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Module 3

BITE OF THE CRACKERS

Introduction and Advanced Organizer

Internet use in the Philippines has grown rapidly and provides several opportunities for Filipinos in
almost every area like education, government, business, personal use, etc. These opportunities like e-
learning, e-commerce, easy access to government websites, sending and receiving emails, joining forums
and posting pictures in social networking sites can bring about threats to us, Filipinos. One of these
threats is the cybercrime which is, any illegal and criminal activity committed in the internet (Lavina,
2012). Malicious software or malware can enter into our electronic gadgets such as cellphone, tablet,
iphone, ipod, laptop and other instruments using communication networks and medium like wi-fi. Network
infrastructure of telephone companies like Smart, Globe, or Sun can be a venue to enter into personal
accounts of any target victim. There are criminal activities committed now in the cyberspace (internet) like
credit card fraud, spams, phishing, interrupt on-going processes or system and software piracy. These
illegal activities in the internet, usually done by black hackers, pose danger to human rights since it
invades our privacy. Apprehending perpetrators is based on law of the country where it may happen.

Learning Outcomes
At the end of lesson, the student should be able to:

1. Evaluate the given scenarios and identify if they fall under cybercrime offenses.
2. Formulate a concept map of the given movie and apply the ideas found in this module.
3. Compile and outline the different privilege speeches on cybercrime law of at least three senators
and congressmen of the current Congress of Philippines.

Required Readings
Caluya, Erise, Lavina, & Rebong. (2012). Ethics for I.T. Professionals with Legal Aspects in
Computing. Manila, Philippines: Mindshapers Co., Inc. (Chapter 5 Computer Hackers
and the Cyber Crime Law)
Reynolds, G. (2012). Ethics in Information Technology, 4 th edition. USA: Thomson Learning Inc.
(Chapter 3 Computer and
Internet Crime)
Quinn, M (2012); Ethics for the Information Age, 5 th edition. USA: Pearson Education, Inc.
(Chapter 7 Computer and Network Security)
Philippine Government Official Gazette. (n.d.). RA 10175 or Cybercrime Prevention Act of 2012.
Retrieved June 4, 2014, from http://www.gov.ph/2012/09/12/republic-act-no-10175/
LawPhil WWW. (n.d.). RA 9995 or the Anti-Photo or Video Voyeurism Act of 2009. Retrieved
June 4, 2014, from http://www.lawphil.net/statutes/repacts/ra2010/ra_9995_2010.html
LawPhil WWW. (n.d.). RA 9725 or Anti-Child Pornography Act of 2009. Retrieved June 4, 2014,
from http://www.lawphil.net/statutes/repacts/ra2009/ra_9775_2009.html
LawPhil WWW. (n.d.). RA 9208 or Anti-Trafficking in Person Act of 2003. Retrieved June 4, 2014,
from http://www.lawphil.net/statutes/repacts/ra2003/ra_9208_2003.html
DTI WWW (n.d.). RA 8792 or E-Commerce Act of 2000; Retrieved June 4, 2014, from
http://www.dti.gov.ph/uploads/DownloadableForms/RA8792%20-%20Electronic
%20Commerce%20Act.pdf
LawPhil WWW. (n.d.). RA 8482 or Access Device Regulation Act of 1998. Retrieved June 4,
2014, from http://www.lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html
LawPhil WWW. (n.d.). RA 3815 or Revised Penal Code. Retrieved June 4, 2014, from
http://www.lawphil.net/statutes/acts/act_3815_1930.html

Lecture Notes
The ability of the internet to connect to people, government, business, schools, and even churches
makes internet infrastructure an attractive target for illegal activities. The illegal and criminal activities in
the internet or cyberspace are called cybercrimes. Here are some criminal activities in the cyberspace -
credit card fraud, e-mail espionage, spams, software piracy, pornography, and cyber defamation. To
apprehend the perpetrators of these crimes, each country needs to pass a law.
In the Philippines, the government recognizes the vital role of information and communications
industries in the nations overall social and economic development. This is manifested in the passage of
cybercrime laws by congress. These cybercrime-related laws are: RA 10175 or Cybercrime Prevention
Act of 2012, RA 9995 or Anti-Photo and Voyeurism Act of 2009; RA 9725 or Anti-Child Pornography Act of
2009, RA 9208 or Anti-Trafficking in Person Act of 2003; RA 8792 or E-Commerce Act of 2000; RA 8482
Access Device Regulation Act of 1998; and RA 4200 or Anti-Wiretapping Law.
In June 2000, RA 8792 or Electronic Commerce Act (first law to penalize cybercrime) was signed into
a law and placed the country on the list of countries which penalizes the cybercrime. The latest of which
was signed by President Benigno Aquino on September 12, 2012, the RA 10175 or the Cybercrime
Prevention Act of 2012. In the declaration of policy RA 10175, it states The need to protect and safeguard the
integrity of computer, computer and communications systems, networks and databases and the confidentiality, integrity,
and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making

punishable under the law. The provisions are adopted from the first International Convention on Cybercrime.
But the implementation of the law was deferred up to this moment when the Supreme Court issued a
temporary restraining order (TRO) against the law last October 9, 2012 after 15 petitioners filed against it.
The following are the cybercrime offenses in this law:
A. Offenses against the confidentiality, integrity and availability of computer data and
systems. This includes:
1. Illegal access - there is an intentional (may be an attempt) access to the whole or any part of
computer system without right or permission. The best illustration of this is when you entered
a computer laboratory and you saw an opened Facebook account and used this account in
posting messages.
2. Illegal interception - obtaining information from illicit listening, recording, monitoring or using
surveillance telecommunication devices. This means, if you wire tapped the conversation of
any person without his permission, like the Hello Garci scandal (the alleged conversation
between then Election Commissioner Mr. Virgilio Garcillano and former President Gloria
Macapagal-Aroyo during the 2006 presidential election), you will be charged of illegal
interception. An exception to this is when you are doing random monitoring or full utilization of
service observation such as mechanical or service control quality checking. For example, one
of the preventive maintenance of PLDT telecommunication is a random checking of their
infrastructure line. The elements of illegal interception are: (Lavina, 2012)
a. It must be intentional;
b. It must be by technical means;
c. The person involved is without any right to do the interception;
d. The transmission of computer data to, from, or within a computer system is non-
public;
e. It must not fall in any exemption.
3. Data interference - altering computer data without right. For instance, if there is correction of
grade of the student, neither the department chair nor the dean is allowed to change the
grade given by the teacher. The teacher is the one who will process it.
4. System interference - intentional intrusion (input, transmitting, deleting or altering) in a
running system. Manipulation of the program codes of an election system is an example.
5. Misuse of device accessing the computer or computer password without permission for the
purpose of committing any of the offenses under this law. Using an internet cafe to launch a
malware attack to a system is a sample.
6. Cyber-squatting - using domain names which is similar or identical to existing registered
trademarks or owners name of the trademarks illegally acquired over internet.
B. Computer-related offenses include:
1. Forgery can be intentional or authorized fabrication of a false signature in computer data or
document and purports to be authentic. A husband who is out of the country requested his
wife to forge his signature on the pawnshop document is an example of authorized forgery.
While a wife who signed a legal document like deed of sale without the knowledge of the
husband is intentional forgery.
2. Fraud - The intentional and unauthorized input, alteration or deletion of computer data or
program or interference in the functioning of a computer system. For example, suppose your
family has a hardware store with computerized sales and inventory system. As an IT student,
you know how the source codes behave. During the monthly report, you manipulate the data
so that sales and the inventory stocks will reconcile and you can keep a small amount of
money from the hardware. Reminder: Dont do it... remember ... good values....
3. Identity theft makes use of another persons information or identity in operating illegal
activities or exploiting the possession of the person for his benefits. Common illegal activities
are withdrawing or transferring funds for his account, purchasing items and charging them to
the account of victim, or using legal documents under the victims identity.
C. Content-related offenses. These are:
1. Cybersex an activity of any person who maintains or controls, directly or indirectly, any
operation for sexual activity with the aid of computer infrastructure for any favourable
considerations like money or any material things in return of this act. For a person to be
guilty of cybersex as defined by the cybercrime law, ALL the following elements must be
present (Lavina, 2012):
a. There must be an operation for sexual activity or arousal;
b. The sexual activity or arousal is done with the aid of or through the use of a computer
system;
c. The activity is done in exchange of a favor or consideration, if one of the parties will
benefit out of the act; and
d. The operation is established, maintained or controlled by a person directly or
indirectly.
Take for example a separated couple who during their distance chatting, performed a
sexual act. Is this a crime? The answer is NO. There is no material consideration, and
sex is part of the life of husband and wife relationship, except that they had it in the
cyberspace. What about those couples who are in a boyfriend-girlfriend relationship but
also engage in such an act? Is this also a form of cybersex? The answer is YES, since
sex is not part of the moral obligation in boyfriend-girlfriend relationships. In some cases,
the sex video becomes an instrument to blackmail the girl involved in the video.
2. Child pornography - Any explicit depiction of sexual subject matter or display of material of an
erotic nature is considered pornography. If the object of the pornographic material is a minor,
it is considered child pornography. There are pornographic sites in the internet which display
nude pictures and are used for sex trafficking.
3. Unsolicited commercial communication - the transmission of non-permitted commercial
electronic messages which seek to advertise, sell or offer products and service. These are
prohibited unless the recipient affirmed it or there is an option to reject the incoming
unauthorized messages. An example is when you received a text message that offers 10%
discount of an item if you visit a store or an establishment on or before a certain date.
4. Libel the Revised Penal Code states that public or malicious imputation of a crime, or of a
vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance
tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead. Libel is an offense committed by means of writing,
printing, lithography, radio, photograph, painting, cinematographic exhibition or any similar
means (Lavina, 2012). A radio commentator or a television reporter maybe charged with libel
if his comments are baseless or not backed-up with pieces of evidence.

Any person found guilty of a cybercrime shall be imprisoned for six (6) years and a day to twelve
(12) years (under the Revised Penal Code) or a fine of at least two hundred thousand pesos (P200,000)
but not exceeding one million or both.

Learning Activity 1

In your first activity, your task is to assess and evaluate one complete case related to the
cybercrime activities in the Philippines. You may use the case decided in the Regional Trial Court, Court
of Appeal or Supreme Court. Dont use the Kho and Halili case, since it is already illustrated in our text
book. You can visit the website of the Philippine Supreme Court or our College of Law Library. Use the
format below:

Deadline: August 15, 2014 until 11:59 midnight.

FORMAT:
Title: Give the case details. Use the format of the sample below.
Example; Cecilia Zulueta, vs. Court of Appeals and Alfredo Martin
[G.R. No. 107383. February 20, 1996]
Description: Brief description of the case.
Decision: Give the decision of the court.
Reflection: Write you assessment and evaluation of the case based on your understanding
of this module. Include the merits and demerits of the case.

Rubric for Learning 1

Exempl Exceeds Achieve Needs


Criteria Unsatisfactory
ary Expectations s Improvement
Content 5 4 3 2 1
Information is
accurate.
Discussions/descriptio
ns are well-thought
out.
Information/ideas are
interconnected.
Reflection is
logical/sensible.

Learning Activity 2
You are required to find (buy or borrow) the original copy of the movie Hackers. On a short bond
paper, formulate a concept map and apply the ideas found in this module. You may watch the movie per
group BUT the review paper is constructed individually. Use the assessment rubric as guide in your
review.

Deadline: August 22, 2014 until 11:59 midnight.

Assessment for Activity 2

Needs
Criteria Exemplary Exceeds Expectations Achieves
Improvement

Content 5 4 3 2
Shows an understanding Makes many mistakes in
Makes some mistakes in Shows no
of the topics concepts and terminology and shows a
Concepts and terminology or shows a few understanding of the
principles and uses lack of understanding of
Terminology misunderstandings of topics concepts and
appropriate many
concepts principles
terminology and notations Concepts
Knowledge of Identifies all the important Fails to use any
the concepts and shows an Identifies important appropriate
Makes many incorrect
Relationships understanding of the concepts but makes some concepts or
connections
among relationships incorrect connections appropriate
Concepts among them connections
Constructs an appropriate
and complete concept
Places almost all concepts
map and includes Places only a few
in an appropriate hierarchy
Ability to examples; places concepts in an appropriate
and assigns linking words Produces a final
Communicate concepts in an appropriate hierarchy or uses only a
to most product that is not a
through hierarchy and places few linking words;
connections; produces a concept map
Concept Maps linking words on all produces a concept map
concept map that is easy to
connections; that is difficult to interpret
interpret
produces a concept map
that is easy to interpret
Source: http://ellms2.wikispaces.com/file/view/Concept+Map+Rubrics.pdf

Learning Activity 3
Your task is to compile and make an outline of privilege speeches of our law makers (senators
and congressmen) regarding the cybercrime law.

Outlining a short verbal sketch that shows in skeleton form the pattern of ideas in text.
It is a draft prepared for speaking or when writing often with main and sub-ideas
highlighted by numbers and letters. It is a form of note taking that gives a quick display
of key issues and essential supporting details. It has indentions, numbers and letters to
show levels of importance.

Your research is expected to be complete, concise, clear and properly formatted. You are required to
upload your report in Moodle on or before August 27, 2014 until 11:59 midnight.

Rubric for Learning 3

Excellent Good Adequate Unsatisfactory

Points 5 4 3 2

Main topic Outline contains full Outline contains full Outline does not contain
No information about the main
organization (from the information from each of information from most of full information from most
topics
topic headers) the main topics the main topics of the main topics
Outline contains full
Supplemental Outline contains full information from much Information from much of
information (from the information from the main of the main body, the main body, including No supplemental information
main text body) body, including side notes including most side many of the side notes
notes
Outline is hierarchically Outline follows most Outline tends to not be
Organization and organized, with clear main rules of organization, but structured or key points
No outline completed
readability points and an easy to may pose some are difficult to recognize
follow format challenges in structure and interpret
Number of speeches 7 or more 5-6 3-4 1-2

Source: http://www.heritagehawks.org/faculty/sthames/Rubric%20for%20Outlining%20100%20points.htm

Learning Activity 4
Answer learning activity 4 on August 29, 2014 until 11:59 midnight.

Multiple Choice.
Choose the letter that best completes the statement or answers the question.

____ 1. Assuming employee X has the right to access the student records and forgets to
logout the system before going to a lunch break. Meanwhile, employee Y is given the
permission to use the PC of employee X and notices the opened file so browses the
system. Is employee Y guilty of illegal access?
a. No, he just browsed through the system. c. Yes, he has no right to access the system.
b. It depends, if he changed some of the d. No, employee X has the liability by not
data, he is guilty. protecting the system.
____ 2. Assuming employee X logged out of the system and employee Y guessed the
username and password. Is employee Y guilty of illegal access?
a. Yes, because he tried to open the system. c. No, he did not guess the correct
password.
b. It depends, if he guessed the correct d. Yes, if he got some information from the
username and password. system.
____ 3. The dean of College X changed the INC/LFR grade of a student who complained
about the grade he got from Teacher Y. Is the dean guilty of illegal access?
a. Yes, he is the dean and has jurisdiction c. No, he is the dean and has jurisdiction
over Teacher Y. over Teacher Y.
b. Yes, he is not authorized to change grade d. No, he is not authorized to change any
given by Teacher Y. grade given by Teacher Y.
____ 4. A student filed a complaint against teacher Y for an unjust grading system used
inside the class. The dean randomly accessed the electronic class record of teacher Y. Is
the dean guilty of illegal access?
a. Yes, he is the dean and has jurisdiction c. No, he is the dean and has right to
over teacher Y. randomly check the class record of
teacher Y who has been the subject of
complaint.
b. Yes, because random checking of d. No, he doesnt have the right to randomly
electronic class record is not allowed. check the records of all of his teachers
(privacy law) even if the teacher was filed a complaint.
____ 5. Does the Cybercrime law penalize the persons actually engaged in Cybersex?
a. Yes, because they exposed themselves in c. No, because they both agreed to do it.
the internet.
b. It depends, if there are favors in return of d. No, because there are private sex videos
the act. maintained only by the persons.
____ 6. If person A is the owner of the internet shop, and allowed cybersex in his
establishment, is he liable of the cybercrime?
a. Yes, because he has the knowledge of the c. No, because he is not actually the person
act. engaged in the cybersex.
b. Yes, he did not indicate in the business d. No, he did not force the girl to do the
permit the nature of his business. cybersex with her client.
____ 7. Employee A is one of the staff of LTO. Person B is a friend of Employee A and
missed the due date for renewing his car registration. With help of Employee A, the
records did not show any penalty. What type of illegal access was made by Employee A?
a. System interference c. Forgery
b. Data interference d. Fraud
____ 8. To be able to play in the UAAP senior basketball, Student A changed his birth
year from 1996 to 1995 and his coach was aware of what he did. What element of
forgery was committed by Student A?
a. Active forgery c. Forgery with consent
b. Selective forgery d. Passive forgery
____ 9. Company A was granted to provide the computerized election system. During the pre-
election trials, all the stakeholders approved of the software to be used in the election.
But during the election proper, different softwares were used in the election. What kind of
computer-related crime was committed by Company A?
a. System interference c. Forgery
b. Data interference d. Fraud
____ 10. Part 2 of Chito Mirandas video scandal is now circulating in the internet. If the
girlfriend of Mr. Miranda will file a case against the one who uploaded the video, can she
use RA 9995 or the Anti-Photo or Video Voyeurism Act of 2009?
a. No, the case is the same with Katrina c. No, the case will fall under RA 9262 Anti-
Halilis. Violence Against Women and their
Children of 2004
b. Yes, the time the video was uploaded was d. Yes, since it can be included according to
beyond the implementation of RA 9995 RA 9262
____ 11. A person who enters into a business system to gain personal profit is
_____________.
a. Cybersquatter c. Cyberterrorist
b. Cyberspy d. Cybercriminal
____ 12. Person A maintains Company B domains in which he is not connected. He is
considered as _____________.
a. Cybersquatter c. Cyberterrorist
b. Cyberspy d. Cybercriminal
____ 13. A student who tests the limitations of the school system out of curiosity is a/an
_____________.
a. White hacker c. IT practitioner
b. Black hacker d. IT user
____ 14. A statement which harms the reputation of a person and found to be untrue is considered
_____.
a. Defamation c. Fraud
b. Forgery d. Unsolicited communication
____ 15. The imprisonment penalty of those who violated the cybercrime law is derived from ____ .
a. RA 9995 or Anti-Photo and Voyeurism Act c. Revised Penal Code
of 2009
b. RA 8792 or E-Commerce Act of 2000 d. RA 9725 or Anti-Child Pornography Act of
2009
____ 16. The law that placed the Philippines in the list of countries which penalizes
cybercrime is _____.
a. RA 9995 or Anti-Photo and Voyeurism Act c. RA 10175 or Cybercrime Prevention Act of
of 2009 2012
b. RA 8792 or E-Commerce Act of 2000 d. RA 9725 or Anti-Child Pornography Act of
2009
____ 17. Which law is under temporary restraining order by the Supreme Court?
a. RA 9208 or Anti-Trafficking Law c. RA 4200 or Anti-Wiretapping Law
b. RA 10175 or Cybercrime Prevention Act of d. RA 9725 or Anti-Child Pornography Act of
2012 2009
____ 18. Which computer crime is the most common to all computers?
a. Phishing c. Online scam
b. Virus or malware d. Spams
____ 19. The case filed against the perpetrator of I Love You virus in 2000 was
dismissed because _____.
a. There was no law punishing the act. c. The perpetrator is a minor.
b. No evidence was presented. d. US has no jurisdiction in the Philippines.
____ 20. Which components are considered by computer systems?
a. Program or source code c. Computer and mobile phones
b. Computer password d. Computer storage devices