possible conflict of this set up with the legal requirements of the existing notarial law. Personal appearance before an authentication officer The second type of Electronic Authentication System being proposed requires the personal appearance of the parties before an authenticating officer. the parties who wish to have their electronic document authenticated are required to appear before an authenticating officer duly commissioned by the Court. some legal practitioners have commented on the potential dangers of this type of authentication system particularly on the authenticity of the document. With this system. On-line authentication system The first type or the on-line authentication system is intended to cater to parties who are physically remote from each other but wish to have their document authenticated to convert the same as a public document. where each of them could place his or her index finger. With this mechanism. however. Prior to the drafting of the rules. Number 1 Electronic notarization is the performance of a legal act that will facilitate the conversion of private documents in electronic form into "public documents" and provide them with the legal attributes and character as such. such vitiation of consent cannot be avoided. for example. Uy. you should not expect that it is a 'cure-all' thing. The authenticating officer shall then affix his digital signature in the document. The Rules that MISO is preparing are intended for these two types of election authentication system. Atty. It is a concept of its own. "When you introduce something new. According to Atty. An officer duly authorized by the court to conduct electronic authentication should also be present in the virtual room and after taking proper procedural safeguards. Ivan John Uy. shall affix their electronic signatures thereon. has completed ninety percent (90%) of the Rules on Electronic Notarization. Current efforts of the Supreme Court [ 7 ] At present. the risk of the digital signature being accessed or used without authority will be avoided. 5 . However. The primary concern is how can the other parties and the authenticating officer be assured that the person attaching the digital signature is indeed the person he or she should be. "Biometrics refers to the authentication techniques that rely on measurable physical characteristics that can be automatically checked. the proposal is to denominate the system as "Electronic Authentication System for Electronic Documents". Simply put. shall affix their electronic signatures in the electronic document. it will also have the "functional equivalent" of the notarization of paper-based documents. store the said document in a compact disc. said that this issue has already been addressed. headed by Atty. it will have the same effect as the notarization of paper-based documents. This type of authentication system aims to do away with bulky paper documents. there would be a virtual room where the parties will meet on-line via NetMeeting or net conference. the personal computers of the parties should have. released and implemented before the end of 2004. The rules on electronic notarization is expected to be approved." said Atty. Uy. while the authenticating officer acts as witness.

Retrieved on 2 April 2004. No." [11 ] Thus. No. no evidence shall be admissible other than the original document itself. c o m / notaryhistory. http:// w w w. N. “THE PRESENT DAY GLOBAL ECONOMIC LANDSCAPE IS DEFINED BY TWO MAIN FEATURES -. The enactment of the ECommerce Law. Retrieved on 2 April 2004. whether a print 30 April 1999 Sales vs. l e a r n e d c o u n s e l . http://www. Atty. A. In electronic documents. May). 2. G. or a subsequent reproduction thereof. In the soon-to-be implemented Rules on Electronic Authentication System of Electronic Documents. No. Jaime C. Hence." [ 13 ] Thus. it is susceptible to resistance particularly from the legal community. R. the ECommerce Act provides that where the law requires information to be presented or retained in its original form. 10. also known in legal parlance as the best evidence rule. A. or by mechanical or electronic recording. Conclusion Electronic notarization is certainly a new and novel concept in legal and judicial systems not only in the Philippines but worldwide. or is a counterpart produced by the same impression as the original. Such stamp assures the existence of an electronic document at one certain moment.THE VAST IMPACT OF THE INFORMATION TECHNOLOGY REVILUTION AND THE DRAMATIC EXPANSION OF INTERNATIONAL TRADE. All rights reserved. Viray. 6. The greatest apprehension with the said provisions is the possibility that "all manner of alterations can be perpetrated in the cyberspace before the document is even printed. an equivalent of the original. L40145. Rule 130 of the Rules of Court provides that when the subject of inquiry is the contents of a document. "The Notary: A Short History" (2000. Number 1 9. GOVERNOR OF VIRGINIA AND CHAIRMAN. 10. 11.” . 8792. A. Endnotes 1. features/2001_0822_02. or from the same matrix. 4. Based on the author's interview of Atty. Uy declared that a mechanism to ensure that only copies intended to be the equivalent of the original will be presented. Court of Appeals. or by chemical reproduction. an email message. Reprinted with permission from http://www. 11. JAMES S. for a document to be considered as equivalent of the original. 8792 Sec. 7. or by other equivalent techniques which accurately reproduces the original. 8. Upon signing an electronic document. The flexibility of the legal mandate accorded to the Supreme Court by the E-Commerce Act of 2000 to adopt a system of e-notarization and authentication of electronic documents as maybe "necessary and advisable" [ 14 ] is consistent with the internationallyaccepted principle that 'law should be technology neutral' and effectively arrests any legal inconvenience posed by existing notarial laws. No. The E-Commerce Act of 2000 and the Rules on Electronic Evidence [ 9 ] promulgated by the Supreme Court modified the concept of the best evidence rule to capture legal recognition and admissibility of evidence of electronic documents and electronic contracts. 29 July 1992 Sec. Nunga vs. global trends in legal practice leave our judicial authorities no choice but to start the process of change in our legal system in response to the information technology revolution. No. Tom Halliwell. R. 3.cyberdyaryo. Arroyo. THE INTERNET IS REDEFINING BUSINESS MODELS WORLDWIDE AND CREATING NEW PARADIGMS AND ECONOMIC TRANSACTIONS. R. it must be executed at or about the same time as the original. M. 4758. that requirement is met by an electronic document if the integrity of the information from the time when it was first generated in its final form as an electronic document. ibid. [ 10 ] Rule 4 of the Rules on Electronic Evidence provides that "an electronic document shall be regarded as the equivalent of an original under the Best Evidence Rule if it is a print out or output readable by sight or other means. 14. there would be no problem in ascertaining whether a particular electronic document is the original.webopedia. A. R. ibid. the original of the electronic document and the equivalent copies of the original bear the same digital stamp. Copyright. Sec." Cyberdyaryo. GILMORE III.internet. Therefore. He further explained that with the 'time and date stamp' or digital stamping. 8792 2.GOV. O 1-7-01-SC Sec. Rule 4 of the Rules on Electronic Evidence Sec. compact disc or diskette may be regarded as the original. is shown by evidence allunde or otherwise. 1. 5. 22 August 2001. or a copy in a hard disk. The Philippine Quarterly IT Law Journal :: Volume 1. Like any process of change. Ivan John Uy on 1 April 2004 Definition from www.html Ibid. shown to reflect the data accurately. Subsequent copies of the electronic document will certainly bear a different time and date. 2004 Jupitermedia . every copy of the electronic document. the integrity of an electronic document would be proved.M. 13.A.The original of an electronic document Section 3. 8.htm Sec. 12. [ 12 ] The Rules on Electronic Evidence further provides that "[w]hen a document is in two or more copies executed at or about the same time with identical contents. the parties will secure a time and date stamp. the Rules on Electronic Evidence and the prospective Rules on Electronic Authentication System of Electronic Documents is certainly a step in the right direction. FEDERAL COMMISSION ON INTERNET TAXATION (1999) 6 . "The law and the Internet Legal Community slams rules on electronic evidence. such copies or duplicates shall be regarded as the equivalent of the original.

2001 in accordance with Republic Act No. Best evidence rule in electronic documents Electronic documents refer to information or representation of information that establishes a right or extinguishes an obligation and is received. Soriano T he Philippine Supreme Court. (iii) any means to satisfy the court of its genuineness. provided (i) they are proven or shown by the testimony of the custodian or other qualified witness and (ii) it is proven that compilation of such data. or stored by electronic. it was amended to include from its coverage criminal cases effective 24 October 2002.Features The Philippine Quarterly IT Law Journal :: Volume 1. Thus: 1. Exception to the Hearsay Rule Records. recorded. transmission or storage. relevant and can be authenticated in the manner provided for by the rules. 2. The contents of the affidavit shall be Whenever the rules on evidence refer to a written document it shall include 7 . M. or retrieved in electronic form. Authentication documents of electronic Burden of proving authenticity: The party introducing the electronic evidence. Electronic signatures have the "functional equivalent" of the signature of a person on a written document. Recognition evidence of electronic electronic documents (or any information sent. unless there is a question on the authenticity of the original or it would be unjust to admit the copy in lieu of the original. through A. Methods of proving electronic documents By Affidavit Evidence: based on personal knowledge and indication of the competence of the affiant to testify on the matters contained therein. Number 1 THE PHILIPPINE RULES ON ELECTRONIC EVIDENCE: AN OUTLINE By Jaime N. Scope and effectivity The Rules became effective on 1 August 2001 and initially applied to civil. the adverse parry must present proof of the untrustworthiness of the source of information. processed. 8792. (ii) evidence that appropriate security procedures were applied as may be authorized by law or the SC. (ii) other means provided by law. optical or similar means as electronic data). data or information kept in electronic form in the regular course of business are excepted from the hearsay rule. stored. Manner of proving authenticity of private documents: The electronic evidence must be proved before it is offered as authentic in any of the following manner: (i) evidence that it has been signed digitally by the person. or the method or circumstance of the preparation. To overcome this. received. No. records or information is a regular practice. All copies of an electronic document executed at or about the same time with the same impression and identical in contents are regarded as equivalent of the original. Manner of proving authenticity of public document: To be proven as an electronically notarized document in accordance with SC rules (NB: No such rule at the moment) Manner of authenticating electronic signature: (i) evidence to prove the method to establish and verify a digital signature. An electronic evidence is admissible in evidence provided it is competent. Digital signature refers to an electronic signature consisting of a transformation of an electronic data message or electronic document using a cryptographic system: asymmetric or symmetric through a certification authority. otherwise known as the "e-Commerce Act of 2000". transmitted. or (iii) other evidence showing integrity and reliability to the satisfaction of the court. digital signature Electronic signature refers to any distinctive mark or characteristic in electronic form representing the identity of a person and associated with an electronic data message or electronic document and therefore includes digital signature. Electronic signature vs. approved en banc the Rules of Electronic Evidence on July 20. 01-7-01-SC. On 24 September 2002. quasi-judicial and administrative proceedings pending after that date. The fact that it is in electronic form will not diminish the confidential nature of a privileged communication.

117221. to prove that Israel's attendance was poor. stored or communicated. To prove Israel's habitual absences and tardiness. Jurisprudence in CyberLaw IBM PHILIPPINES INC. NLRC.R. Digital signature: In addition to the above. or in the absence thereof. Alleging that he was dismissed without due process and without just cause. Number 1 compliance with the notice requirements of procedural due process. The Court said: "The computer print-outs. Reliability of manner or method in which it was generated. (iv) the message associated to the signature has not been altered from the time of signing. were insufficient to show that he was guilty of habitual absences and tardiness.2nd Division) (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) The Philippine Quarterly IT Law Journal :: Volume 1. (G. and (v) it has duly issued by the certification authority. by other competent evidence. (iii) it was affixed to indicate consent to the transaction. Other factors affecting accuracy and integrity of the electronic documents. video or photographic evidence The evidence is admissible provided they are shown. IBM attached to its position paper print-outs of alleged computer entries or messages sent to Israel through the company's internal computer system to prove the legal basis for the termination and computer print-out of the exchanges of e-mails between the company and the dismissed employee that would have proven the latter's habitual tardiness and absenteeism. ET AL. the NLRC ruled in favor of Israel and found his dismissal to be illegal contending that the computer printouts presented in evidence. Electronic testimony: When an examination of a witness is done electronically. The nature and quality of the information that went into the communication system where the electronic document was based. streaming audio or video or other forms of communication that is not recorded or retained. while adhering to a liberal view in the conduct of proceedings before administrative agencies. 5. Later. (ii) it was affixed with intent to authenticate.affirmed in open court and may be cross-examined as a matter of right by the adverse party in a summary hearing. Disputable presumptions (after authentication is proved) Electronic signature: (i) it correlates to the identity of the person. 4. 13 April 1999. which constitute the only evidence of petitioners. (i) information contained in the certificate (of the certification authority) is correct. Admissibility and proof of ephemeral electronic evidence Ephemeral electronic evidence refers to telephone conversation. terminated the employment of Angel D. (ii) the signature was created during the operational period of the certificate. Familiarity of the system by the person who made the entry. Israel for habitual absences and tardiness. presented or displayed to the court and identified. VS. The electronic evidence. Admissibility and proof of audio. chat sessions. The transcript must be certified and indicate that the proceedings were electronically recorded. it shall be proven as an electronic document. It should be proven by the testimony of the person who was a party to the same. Ruling: The Supreme Court refused to recognize the admissibility and evidentiary weight of an unsigned Facts: IBM Philippines Inc. Integrity of the information and communication system in which it is recorded or stored. 6. text messages. Issue: Whether or not the computer print-outs attached by IBM in its position paper were inadmissible in evidence to prove just cause and due process in the termination of Israel. 2. The decisions of this Court. explained or authenticated by the person who produced the same or by a competent testimony on the accuracy thereof. and (iv) the process to affix the signature operated without error or fault. ET AL. If the communication is recorded. Israel filed a complaint before the National Labor Relations Commission (NLRC). have nonetheless consistently required some proof of authenticity or reliability as >> [21] Jurisprudence in CyberLaw 8 . or has personal knowledge of the same. without the requisite proof of its authenticity and reliability. (iii) there is no cause to render certificate revocable or invalid. Supreme Court .. No. Factors to consider in determining evidentiary weight of electronic documents 1. the recording and the transcript shall form part of the records of the case and shall be deemed as prima facie evidence of the proceedings. the entire proceedings shall be transcribed stenographically. Reliability of the manner in which the originator was identified. afford no assurance of their authenticity because they are unsigned. 3.

manufacture. Cortez A year ago. manufacture. CD ROMS. DVD-ROMS. [ 4 ] The registration and license issued by the OMB are conditions precedent for securing the necessary business permits or licenses from appropriate authorities and shall also be necessary for the release of manufacturing equipment from customs or economic zones. and replication of optical media shall suffer imprisonment of 3 years in the minimum and six years in the maximum and a fine of not less than five hundred thousand pesos but not exceeding one million five hundred pesos. mastering. genuine deterrence and actual penalties to be paid for piracy. the OMB shall determine. which serve as gatekeeper systems to address the problems on piracy from the very source." [ 2 ] The OMB shall be composed of four exofficio members -. now known or to be known in the future. replication. importation and exportation of optical media. [ 5 ] For the purpose of this Act. those which shall be listed in the Implementing Rules and Regulations (IRR) of this Act or as prescribed by the OMB. Violators who will employ armed assistance shall face a stiffer penalty of nine years imprisonment in >> [20] Optical Media Act 9 . replication. or production parts thereof. CD's. was reorganized as the Optical Media Board (OMB) under the Office of the President. electronic communication and copying are both threatening to the basic concept of IPR. 9239 known as the "Optical Media Act of 2003. the Optical Media Act provides stiff penalties on establishments caught violating the provisions of the law. CD recordables and rewritables. Department of the Interior Local Government (DILG). and speed and ease of. The SID codes shall be visible and legible and must conform to such specification as prescribed by the OMB for all persons. Department of Finance (DOF). a manufacturing equipment refer to "any and all equipment. the Videogram Regulatory Board (VRB). Those engaging in illegal importation. As a deterrent to piracy. Under the law. it is crucial to define a Manufacturing Equipment. notwithstanding government efforts to cut back violation of intellectual property rights (IPR).composed of secretaries of the Department of Trade and Industry (DTI). importation or exportation of optical media. and the Director General of the Intellectual Property Office (IPO) or their duly authorized representatives. manufactured or replicated by any establishment or entity. optical media masters. led to the competent enforcement of law which spells out that there are real costs. [ 1 ] The swift increase in optical disk piracy in the Philippines brought about by the pace of change in. It was noted that despite concentrated efforts to clear out video pirates. Number 1 OPTICAL MEDIA ACT : A PANACEA TO PIRACY By Ailyn L. The board was tasked to institute the means to "regulate the manufacture. the Philippines was on the US priority watch list of international intellectual property protection organizations. President Gloria Macapagal-Arroyo recently signed Republic Act No.Features The Philippine Quarterly IT Law Journal :: Volume 1. Second. As such. VCD's. This act seeks to regulate optical media by imposing stern regulations in the licensing. To implement the new law. intended or design for the production or manufacture. as well as the manufacturers of sham materials. including but not limited to. The clamor to punish not only the street vendors. exportation. and five regular member to be appointed by the President. First. by mastering and/ or replication of optical media. These are system of codes embedded in the optical media to identify the source of all optical media mastered. This was shown in the 2003 "Special 301" annual review which examined the sufficiency and efficacy of intellectual property protection in different countries including the Philippines. no one was convicted because of the government's lack of operational means to penalize the bootleggers." This law was enacted in accord with the Intellectual Property Code of the Philippines to ensure the protection and promotion of intellectual property rights. establishments or entities registered with and licensed by the OMB. [ 3 ] There are two mechanisms provided to protect the intellectual property rights. copying and distribution of optical media such as DVD's. " [ 6 ] Optical disc writers and such other devices used in personal computers not for commercial purposes shall not be considered as manufacturing equipment. develop and/or adopt a system of Source Identification (SID) codes. the Philippine Government intensified its efforts across the board and enacted stronger laws and regulations on the production of optical disk. which was created under Presidential Decree 1987. the OMB shall have the authority to issue. mastering. cancel or suspend licenses of establishments or entities registered with the OMB to engage in business of mastering. machine or device.

or (ii) organized or otherwise constituted under the laws of a state of the United States of America. is the ICANN Designated Registry Operator of the . like www. For an entity to register a . and noncommercial organizations based in the United States).edu for educational institutions. like 209. to reach sought resources or websites. which identify particular Web TLD registration.251. The United States. . or (3) a foreign entity or organization that has a bona fide 10 . a two-letter codes in the ISO 3166-1 standard codes for the representation of names of countries or territories. stir up property issues as it involves goodwill. for non-profit The selection and acquisition of domain names. Guerrero T The Philippine Quarterly IT Law Journal :: Volume 1. which are recognized intangible for the Philippines. if host names or domain names. to promoting competition. or the Uniform Resource Locators (URLs). . Chronic intellectual property issues still remain involving the gTLD names – which are supposed to be United States TLDs – because the registries of which are open or available to all possible registrants worldwide. . in its totality. and root server system management for network TLD of the United A clear development in the protection of country specific domains involves that of the .50. Every domain name has a suffix that indicates which top level domain (TLD) it belongs to: such as . These services were originally performed under United States Government contract by the Internet Assigned Numbers Authority (IANA) and other entities. or (iii) whose primary place of domicile is in the United States of America or any of its for government agencies. usually by appending a gTLD suffix (such as . or purposed for a virtual forum containing adverse opinions against said obviously interested entity. non-profit corporation that has responsibility for Internet Protocol (IP) address space allocation. provided stricter guidelines for . One can only imagine the tedious process and the near impossible feat of memorizing numerical IP (Internet Protocol) addresses. or (2) a United States entity or organization that is (i) incorporated within one of the 50 US states. . to achieving broad representation of global Internet communities. and to developing policy appropriate to its mission through bottom-up. The Internet Corporation for Assigned Names and Numbers (ICANN) is the internationally organized. Trade names and trademarks visa-vis domain names A domain name locates an organization or other entity on the Internet. the District of Columbia. generic (gTLD) and country code (ccTLD) Top-Level Domain name system management. [ 1 ] A domain name identifies one or more IP addresses [ 2 ] and is used in the global addresses of documents and other resources in the World Wide Web. but do not for commercial ccTLD since to said organization’s trade name. or local government of the United States or a political subdivision thereof. the District of Columbia or any of its possessions or territories (including a federal. do not exist. The institutionalization of procedures as to Uniform Domain Name Dispute Resolution and the deployment of Nameholder warranty clauses in registration contracts with domain registries minimize. consensus-based processes.Features THE DOMAIN NAME SYSTEM (DNS) AND ADMINISTERING THE ROOT CCTLD . protocol identifier assignment. to name a few. A domain name may further admit an additional suffix that indicates country code TopLevel Domain (ccTLD). a virtual heap of sparsely organized data and domain name. [ 4 ] As the registries for trademarks / tradenames and domain names are separate and distinct but that both recognize the “first to file” rule.234. ICANN is dedicated to preserving the operational stability of the Internet. thus. (ii) who is a permanent resident of the United States of America or any of its possessions or territories. or any of the United States possessions or territories.arellanolaw.PH by Michael Vernon M. As a privatepublic partnership. through its appointed central registrar Neustar. trade names and trademarks. [ 3 ] DotPH Inc. the situation provides opportunity for enterprising entities to purchase domain names that may correspond to another entity ’s trademark purposed for a possible resale of such domain name at a higher price to an obviously interested or . such as . . the conflicting interests between trademark owners and domain name registrants. the entity should either be (1) a natural person (i) who is a United States citizen. Number 1 Introduction to domain names he Internet provides diverse content that changes hour after hour and renders the Internet to be.

The waitlist service is not new in the domain name in the Philippines. fairness. the registration of domain names. just. The opportunity to shift the application of the wait-listing fee in the Philippines to an available domain name or to another domain name that may be waitlisted very much considers paragraph 3. or (2) a legally recognized statutory entity (such as a corporation. hoping for a comprehensive solution. [ 5 ] On the other hand. including ccTLDs. dispute resolution. Only one person is allowed to speculate or reserve a domain name.” The NTC stated in the guidelines’ preamble that the . year on end without any return on their investment. and thus is accountable to the local Internet community and must be able to carry out the necessary responsibilities. he can use the Waitlist fee to register an available domain name is a public resource and is part of the Philippine national patrimony. allowing people to bid on domain names that are about to expire. and that the administrator of the . in the exercise of its police power.The Philippine Quarterly IT Law Journal :: Volume 1. It must be noted that ICANN handles all requests for redelegation and ccTLD On 13 January 2004. [ 7 ] Domain name wait-list ICANN approved the creation of VeriSign Inc. DotPH however reiterated its intent to continue participating in the domain. the PH domain Registry (dotPH) submitted its comments stating thereon. and that government has not responded to inputs previously given. The registrant can even choose to Waitlist another domain instead. or PLC). to the US Department of Commerce. for an entity to register a . where a prospective registrant who signs up for the Waitlist is first in line to get a domain that expires and is not renewed. among others. or whether the .ph domain is a US Government resource inasmuch as ICANN reports its proposed actions on domain registry re-delegation. is the ultimate authority on the . Speculation is fraught with risk as one is not sure whether a domain name would even return to open market. delegation and recognition. or whether the delegation or re-delegation of the ccTLD is within the jurisdiction of ICANN where the government is only in the same level as the local Internet community. DotPH announced its intention not to attend the 30 March 2004 hearing as (1) no problems in PH domain operation/ administration have been pointed out by the government despite DotPH’s repeated requests. On 4 February 2004. It outlined the qualifications. (2) that the government has not shown that there is a need for Guidelines at all and that these will not result in new. The crux of contention revolves around the issue whether the . Number 1 presence in the United States of America or any of its possessions or territories. and all matters pertaining to transparency and domain. [ 6 ] gTLD name registrations from the Philippines are relatively high inasmuch as having a gTLD name is perceived to have a greater prestige than having a ccTLD name in light of the former’s “international” stature.Ph Domain Name. the Domain Name Applicant need only to be either (1) an identifiable human individual (over the age of 18 years).” Proposed Philippine government control on the . or on the economic domain is the trustee of the country code top level domain for the Philippines and the global Internet community. whose interest is given equitable consideration in the processing of a request for redelegation. that the cost of purchasing a gTLD name is relatively cheaper than purchasing a ccTLD name. at a time. the management and delineation of functions as to the registry and the various registrars. preventing the Guidelines to be discussed on its own merits. The cost of signing up for the Waitlist service is the same as registering a domain. [ 8] The US model on the wait-list service is different inasmuch as one cannot recover the wait-listing fee if the current registrant of the coveted domain name renew his subscription. that the State has the sovereign right over Internet-related public policy issues. owned by somebody else. and technical competence of the Administrator.'s "wait-listing service" on 6 March 2004. the use. including ccTLD delegations and >> [20] The Domain Name System (DNS) 11 . partnership. Article 1461 of the New Civil Code of the Philippines (RA No. limited liability domain is “part of Philippine patrimony” subject to “sovereign right” of the State. fair and transparent administration of the . service. at no extra charge. From thereon flows the issue whether the Philippine Government. has the responsibility to neutrally investigate and assess requests on all matters relating to changes in the DNS root. excluding markup. the National Telecommunications Commission (NTC) issued a working draft of its “Guidelines in the Administration of the . 386) which provides that the “sale of a vain hope or expectancy is void. that specific problems must be identified and solutions found via a collaborative effort of both parties. stable. that the Internet community must be ensured with an ccTLD so as to formulate separate guidelines on the re-delegation of the administration of the Registry. Speculators would pay $20 a year. honest and competent job. privacy in the registration thereof. If the current registrant renews the domain or the person on the Waitlist simply gets tired of waiting for the domain to expire. DotPH has been offering a wait-list service since September 2002. additional problems. and redelegation of the registry. marketing and promotion of the . and have the ability to do an equitable.

For example.a hatching. Offers of bulk e-mailing services for sending UCE 7.. until one of the wizards finally booted him off.. he came quickly to the conclusion that they are all a bunch of obsessive compulsive nitwits with no life and less literary taste. no. These messages are called by many other names. However. After trying to converse sanely with two or three of the denizens.. and happened onto one of the original Pern MUSHes during their most Sacred Event . a formerly harmless form of electronic advertisement." There are a lot of theories abounding in the Internet as to the reason behind the name but the most reliable is a story. Quack health products and remedies 9. no it is not the kind that we eat. In the technical sense. except that it apparently ingrained itself into the memory of the PernMUSHers. Examples are: 1. A spammer can send hundreds of bulk e-mails per hour.) Cybernothing editor's Note: another source tells me that this actually happened in the summer of 1991. is now gaining attention from the legislative arm of various governments. and the European Union. Stock offerings for unknown startup corporations "My friend-who-shall-remainnameless was. Dee S The Philippine Quarterly IT Law Journal :: Volume 1. This one is a technical term referring to unsolicited e-mail messages appearing in your inbox. the Internet is a worldwide system of computer networks that allows data to be routed and rerouted before the data arrives to its destination. Sending spam mail is amazingly cheap since it only requires a 28. Illegally pirated software ("Warez") [4] The problem There are many spam-caused problems but the most pertinent is the cost borne by the end users. and forever after there was the legend of 'that asshole who spammed us. Chain letters 2. this story makes it back to my friend. Complaints of the end-users inconvenienced by spamming are mounting.. spam. or MLM) told by blue haired former news administrator Nathan J. he assigned a keyboard macro to echo the line: SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM SPAM .. So. Mehl and summarized in www. and he tries very hard to keep a straight face.' Every once in a while. atypical 12 ..cybernothing. Pyramid schemes (including Multilevel Marketing. average Americans spend fifteen hours deleting spam compared to two hours in 2002. rumored to have originated from the MUD/MUSH community. but the most commonly used term to describe it is "spam... spam. a younger and callower man. spam. Marketers who use this form of advertisement are seldom reputable as can be deduced from the most common forms of spam. (Probably true.which would have probably been that last that anyone ever heard or thought of it. Offers of phone sex lines and ads for pornographic web sites 5.Features SPAMMING THE WORLD by Charilyn A.and proceeded to invoke it once every couple of seconds. The routers read the address and then send it to the appropriate router which repeats the same process until the data arrive to its destination. notably of the United States. Offers of software for collecting e-mail addresses and sending UCE 6. circa 1985 or so. The Australian government drafted its version of an anti-spam law because 50% of e-mails received by end-users are spam that resulted in increased download time and Internet access costs. [3] Roughly the same numbers apply in other countries harassed by spam. as the 'eggs' were 'hatching'. . ah. the effect of this falls on the end-users especially those who pay for personal e-mail services. " [ 1 ] Spam. [ 2 ] In the United States. Number 1 pam. Australia.. Each data passing through this network system contains the address of the source and the destination..8 kbps dial-up modem and a PC. Other "Get Rich Quick" or "Make Money Fast" (MMF) schemes 4.

The law prohibits e-mail senders to falsify or disguise their identity by using misleading subject lines. it is the only country waging an active war against spamming through education. Dividing information into packets makes it more manageable and thus avoids data loss. 18% do not know. 19% of respondents say that they are receiving more spam. 3% do not know. that percentage now has jumped to 63%. The law prohibits the harvesting of e-mail addresses from websites and the use of technical means to get around spam blocks. It also strengthened control of illegal labeling of commercial e-mails and protection of juveniles from spamming. and a true return e-mail and postal address must be provided along with a means to optout of receipt of further e-mails. 24%of respondents are receiving more spam than before January 1. Instead of processing only important mails. This creates the delay in sending and receiving mails via the Internet. So just imagine if there was delay in sending and receiving e-mails before spams. or SPAMS. Within the existing customer relationship. have not noticed a change. how much more with the introduction of spams? The problem doesn't end there. With respect to work-related email accounts. Data are lined up in queues of unsolicited mails. Business should not market themselves through false or misleading e-mails. improperly harvesting e-mail addresses. Malaysian authorities preferred to educate the people in using the Internet to protect themselves. and only 11% state that they are receiving less spam. spams create a drag on the CPU of ISPs resulting in lost time and resources of end users. The router can only read the packet at a time. the Can-Spam Act of 2003 went into effect. It banned the distribution and use of email harvesting and list-generating software that allow spammers to make a list of e-mail addresses. as well as an unsubscribe option allowing recipients to stop any further messages. the power of anti-spam legislation is still highly criticized and doubted. The directive requires the consent of the customer before the message can be sent. letters and numbers. it provides that all commercial messages will have to include full details of the sender's name and physical address.The Philippine Quarterly IT Law Journal :: Volume 1. [ 10 ] Malaysia A country that chose to take another route in tackling the issue is Malaysia. and only 20% report that they are receiving less spam. [ 6 ] European Union A directive was drawn up in July 2002 and came into force in October 2003. Furthermore. Pornographic sites are required to give conspicuous notice that the email is a solicitation or advertisement and sexually-oriented and plainly labeled as such. Effective? Despite the best intentions of lawmakers. whereas optout is when the user automatically receives spam and expresses his/her refusal to accept such messages to the spammer via e-mail to whatever address the spammer gave. the percentage of users who report that spam. spamming continues to be a problem. The survey released by Pew Internet and American Life Project shows that even after the implementation of Can-Spam Act. The survey shows an overall increase of email users who have reduced their use of email because of spam from 25% last June to 29% now. Moreover. Number 1 e-mail is virtually divided into "packets" for transmission because its mere size would limit the possibility of a single transmission. or taking advantage of automated systems for generating electronic addresses by combining names. but only four countries brought their national legislation up to the new standards. some countries took appropriate measures. So far. [9] Violators will have a fine of more than $A1 million. 53% have not noticed a change. and be given the opportunity to refuse such usage. United States Last 1 January 2004. These countries differ in whether subscribers should "opt-in" or "opt-out" spam. The survey further shows that: "In terms of emails received on personal email accounts. [ 5 ] Spam abuse legislation In answer to the growing problem of spams. has made being online >> [21] Spamming the World 13 .[8 ] Australia The anti-spam laws of Australia adopted the opt-in policy in receiving unsolicited commercial e-mails. [ 7 ] South Korea The revised anti-spam law of South Korea was successful in curbing the increase of spam. While last June 52% of users said that they are less trusting of email because of spam. Optin is for the user to give consent before receiving spam. 53%. it is reasonable to offer similar products or services provided that with each message the customer should be informed about their further use of the customer's email address in a clear and distinct manner.

M. (c) notices or communication on terms and conditions of contract. private or public. any other notice about the performance of the contract. Singapore. loading or receipt of the goods.Features A SYNOPSIS OF THE E-COMMERCE LAW by Jaime N. Soriano I The Philippine Quarterly IT Law Journal :: Volume 1. received or stored by electronic. transactions. Contract of carriage of goods can therefore be in the form of electronic documents under the ECommerce Act. instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public. declaration or information about the goods. optical and similar medium. 4. regardless of whether the activity or transaction is commercial or noncommercial. 5. [ 3 ] Digital signatures. Electronic documents are recognized as the functional equivalent of a written document for evidentiary purposes. any loss of. acquiring. 2. No. 3. surrendering. integrity. It gives legal recognition to contracts and transactions in the form of electronic data message or electronic documents carrying electronic or digital signatures. nature and quality. The law was also made applicable to actions related to contracts of carriage of goods. sent. mode." which secures and defends sensitive information that crosses over public channel into a form decipherable only with a matching electronic key [ 4 ] normally obtained from an Internet security company. including but not limited to: [ 5 ] (a) statements. However. This law "aims to facilitate domestic and international dealings. It shall have application to any kind of data message or document generated. 02-7-02SC or the Rules on Electronic Evidence that took effect on 1 August 2001. transferring or negotiating rights in goods. renouncing. or. "no paper document used to effect any such action is valid unless the use of electronic data message or electronic document has been terminated and replaced by the use of paper documents. and/or sound in electronic form that represents the identity of a person and logically associated with the electronic document. acceptance. reliability and authenticity of electronic documents." [ 2 ] Essentially. [ 1 ] The Philippines was the fourth country. the law was hailed by observers as a landmark piece of legislation that finally placed the Philippines on the map of electronic commerce. Also known as the "Electronic Commerce Act of 2000". signatures and data messages are admissible in evidence in a legal proceeding depending upon their reliability. or damage to. Both electronic and digital signatures are necessary to ensure the integrity. Electronically generated documents have the legal effect. agreements. Electronic documents. the Supreme Court promulgated A. specific instructions for the release or delivery of goods. The Implementing Rules and Regulations of the e-Commerce Act were adopted on 13 July 2000. (e) acquiring or transferring rights and obligations under the contract. Offer. arrangements. after Malaysia. A paper document issued in these circumstances shall contain a statement of such termination. validity and enforceability as any other legal document. particularly those that qualify as an electronic contract. optical or similar means. the goods. Electronic signature can be any distinctive mark. characteristic. or domestic or international. Congress immediately enacted Republic Act No. instructions to carrier. and other legal requisites for the formation and consummation of contracts may be expressed or executed by means of electronic data message or electronic documents. These contracts shall not be denied validity or enforceability simply because they are in electronic form. and Korea. known as "electronic key. in cases contemplated in (d) and (e). For this purpose. Number 1 n response to the global devastation of computer networks brought about by the "I Love You" virus suspected to have originated from the Philippines. are provided through a secret code. that legislated a law on e-commerce. the law provides: 1. 8792 on 14 June 2000. The replacement of electronic data messages or electronic documents by paper documents shall not 14 . on the other hand. (b) confirmation on the delivery. contracts and exchanges and storage of information through the utilization of electronic. (d) granting. 6.

reproduction. ARELLANO UNIVERSITY SCHOOL OF LAW 15 . Number 1 affect the rights or obligations of the parties involved. p. 6. 5 (e). 25 (5). including the introduction of virus. or corruption and destruction of computer. Government offices. AND THE WAY THEY TRANSACT BUSINESS. Romel. cracking or unauthorized access or interference.A.A. has gained considerable interests. including government-owned-andcontrolled corporations. The Internet. Endnotes 1. as digital technology continue to develop and redefine business models in the information economy. 8.” .A. Any person who has authority to access an electronic file or information is bound by the rules on confidentiality of such file or information. policies and regulation. 8792 R. electronic key for identity and integrity is only available to the person or entity in lawful possession of the electronic key. and make. 3." [ 6 ] 7. CERTAINLY. or alteration of protected materials and intellectual property including electronic signatures. No.J. N. It is intended to serve as a model to countries for the evaluation and modernization of certain aspects of their laws and practices in the field of commercial relationships involving the use of computerized or other modern communication techniques. CENTER FOR E-LAW. 8792 Sec. Internet law continues to evolve as ecommerce dramatically flourishes. without the consent of the owner. (d) other violations of the provisions of the e-Commerce Law. B-1. Internet service providers merely providing access to electronic data message or electronic documents in the ordinary course of its business are generally not subject to any civil or criminal liability. [ 8 ] The model law is intended to promote the harmonization and unification of international trade low and remove unnecessary obstacles to international trade caused by inadequacies and divergences in the law affecting trade as a result of the information technology revolution. but also among legal and policy stakeholders. Penalties of fine and/or imprisonment are imposed for violations as defined under the law specifically: (a) hacking. THE WAY THEY ENTERTAIN THEMSELVES. 27 July 2001. Unless consent is given to another person or party. MILLIONS OF PEOPLE IN EVERY NOOK AND CORNER OF THE PLANET EARTH ARE HOOKED IN REAL TIME TO THE INFORMATION SUPERHIGHWAY AND PARTAKING THE BOUNTY OF DIGITAL TECHNOLOGY. No. 4. The Model Law was prepared and adopted in response to a major change in the means by which communications are made between parties using computerized or other modern techniques in doing business. ibid. Sec. R. alterations thereof. 5. R. No.A. The Philippine law on e-Commerce was patterned after the "UNCITRAL Model Law on Electronic Commerce" adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1996. THE DIGITAL ERA HAS TRANSFORMED THE WORLD INTO A VIRTUAL GLOBAL COMMUNITY THAT IS GRADUALLY AS IN ANY PROCESS OF DRAMATIC CHANGE. R. THE WAY THEY INTERACT. SORIANO. (b) piracy. EVOLVING AND DEFINING A TOTALLY NEW CULTURE OF HUMAN INTERACTION. distribution. 9.A. "New Rules (of Court) for the New Economy". Only persons having legal right to the possession of electronic files can have access. not only among the millions of net users. No. BUT THE INFORMATION TECHNOLOGY REVOLUTION SHOULD BE TAKEN IN THE CONTEXT OF ITS CHALLENGES. OPPORTUNITIES AND BENEFITS. (c) violations of the Consumer Act [ 7 ] through electronic means. Sec. both in local and international levels. or authorize. INFORMATION TECHNOLOGY HAS CHANGED THE WAY PEOPLE LIVE. R. 5 (f). SEVEN DAYS A WEEK. 7. being the backbone of the digital age. there is compelling need for the crafting or re-crafting of laws. THERE ARE INHERENT THREATS AND WEAKNESSES. The Philippine Star. “TWENTY-FOUR HOURS A DAY. transmission. 3. EXECUTIVE DIRECTOR. information and communication systems. THE WAY THEY PURSUE KNOWLEDGE. NOW IS THE BEST TIME FOR PRACTITIONERS OF LAW TO SET THE STAGE FOR WIDER AND DEEPER INVOLVEMENT IN THE PARADIGM SHIFT TO HELP DEFINE THE RULES OF THE GAME AND MAKE INFORMATION TECHNOLOGY WORK. No. Bagares. and for the establishment of relevant legislation where none presently exists. should conduct their transactions electronically within two (2) years from the effectivity of the law. As more and more rules are being adopted and applied governing Internet activities. 8792 Sec. 7394 During its twenty-ninth session (605th Meeting) on 12 June 1996 2. 25. 8792 Sec.The Philippine Quarterly IT Law Journal :: Volume 1. 8. and.

or on an independent basis. Thus. low-cost redress. In contrast. but the place where it pursues its economic activity. and (ii) contracts concluded and performed online. Which law applies? Which authority has jurisdiction in the dispute? Which forum is competent to hear the dispute? Is the decision enforceable? These are some of the questions that all too often arise and for which there is not yet a clear that a computer program without human intervention nsuring users and consumers effective redress for disputes arising from transactions in the online environment is a key element in building trust. which aims at encouraging the parties to reach an amicable settlement of their disagreement. Jurisdiction: is your enterprise website regarded as a branch? Concerning jurisdiction. arbitration in the domain name system and in the automated negotiation process for insurance disputes). this chapter analyses the various alternative dispute resolution (ADR) mechanisms that would provide speedy. There is a widespread awareness of the potential legal barriers arising from recourse to courts in disputes resulting from cross-border online interactions. 16 . it is essential that national legal systems clearly provide for rules on which parties can rely in order to ensure that their choiceof-court clauses will be deemed valid. to binding arbitration.Features OVERVIEW OF SELECTED LEGAL AND REGULATORY ISSUES IN ELECTRONIC COMMERCE Reprinted from E-Commerce and Development Report 2001 of the United Nations Conference on Trade and Development (UNCTAD) [ * ] E The Philippine Quarterly IT Law Journal :: Volume 1. A difference is made in this regard within businessto-business (B2B) and business-toconsumer (B2C) contracts. Thus. the place of establishment of a company providing services via an Internet website is not the place at which the technology supporting its website is located or the place at which its website is accessible. as part of a trustmark or seal programme. which apply a doing business concept for court jurisdiction to assert jurisdiction as long as the interactivity can be seen as a clear link with the State whose courts assert jurisdiction. which imposes on the parties a legally enforceable arbitral award. Number 1 Finding global solutions address global transactions to Disputes in cyberspace: online solutions needed for online problems It is well known that public lawmaking is too rigid. as well as between (i) contracts concluded online and performed offline. mediation in online auction sites. When ADR takes place using computer-mediated communications in the online environment. and too slow adapting to changes to the social. technological and commercial customs of cyberspace. These ODR mechanisms range from those which are fully automated .to most other ODR providers that offer dispute settlement with human intervention. The system could be used in a variety of contexts. if a site is an interactive one.g. generates outcomes . Uncertainty in this respect is detrimental to the trust which private operators will have in the judicial and legal systems of a particular country. it will not change the answer to the first question. The answer to the second question for a large number of countries is also clear: whatever the level of interactivity of the website. As of December 2000. two main questions are addressed: (i) can an Internet site be regarded as a branch or establishment for any legal purpose? and (ii) is the level of interactivity relevant? As regards the first question. the choice-of-court clauses becoming central to any discussion of court jurisdiction. it may lead some countries. too slow in responding to the need for immediate adjudication. private lawmaking and private adjudication are more flexible and readily adapt to the diverse evolving technological and social nature of cyberspace and its changing commercial practices. Given that traditional dispute settlement mechanisms may not provide effective redress in electronic commerce transactions for a large number of the small claims and low-value transactions arising from B2C online interactions. it is often referred to as online dispute resolution (ODR). including within a particular online market place (e. Both e-disputes and bricks-and-mortar disputes can be resolved using ODR. more than 40 ODR providers had been identified. Parties may contract for a range of ODR services from mediation. However. Electronic commerce has increased the need to rely on party autonomy. To assist States in their efforts to accommodate e-commerce. it seems that the tendency is to consider that a website does not qualify as a branch or permanent establishment. this chapter analyses a number of options for countries wishing to develop a set of choice-of-court rules.

businesses have enjoyed a largely tax-free e-commerce environment. there seems to be a growing tendency towards applying taxation in the place of consumption. The problem is not new. Cybertaxation: No escape So far. A consumer may want to limit the availability and use of each of these types of information and may make decisions about entering into a transaction_ based on the extent to which the information will be protected. It is this dilemma . As far as consumption taxes are concerned. Although the unification of substantive law remains the best solution for international protection of privacy and personal data. the question arises whether the tax should be collected in the jurisdiction of the supplier or the consumer. This rule needs to be reassessed against Internet specificity. Whether or not operators can include a choice-of-law clause in their contracts will be determined by the public policy of each State. This is the main reason why Internet operators have been so keen to block all adoption of rules of the same nature for the Internet. since operators over the Internet often develop their own codes of conduct. Furthermore. The EU has proposed that the foreign supplier should register in a EU country for VAT purposes. Given the disappearance of intermediaries who previously collected the VAT. most decisions which have been taken by national courts around the world apply the law of the place where the effect is felt. Concerning torts. on the contrary. and for a large majority of countries where consumers are protected. Thus. authentication (enabling each party in a transaction to ascertain with certainty the identity of the other party) and non-repudiation (ensuring that the parties to a transaction cannot subsequently deny their participation). This is one of the areas that would greatly benefit from an international agreement on common rules of protection for consumers. while allowing for more innovation. goods and services transmitted electronically have not been subject to taxation. Who pays the VAT: buyer or seller? At the centre of the e-commerce taxation debate are two issues: consumption and income taxation. the law applicable would be the one which is more favourable to the consumer. development. the law of the professional who supplied the service or the goods will apply. The United States. the question of applicable law (e. fears of revenue losses from uncollected taxes and duties on Internet transactions have prompted many Governments to work towards internationally agreeable solutions with regard to changing existing tax legislation to take account of ecommerce. personal data about consumer habits.g. and for Governments to investigate and prosecute violations of those rights. Number 1 Applicable law: a new concept of consumer protection As regards applicable law. which will be largely e-commerce importers in the short to medium run. and more personalized service. it is not clear yet who should collect the taxes now. will lessen legal protection of personal information. it is not. it has little interest in collecting VAT for European tax authorities on their ecommerce goods and services exports to the EU. tastes and the like are of great value to any corporation wishing to operate over the net. In other words. Data protection: convenience at the cost of privacy? The question of privacy and data protection over the net is another important issue. would 17 . there is a renewed interest in codes of conduct. being the largest exporter and a net exporter of ecommerce. However. if the law of the location of the consumer is more favourable. Therefore. Legal recognition of electronic signatures: the options As regards encryption and electronic signatures. Developing countries. Removing legal barriers to the free flow of information. but if. It is well known that the value of many Internet corporations depends on the amount of data they are able to gather. the more costly it becomes for companies to comply with those protections. what is new is its scale. it will apply. Under current legislation foreign suppliers are often exempted from VAT This provides incentives for suppliers to locate abroad and gives an unfair competitive advantage to foreign suppliers. States are confronted with an ever-increasing duty to define carefully the limits of their public policy rules. Therefore. while allowing use of that information to make our lives easier . the law of the location of the person whose data are collected) is still pertinent in this context. However. The more legal protection and control individuals are provided with as regards their personal information. In the case of B2C contracts.The Philippine Quarterly IT Law Journal :: Volume 1. Thus.that is the crux of the current data protection debate. This chapter provides a review of the basic approaches to electronic signature legislation together with some recent samples of regional legislation that might guide States wishing to prepare legislation on electronic signatures. an important difference has to be made between B2B and B2C contracts. Such a mechanism must provide for confidentiality. there seems to be a consensus that a mechanism for secure authentication of electronic communication is critical to the development of electronic commerce. it must remain a default rule to be applied only if substantive unification is not possible. Therefore. when the conflict rule clashes with the economic needs of Internet operators. tends towards an originbased consumption tax. in practice it is not always possible to unify all aspects of the law.keeping our personal information private. and not that of the country where the tort was committed. Concerning B2B contracts.

as goods or as services has held up progress on e-commerce in the WTO. (Sec. or by other means. storing. R. 3 (i).) . data. CDs. 8792) "Ephemeral electronic communication" refers to telephone conversations. stored. which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future. No customs duties on digital goods: a fiscal concern? In accordance with a WTO moratorium. retrieved or produced electronically. No. some developing countries have expressed concern about potential revenue losses resulting from uncollected border tariffs. No. by electronic. recording. transmitting. by which a right is established or an obligation extinguished.have an interest in not eroding their tax base by switching to an origin-based tax system. UNCTAD calculations show a potential fiscal loss of approximately US$ 1 billion on border tariffs and US$ 8 billion if other import duties (including VAT) are taken into consideration. or by which a fact may be proved and affirmed. which is received. (ii) a web server hosted by an Internet service provider (ISP) cannot constitute a fixed place of business if the ISP does not carry on business through the server. Developing countries have therefore raised the question of potential fiscal implications if digital products are imported dutyfree. 5 (b). processing. symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of those functions. and other electronic forms of communication the evidence of which is not recorded or retained. 1 (k). figures. No. owing to their higher tariffs applied to digital products. (Sec. even if they are not part of an OECD agreement on Internet taxation. Developing countries. described or however represented. 8792) "Information and communication system" refers to a system intended for and capable of generating. (Sec. 9239) "Electronic Document" refers to information or the representation of information. Number 1 "Computer" refers to any device or apparatus which. No. and should thus start to develop efficient tax collection systems for e-commerce. no customs duties should be imposed on electronic transmissions. and (iv) ISPs cannot be PEs of the businesses whose websites they host. software. figures. is capable of receiving. 8792) 18 . Since they are net importers of e-commerce. 5 (f). they will run a greater risk of losing revenues if traditional imports are replaced by online delivery. R. R. or producing information. receiving. The question of how to define digital goods (books. (Sec. While these amounts are small relative to total government revenue.A. students and researchers on legal terms in IT law preferably from the Philippine context). including sounds and/ or images.A. Rule 2. much of the debate has focused on the issue of the "permanent establishment" (PE) of a business. (iii) a web server can constitute a fixed place of business and thus a PE if it is owned by a business that carries on business through the server. absolute losses from forgone tariff revenues are much higher in the developing countries. 5 (d). either by mastering and/or replication. While border tariffs are normally collected on goods. text messages. transmitted. retrieving. chatroom sessions. While a large number of (mainly developed) countries prefer to extend the moratorium. or software code. Endnotes * Citations omitted LEXICON OF CYBERLAW TERMINOLOGY (This will be a regular section to acquaint law practitioners. storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document. Rules on Electronic Evidence) "Optical Media" refers to the storage medium or device in which information. has been stored. recorded. Is my website a taxable business? As far as income taxation is concerned. (Sec. data.A. electromechanical or magnetic impulse. streaming video. streaming audio. Agreement has been reached at the OECD on the following issues: (i) a website by itself cannot constitute a PE. music etc. sending. symbols or other modes of written expression. The Philippine Quarterly IT Law Journal :: Volume 1.A. This will determine to what extent an Internet-based business will be subject to taxation. processed. they are not collected on services. R. The definition of PE is important for countries that apply source-based income taxation (the majority of countries). should use the agreed-upon rules as a basis for adjusting their own legislation.

56. ALONDAY. Luisa L. 77. ZAPANTA. Edward S. Norman T. 67. (2) 404-3089 to 91 Fax. 59. Regina Paz A. Arth Jhun A. 87. 18. Odgie C. Lope Jr. GOLEZ. Freddie V. 72. 31. E. MELLA. books for review. 33. 52. M. 53. PUNCIA. Sittie Phamy G. Footnotes must be numbered consecutively throughout the article. NATIVIDAD. IROG. 36. MACARAIG. Agapito E. Noel M. Rommel Chrisante F . Michelle D. Franklin A. Felix S. 61. Fredeswindo Jr. TENORIO. double-spaced. 79. RIVERA. the necessity for doing so should be explained. 62. The 91 new lawyers from the Arellano University School of Law are: AGACITA. Ian Steven C. E. 46. GIANAN. CLEMENTE. 11. SACRO. SANTILLAN-VISTO. 2. John Vincent P . Zennia C. Joebil B. Danny J. which should be sent to: The Board of Editors The Philippine Quarterly IT Law Journal Arellano University School of Law Taft Avenue. Loralaine S. MONTEFALCO. representing 20. 84. 20. Clarence S. MACALDO. Clemente M. 3. 85. Lorelee Anne Y. 29. TUAZON-ALBERTO. SUBIERA. GUILLERMO. 3. SIAYNGCO. 28. Geraldine C. DELA CRUZ. Dante E. Arsenio Jr. Jessica A. 42. 34. 49. GAYAPA. Cielita S. Karlo L. Ian P . Neil Randy P . MACARAYA. Ramona P . Louella C. Authors are encouraged to carefully edit their own works. Cathleen Elizabeth L.108 successful examinees of the 2003 Bar Examinations. Maria Alma Corazon H. RAMA. CABASUG. FALCOTELO. n 2 April 2004. 51. TALON. Jennifer A. LIWANAG. 37. DEOCAMPO. SAYAGO. George S. DELMORO. SOLIS. P . Elegio D. 24. 27. 12. 86. Cecilia M. 91. (2) 521-4691 eMail: itlawjournal@arellanolaw. 7. Pearl Joy A. ALAMADA-MAGAYANES. 65. E. FAJARDO. Arnel C. Nonilon L. The manuscript must be typed. 38. 19. Alwin N. LABO. 13. RAMOSO. Romeo Jr. L. Jose Jr.The Philippine Quarterly IT Law Journal :: Volume 1. Barry Boy A. 10. NAIG. 22. 64. LILAGAN. Authors are asked to refer to a recent issue of the Philippine IT Law Journal for style. AQUINO. DE LEON. 6. Kristine Marie Therese O. 32. 81. 26. Maria Rehgeis as should all correspondence. RAMOS. Rochelle Ann L. 66. 1. 74. 14. Leilanie R. and be accompanied by the text on floppy disk in a recognized software. 69. REYES. AGUILAR. 50. CAYABYAB. J. FAJARDO. GALICIA. L. Rizaldy C. Elmer Joseph R. 2. Eduardo Jr. corner Menlo Street Pasay City 1300 Philippines Tels. 55. 40. 43. 73. 21. 68. Ma. Joselito C. Alan Felix Jr. 35. Dennis L. 15. MADELAR. 17. Cliff Richard E. 78. SINGZON. MIRABUENO. OCAMPO. 25. Dencio Jr. PASCUA. Number 1 Contributions are Welcome 91 NEW LAWYERS FROM THE ARELLANO UNIVERSITY SCHOOL OF LAW T O he Philippine IT Law Journal welcomes the submission of contributions with a view to publication. 23. When mathematics is used. 30. JACOB. 75. 8. the Supreme Court released the names of 1. APARICIO. The Board of Editors will only consider material which complies with the following: 1. CADER. Grachielle E. GUILLERMO. Kenneth P . SALVADOR. 70. on one side only of a uniform sized paper. MARIANO. TAGALICUD. Sta. 58. 80. 41. DIZON. 47. Ingemar P . AGUIRRE. MARTINEZ. MANAIG. JIMENO. Ronald L. TAN. MARASIGAN. More detailed guidance will be sent on request. BABANO. COTAY. 4. SALGADO. 63. 57. Adela S. MACARINE. Michelle C. and the major steps in the argument and the conclusions made intelligible to a nonmathematical reader. Ma.71 percent of the total examinees. CALINGASAN. AGBAYANI. LAVARIAS. Rose Anne B. TOBIAS. Roderick P . JAMORA. M. Maria Vida M. 16. A. 9. 5. CASTRO. 39. or mathematics only when its application is necessary for achieving the stated objective of the paper. GUERZON. Rey Christopher D. CHUN. GENESELA. Sheila B. 45. Leo B. 90. Dexter L. SOMERA. 19 . Ludovino Joseph Augusto Jr. Jeremy C. Ma. Rodel R. KATIGBAK. HERNANDEZ. Robertson R. 60. Allan Dexter P . Alfred Joseph T. 71. G. Sharon M. BARRION. 89. NAVARRO. 83. FULTON. 88. Mae Antonnette F. 76. 48. unpublished work which is not being submitted for publication elsewhere. Jason J. FAJARDO. Romeo Jr. Cristina T. The submission is an original. TORRES. 54. GAMBOL. GRIMALDO. Authors may use graphs. Francisco Jr. DY. Marion Gay C. DUMBRIQUE-VILLAVICENCIO. Felipe Jr. Wilfred S. tables. Remelito M. figures. 82. orders and other communications. 44. Romel A. 4. Teresita A.

5. “Request for Comments. Reprinted with permission from http:// www. It uses RFC 1591 [ 9 ] as a basis. Copyright. conferences or presentations on technology law. entitled “Domain Name System Structure and Delegation” was issued by Dr. Soriano. Accessed 9 April 2004. and the academic community at-large always attuned to. In December 2003. Endnotes 1. Sec. Generate grants. and be recognized as a leader in. . All rights reserved. a cyberlaw practitioner. http://www. Neustar website. or bodies. Sec. Section 2. System (DNS) server to translate domain names into IP addresses so that such computers in the Internet may be able to communicate with each other. that the Internet is based on IP addresses. Some developing countries have urged the UN to assume control over many of ICANN's primary functions. the Optical Media Act will serve as an adequate legal support for the enforcement of intellectual property rights in the Philippines. Endnotes 1. DotPH website. remains at US$70 per two years. in and out of the country. but US and European leaders have urged the UN to affirm ICANN's Policies4. icann. the Advocacy Group will pursue policy initiatives and advocacies on the development of information and communications technology as they affect Philippine laws and law practice.” “TLD. Sec. and not on domain names. including the crafting of proactive proposals for legislative or regulatory action.<< [9] Optical Media Disc << [24] e-Law Center · the maximum and fine not exceeding three million news. “IP addresses.webopedia. Retrieved on 28 March 2004 . The activities of these groups would be under the direction. Definitions for “domain name”. seminars. Sections 121 to 160 of the Philippine Intellectual Property Code (R. 18 Ibid. 4. << [24] e-Law Center redelegations. Entitled “Internet Domain Name System Structure and Delegation” (ccTLD Administration and Delegation. http://www. Policies. dotPH website. 8. 3. 8293).com. 3. legal developments in this field. 2004 Jupitermedia .html#more 9. 7. [ 7 ] The large-scale piracy in the country. or funds to subsidize specific studies. Employment of armed resistance will double the imposition of penalty of uniform imprisonment to three years but not more that six years and a fine not exceeding one million five hundred pesos. projects or investigations on a distinct or difficult aspect of technology law.. 2003 Special 201 000063. Number 1 · Regularly organize and hold lectures. It must be registration may be as low as PhP 800 per year (or US$14.. the format of which is a numeric address written as four numbers – each between 0 and 255 – separated by periods. par. 2nd paragraph Ibid. Those who buy and sell pirated discs shall face at least one year but not more than three years of imprisonment and a fine of not less than one hundred thousand pesos but not exceeding five hundred thousand pesos. 19 << The Philippine Quarterly IT Law Journal :: Volume 1. Identifiers for computers or devices on a Transmission Control Protocol/Internet Protocol [TCP/IP] United States Trade Representative (1 May 2003). http:// w w w . sponsorship. however. Article 520 to 522 of the Civil Code of the Philippines. 5. http://www. 13 Ibid. Global issue whether national governments or the private sector should control the Internet The issue whether government(s) or the private sector should control the Internet is not locally isolated. News. 2. particularly to make its students.” RFC 6. Sec. 6. Jon Postel on March 1994.28 as of late March 2004 exchange rates) while . . g o v / r e p o r t s / 2 0 0 3 / 4. study exchange. 10.asp?more=http:// registrarnews. f Ibid.asp 7. ICANN website. Retrieved on 28 March 2004.” and “URL” acquired or retrieved on 28 March 2004 from www. · Establish appropriate linkages with other institutions. industry and the public to study who should control the regulation of the Internet. 20 . Lastly. is a stumbling block to the economic growth of the country.. No.htm RA No. [ 10 ] and the ICANN Governmental Advisory Committee Principles for the Delegation and Administration of Country Code Top Level Domains (GAC Principles). 6 Ibid. Assist in the development of an appropriate infrastructure to make the law school the most technology-friendly institution in the field of law by promoting and enhancing its on-line legal research and interactive legal instructions capabilities. Hopefully. 9239. with the end of view of promoting common objectives. [24] IT Law Society abreast with the developments in this field. United Nations (UN) member countries requested the UN Secretary General to put together a panel of experts from government. which completely disregards the rights of the creators and performers of films and musical recording. u s t r. auspices and thrusts of the e-Law Center. along with ICP-1. The high-tech summit reconvenes in Tunisia in 2005. and thus every Web server requires a Domain Name 2. May 1999). faculty and graduates. sharing resources. and institution of networks along the lines of technology law particularly as it affects the Philippine legal community. Retrieved 28 March 2004. www.A. Retrieved on 28 March 2004 . · The Center was organized on 22 November 2002 and is headed by Professor Jaime N. trainings.

Retrieved on 2 April 2004 from EUobserver.1005158. ME. Junk email runs rampant despite CAN-Spam Act. (25 March 2004).smh. All rights reserved. 3. from Yahoo! News http:// story. Carter. 98.noie.(1998). legislation alone cannot stem the flood of spam in electronic mailboxes. Reprinted with permission from http://www. e u o b s e r v e r. This defeats the purpose of the law which was to save the end-user cost and time. Ibid. within the word processing (Word) or spreadsheet (Excel) http:// www. key-in the same password. Nevertheless. http://www. Section 185.usatoday.Net. Jane (24 July 2003). from InfoWorld.” A Confirm Password dialog box will appear. ” Section 33 (a). Endnotes 1.htm 3." [ 12 ] Anti-spam law in the Philippines? The spam issue in the Philippines is almost insignificant because the number of Filipinos hooked up to the Internet is sparse compared to other XP Home. Australia Tries to Can which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use.A. c o m / index. 8293 provides in part. “Fair Use of a Copyrighted Work. Key-in a password on the box under “File Sharing Option”. http://www.” and “hacker ”acquired or retrieved on 2 April 2004 from www. http:// www. "There's no silver bullet. Retrieved on 2 April 2004 from CAUSE Coalition Against Unsolicited Commercial E-mail http:// www. Williams. xxx xxx xxx Neither were the print-outs certified or authenticated by any company official who could properly attest that these came from IBM's computer system or the data stored in the system were not and/or could not have been tampered with before the some were printed told ElectricNews..” “ ericjsinrod/2004-03-25-sinrod_x. Studies Find More Spam Leaves Bad Taste In Inboxes(30 March 2004). XP Professional are trademarks of the Microsoft 5. condition for the admission of spam/story/0. t h e w b a l c h a n n e l .html 9. Sinrod. c o m / n e w s / 2961291/detail. http://www. There is thus no guarantee that the message sent was the same message received. Retrieved on 2 April 2004 from USATODAY. The Net Abuse FAQ.” When the Save As dialog box appears. HNkoreaspam_1. A Save dialog box will appear. Copyright. 2004 Jupitermedia .html and click “General for information on Linux. http:// w w w.htm 12. click on “File. Number 1 << [3] Mercantile Law Bar Exam << [13] Spamming the World Endnotes 1. visit www. NT. At this point. RA No. "The solution is a combination of legislation. Martin (15 September 2003) Spam falls after South Korea strengthens e-mail law.13427.. To do so. xxxx" 21 .” then “Save com/ news?tmpl=story&cid=711&ncid=711&e=2&u=/ usatoday/ 20040325/tc_usatoday/ junkemailrunsrampantdespitecanspanract 7. the end-user will be forced to bear the continual reception of message he no longer wants.00. The file saved would only be opened if the password so determined would be keyed-in.enn. news.linux. No 'silver bullet' for the monster of junk email. founder of This is to make sure that the end-user is not robbed of his right to make a choice. spams that clogged the end-user's inbox are unwanted and to make the reception of spams automatic will only give the spammer the freedom to send one message after another should the recipient opt to unsubscribe. Those two features of an anti-spam measure are most relevant for now. Another advantage of an opt-in policy is that it can minimize the possibility of a minor's exposure to adult materials because majority of spams sent are pornographic.D.html 2. Richard (27 January 2004). No silver bullet for spam. If an unscrupulous spammer provides a false address.html 4. The possibility that the end-user will spend more time unsubscribing to the spams should be avoided. The last option. 4.infoworld." [11 Admittedly. << [8] Jurisprudence in Cyberspace unpleasant and annoying has jumped from 70% last June to 77% now. Southwick. No. Retrieved on 2 April 2004 from electricnews. Retrieved on 2 April 2004. J. is not available under Windows 98. Mathew (5 November 2003). — xxx Decompilation. Windows Retrieved on 31 March 2004. from Australian Government: National Office for the Information Economy. xxx xxx xxx Not one of the 18 print-out copies submitted by petitioners was ever signed. Asian countries join US-led coalition against spa. the Philippine government should also take up arms against spam in order to alleviate any cost that businesses and individuals may bear as a result of the malpractice." Roger Dean.” on the drop-down menu appearing. Eric J. AFP (22 March 2004). 6. http:// w w w. 2000. however. Sparnmers must provide true addresses to which the recipients will be able to send their refusal to receive any further a r t i c l e s / 2 0 0 4 / 0 3 / 2 2 / 1079823278794. Retrieved on 29 March 2004. either by the sender or the receiver. “Password to open. Retrieved on 2 April 2004 from WBALChannel. http:// www. The Problem.phtml?aid=14227 8.The Philippine Quarterly IT Law Journal :: Volume 1.html?code=9380566 2. Retrieved on 2 April 2004 from smh. On the other hand. click on “Tools“on the tool bar on top right. Junk e-mail runs rampant despite Can Spam Act (25 March 2004) Retrieved on 2 April 2004. Definitions for “hack. says expert. technology and educated users. It is preferable if Congress adopts an opt-in policy. 86% of ernail users report some level of distress caused by spam. Scott and Falk. Clark. Improving/spam. http:// www. Retrieved on 29 March 2004 from Guardian Unlimited. Perrone. R.html 11.

Current Issues. National Youth Commission (NYC).jpg). "Courts" contains information involving the Philippine Court System.0 standards. and 9 contain the bulk of relevant laws. "News and Legal Updates" includes Legal News. Professional Regulation Commission. the Office of the Vice President. structure. International Organizations. executive orders. and Latest Supreme Court Decisions. Legal Ethics.) awphil is a legal web site project of Arellano Law Foundation thru its Information Technology Center. Ocampo-Guerrero and Michael Vernon M. "Jurisprudence" contains decisions and resolutions promulgated from 1901 to 2003. (2) Statutes. (5) Courts. Roll of Attorneys and the Integrated Bar of the Philippines. (11) and Lawyer's Tools. Bar Matters. the Foundation has embarked to digitize and make available through the Internet all Philippine laws. Arellano Law Foundation is a non-stock non-profit institution specializing in legal education.supremecourt. It is so far the most comprehensive repository of Philippine jurisprudence and laws. Government Resources. (3) Executive Issuances. and Proclamation. a navigation bar. Government Service Insurance System (GSIS). the section on "Lawyers' Tools" includes Legal Forms. The website's look and feel corresponds to the familiar online experience one acquires when browsing through the central repository of Supreme Court and standard web image files (. The website is composed of 11 sections: (1) the Constitution. treaties and jurisprudence. administrative orders. Online Publications. Batas Pambansa and Presidential Decrees. the 1935. National Commission for Culture and the Arts. Online Law Libraries. 22 . International Agreements. legal researchers. (6) Administrative Agencies. while "Administrative Agencies" contains information pertaining to the Constitutional Commissions (The Commission on Audit. "Executive Issuance" contains the subsections Executive Orders. and International Resources. Jurisdiction. The frameset structure allows flexibility in the gradual expansion of the website. Commonwealth Acts. the Office of the President.LegalWeb as of this writing. and the 1987 Constitutions. the LawPhil Project of the Arellano Law Foundation (www. the 1973. Commission on Civil Service. the Philippine Supreme Court website (www. Hence. "Statutes" contains subsections pertaining to various kinds of statutes in different era in Philippine history . Sections 1 to 4. Rules of Court. Social Security System (SSS). The section on "International Law" contains the subsections Treaties. and the National Commission on the Filipino Language). while "Legal links" includes subsections on General Legal Resources.Acts. Guerrero L The Philippine Quarterly IT Law Journal :: Volume 1. and Miscellaneous items. lawyers' tools and other legal materials. presidential decrees. statutes.NET: A STEP IN THE RIGHT DIRECTION by Carlyn Marie Bernadette C. Housing and Land Use Regulatory Board. CareerExecutive Service Board. (9) International Law. General Orders. Memorandum Orders. with javascripts. (8) News and Legal Updates.gif and . the National Commissions (Commission on Human Rights. Legal Dictionaries. Latest Laws. (4) Jurisprudence.lawphil. and the main body itself. jurisprudence. Lastly. and law students. The section on the "Constitution" contains all Philippine Constitutions: the Malolos. is one of the more ambitious projects in the legal field that have been initiated to provide law practitioners and law students with tools for legal research. imagemaps. Housing and Urban Development Coordinating Council. the various departments. General Resources. and International Courts. (7) Congress. Pag-IBIG Fund. The section on "Congress" includes the directory. Sections 5 to7 are informative as to the kind of political and legal system that exists in the Philippines. the Bases Conversion Development Authority (BCDA). Realizing the essence of making the law accessible and understandable not only to the legal community but to all sectors of society. (10) Legal Links. Republic Acts. and Bangko Sentral ng Pilipinas. officers and committees and the rules of both the Senate and the House of Representatives. Number 1 (This section is a continuing series of articles featuring various websites which may be relevant to legal practitioners. and Commission on Elections). and look and feel The website is encoded according to HTML 4. The website is structured in a three-panel frameset: a masthead. National Commission on Indigenous People. Local Water Utilities Administration.

we may call what we 23 . Even firstunderstood five (5) years ago or so is timers find using it orderly and very much different from how it is There is a search tool which I can use to locate certain issues or topics. as a whole. congress. only subsequent rulings supersede abrupt giant leap from manual to the rest. though not as comprehensive as a well-known CD based research tool.. With this thereto are concerned. The main page readily shows the laws that have been recently passed. wherein materials as far as Supreme Court cases are linked to the cases and laws decisions are concerned. the use of the site's The website was launched in year 2000. International law. without compromising the inclusion of older laws. cached pages in a very popular search engine. after the site has the ingenious idea of its creators to start completed the incorporation of most compiling these Court decisions of the older laws and jurisprudence starting. With the proliferation of these research "The publication and distribution of tools. to name a few. considering that the website provides the ordinary surfer a whole range of legal resources. in general. courts. at least as far as those consumption. are also suggested. specially the photos that are captured on the front page. lawyers cater to litigants. jurisprudence. Lawphil.lawphil. etc. as well as the current legal issues. the quality of legal services that legal information. without fees. from into the website. promulgate for a span of a hundred years would be completed within a couple of years or so. news and legal updates. It is distributed as additional content is being generated to include more recent laws. information dissemination" is the or to find cases corresponding to the Lawphil. Among all of the available proprietary citations of case local websites concerned with the same compilations of the two biggest law objectives. of course. it is simple yet appealing. As to the design. and thus provides a means to avoid the invocation of 'ignorantia legis non excusat.400 site elements by October 2003. to complete the files of "Quite inconspicuously.The Philippine Quarterly IT Law Journal :: Volume 1. legal links and lawyer's tools. have all who have comparatively usual access been significantly enhanced." -JL modern method. jurisprudence. a leap from Number 1 Development The development of the site is clearly one that is aggressive and distributed. (local or global). Inter-linked pages. available in just a click of the mouse. the decisions promulgated by courts." MI "The site is a step in the right direction. in forms of laws. etc. among brand of having the most updated others. This positive cited are linked. and the legal legis neminem excusat" almost moot research methods for public or private and academic. encompass various subject matters. statutes. executive issuances. generated by Lawphil the legal knowledge of the "laymen" has rendered the maxim "ignorantia (litigant or otherwise). The justice system as systematic and user-friendly. is a helpful and easy access research tool which will definitely be of use to me as I hurdle my remaining years in law school." -RS the more recent rulings. It is aggressive in such a way that the site has at least The scroll bars on the left side of the page which include the Constitution.700 site elements existing March 2003. the endeavors way to start establishing the site for after involved in the justice system took an all. considering the pace of development as to the consolidation of legal content. Laws and statutes The element which greatly affected this updates and segments on current legal change is the birth of cyber-legal issues are very instructive and research tools which are made readily enlightening. jurisprudence. in equal pace. This is just a brilliant of the computer age. comprehensible. etc. but the starting point resulting to this "In the Philippines. administrative agencies. Surfers' comments "The site is user-friendly. which have not been previously included in the repository. while striving. the quality of jurisprudence and legal opinions. the search tool may be a feature that needs to be improved on. have now as a "modern justice system". one of the kind of search right now is through the forerunners of "cyber-legal search engine and not the website). It is likely that the inclusion of older laws and jurisprudence. Lawphil has an idiosyncratic book publishers in the country. Lawphil's layout is just mechanical. Still.' It is a concrete step of bringing the law to the people. by way of providing unsolicited advise. with the advent the earlier ones. and concentrating more. to highlight the words being looked up (although this is available through The homepage of the LawPHil Project (http://www. distinction has been brought about by These. or a 198 percent increase in site content for a period of only seven months.

to local developments in the field of IT take the lead within the academic circle law. In the Guerrero. Number 1 The global development in information technology resulting from the phenomenal convergence of computers and communications has brought about a new face and challenges in law practice and legal education. · Maintain the most complete.The Center and the Society DIGITAL LAW & THE IMPERATIVES OF THE E-LAW CENTER by Jaime N. The up-to-date information system. Dee. Ailyn Cortez. secretary. and library of resources shift is inevitable. As information technology dramatically affects the way people live. Peter Joseph L. and regulatory action. Cristina A. and 4) Advocacy. and and traditional approach to legal and Education. involved in updating. Forteza. critique and publication of papers of global and local developments in this area. Governments. Philippines. 2. treasurer: Charilyn A. the Arellano University Philippine legal system. Atty Jaime N. not only In the light of the foregoing information technology as it affects the to the students and faculty of the imperatives. seminars. Guerrero. is the organization's adviser. Seminars and Education will be · Pursue policy initiatives and in the areas of research. The Society intends to take a lead role in promoting growth and development of Cyberlaw in the country. Carlyn Marie Bernadette C. but also to researchers. OcampoGuerrero. adherence to the highly conservative Research and Publication. organized. Soriano. conducting on information technology that will researches and studies in the field of cater and be accessible. trainings. to enable law students. the paradigm Web Development Group will be database. >> [20] e-Law Center >> [20] IT Law Society 24 . Jaime Soriano. The Society formally convened on 10 January 2004. functioning publication of papers on global and general. School of Law caused the creation of Publication will be engaged in the policy makers and the public. 3) Seminars comprehensive. Soriano THE BIRTH OF THE IT LAW SOCIETY by Carlyn Marie Bernadette C. · Conduct research and studies in the field of information and communication technology as it affects the Philippine legal system including the monitoring. Guerrero T The Philippine Quarterly IT Law Journal :: Volume 1. Carlyn Marie Bernadette Ocampotechnology developments within Guerrero. and Ma. Cristina Ramos. the law must be technology neutral and must always adapt to the needs of the times. Ma. within its organizational framework. and the general public all over the world have started to prepare for this technology revolution. Ailyn L Cortez. a body. much has to be desired in this area from the academic The organization is divided into four community because of its strong groups: 1 ) Web Development. and legal education that lectures. Michael Vernon their respective institutions. Research and law school. advocacy head. international bodies. Ramos. Many law schools and bar associations kicked-off the formation of units dedicated to information (From left) Peter Joseph Fauni. president. Needless to say. in the "e-Law Center". Unfortunately. it also affects in the same degree almost every aspect of existing legal systems and relationships. policy active in organizing and holding advocacy on the development of advocacy. Atty. publication head. and Aileen T. Elected officers of the organization for 2004-2005 were: Michael Vernon M. education. seminars head. Executive Director of the e-Law Center. so to speak. T he information Technology Law Society (ITLS) is the support organization of the e-Law Center of the Arellano University School of Law. faculty and including the crafting of proactive other members of the academic proposals for legislative or The Center has the following objectives: community always attuned to. web development head. Philippine law on information and addresses the developments in conferences or presentations on IT law communication technology technology law. Fauni.

Sign up to vote on this title
UsefulNot useful