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Naga College Foundation, Inc.

COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

Term: PRELIM

Topics Covered:
● Digital Citizenship
● Nine Elements
● Information and Communication Technology Laws in the Philippines:
● RA 9995
● RA 10173
● RA 9775
● RA 10175
● RA 8793
● RA 4363

Learning Objectives:

● Define digital citizenship.


● Understand the rights and responsibilities of a digital citizen
● Identify and evaluate different tools used to communicate and connect digitally.
● Describe and demonstrate the appropriate use of digital technologies to conduct various tasks and solve
problems.
● Participate responsibly, communicate effectively and respectfully with other digital media and online community
● Awareness of the existing laws with the use of information and communication technology (ICT) in the
Philippines.
● Digitally responsible on using the information and communication media in day to day life.
● Understand the scope of each ICT laws implemented in the country.

Topic 1 Notes Discussion


● Meaning of Digital Citizenship
is the continuously developing norms of appropriate, responsible, and empowered technology
use.
refers to responsible technology usage

To help students achieve and understand digital literacy, as well as ensuring cyberbully prevention,
online safety, digital responsibility, and digital health & wellness.

Objectives
• To lead and assist others in building positive digital experiences
• To recognize that our actions have consequences to others
• To participate in a manner for the common good

● Nine (9) Elements:

1. Digital Access

full electronic participation by members of society. To become productive citizens, we need to


make sure that no one is denied digital access, but DIGITAL ACCESS comes with
RESPONSIBILITIES. Inappropriate use may result in loss of access or even imprisonment.

2. Digital Commerce

​ electronic buying and selling of goods.

Although shopping online is easy, buyers and sellers need to be cautious. Many goods and
services conflict with the laws of some countries and violate the morals of some individuals, such
as illegal downloading, gambling, fraud, scams, invasion of privacy, identity theft, and so on. Users
need to learn about how to be SAFE consumers in the digital economy.

3. Digital Communication & Collaboration

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

​ electronic exchange of information.

21​st​ Century types of communication include: e-mail, cellular phones, and instant
messaging.

4. Digital Etiquette

​ electronic standards of conduct or procedure. Everyone must learn digital etiquette.

​ which means appropriate conduct while using the Internet.

Normally, people are polite in formal situations where they encounter strangers.
Unfortunately, some individuals act rude on the Internet because the situation seems anonymous.
As technology improves, the Internet will provide a place to interact face to face with people far
away. Protecting your reputation will be necessary for building your success as a Digital Citizen.

5. Digital Fluency/Literacy

​ the process of teaching and learning about technology and the use of technology.

Digital citizens must learn new ways to learn in new situations. In other words, learners
must be taught to learn anything, anytime, anywhere.

Technology is used differently in the 21​st​ As new technologies emerge, we must learn
Century in banking, business, military, and medicine. how to use new technology quickly and
appropriately.

6. Digital Health and Welfare

​ physical and psychological well-being in a digital technology world.

Eye safety, repetitive stress syndrome, neurological damage, and sound ergonomic
practices are issues that need to be addressed in a new technological world. Beyond the physical
issues are those of the psychological issues that are becoming prevalent such as Internet addiction.
need to taught of the inherent dangers of technology.

7. Digital Law

electronic responsibility for actions and deeds. Digital law deals with honest use of technology.
Hurting others or their work is a crime. Users need to know the laws.

Violating laws can result in criminal penalties or civil liability. Criminal penalties can result
in fines or jail time. Civil liability means that you can be sued and forced to pay damages
monetarily (paying money to the winner of the lawsuit). Illegal and unethical ways of behaving
include: hacking information; illegal downloading of music; plagiarizing (copying or using someone
else’s work and saying it is yours); creating destructive computer worms, software viruses, or
Trojan Horses that destroy information; sending spyware or messages to deceive; or stealing
anyone’s identity, money, or property.

8. Digital Rights & Responsibilities

​ those freedoms extended to everyone in a digital world.

Digital citizens have the right to privacy as long as they are not pretending to be someone
else. Digital citizens have the right to free speech as long as what they say does not hurt someone
else.

9. Digital Security & Privacy

​(self-protection) electronic precautions to guarantee safety.

We need to have virus protection, backups of data, and surge control of our equipment. As
responsible citizens, we must protect our information from outside forces that might cause
disruption or harm.

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

R.E.P.

R​ESPECT ​ ​ access, law, etiquette

E​DUCATE ​ ​ communication, literacy, and commerce.

P​ROTECT​ ​ health and wellness, rights and responsibilities, and safety and security.

Students should:

o participate safely in online activities!


o observe copyright by citing sources!
o think critically about information intended to influence viewers' opinions or actions!
o use technology in responsible and ethical ways!
o take a proactive approach to learning, using assessment and self-direction to optimize
progress!
o seek ways to improve productivity and quality!
o exchange ideas and perspectives globally through interaction, collaboration, and publication!
o explore the influence of societal and technological progress!

Topic 2 Notes Discussion


Information and Communication Technology Laws in the Philippines:

PROHIBITED ACTS:
​ forbidden by law

● RA 9995 – Anti –Photo and Video Voyeurism Act of 2009


​ The law makes it a crime to take photos of a naked person without his/her consent, and also to
record a video of people having sex without their consent.

​ Irwin Tieng, ​the main author of​ Republic Act 9995.

SCOPE:
a) To take photo or video coverage of a person or group of persons ​performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as the naked or
undergarment clad genitals, public area, buttocks or female breast ​without the consent of the
person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy;

b) To copy or reproduce​, or to cause to be copied or reproduced, such photo or video or recording of


sexual act or any similar activity with or without consideration;

c) To sell or distribute​, or cause to be sold or distributed, such photo or video or recording of sexual
act, whether it be the original copy or reproduction thereof; or

d) To publish or broadcast​, or cause to be published or broadcast, whether in print or broadcast


media, or show or exhibit the photo or video coverage or recordings of such sexual act or any
similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

• The first act speaks of “circumstances in which a person has a ​reasonable expectation of
privacy​”, what does this mean?

It means circumstances in which a ​reasonable person​ (may katwiran) would believe that:

He/she could disrobe in privacy, without being concerned that an image or a private area of
the person was being captured; or a private area of the person would not be visible to the public,
regardless of whether that person is in a public or private place.

• What is the meaning of “​private area of a person​”?

a) To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as ​the naked or
undergarment clad genitals, public area, buttocks or female breast​ without the consent of
the person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy;

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

• If there’s an undergarment (e.g. brief or panty) covering the private parts, is this still covered by
the law?

YES.

a) To take photo or video coverage of a person or group of persons performing sexual act or any
similar activity or to capture an image of the private area of a person/s such as ​the naked or
undergarment clad genitals, public area, buttocks or female breast​ without the consent of
the person/s involved and under circumstances in which the person/s has/have a reasonable
expectation of privacy;

• What if the photo shows the breasts of a man, is this covered by the law?

NO. ​The law only covers​ f​ emale breasts.

• If the photo shows only the side of a female breast, without the nipple, is this still covered by the
law?

YES. ​The term​ “female breasts” ​includes​ “any portion of the female breast”.

• What is the meaning of​ “capture”?

​ ​With respect to an image, it means to videotape, photograph, film, record by any means, or
broadcast.

• What if the other person was aware of and consented to the taking of the photograph?

Even if there was consent to the taking of the photo, if there is no consent to the sharing or
exhibition, then the offending party would still be liable.

• Are these materials admissible in evidence?

NO. ​The record, photo or video, or copy thereof, obtained or secured by any person in violation
of this law shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.

However, any peace officer may secure an order of the court to use the record or any copy
thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video
voyeurism.

The written order shall only be issued or granted upon written application and the examination
under oath or affirmation of the applicant and the witnesses he/she may produce, and upon
showing that there are reasonable grounds to believe that photo or video voyeurism has been
committed or is about to be committed, and the evidence to be obtained is essential to the
conviction of any person for, or to the solution or prevention of such crime.

• What are the ​penalties for violation of the Anti-Photo and Video Voyeurism Act of 2009?

At the discretion of the Court, it may impose upon any person found violating the said
law the following penalties:

If the offender is a natural person imprisonment of not less than three (3) years but not more
than seven (7) years, and a fine of not less than Php100,0000.00 but not more than P500,000.00
or both imprisonment and fine.

Consequences:

• If the offender is a juridical person:


• It’s license or franchise shall be automatically deemed revoked, and the persons liable shall
be the officers.

• If the offender is a public officer or employee or a professional:


• He/she shall be administrative liable.

• If the offender is an alien:


• He/she shall be subject to deportation proceedings after serving his/her sentence and
payment of fine

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

● RA 10173 – Data Privacy Act of 2012


​ To safeguard the right of every individual to privacy while ensuring free flow of information for
innovation, growth and national development.

Scope:
• Defines rights of data subjects
• Provides parameters for securing, processing and providing access to personal information, by any
natural and juridical person in the government or private sector.
• Imposes penal and pecuniary sanctions for unlawful use or disclosure of information.

Personal Information:
​ Any information from which the identity of an individual is apparent or can be ascertained by the
entity holding the information or when put together with other information would directly and
certainly identify an individual.

Sensitive Personal Information:


​ race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations
health, education, genetic or sexual life, or to any proceeding for any offense committed or alleged
to have been committed by a person, the disposal of such proceeding, or the sentence of any court
in such proceedings

• Issued by government agencies peculiar to an individual, e.g. social security numbers, previous or
current health records, licenses or its denials, suspension or revocation, tax returns
• Specifically established by an executive order or an act of Congress to be kept classified

Processing:
​ collection, recording, organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data

ACTS PUNISHABLE PENALTY

Unauthorized processing of personal Imprisonment-1 to 3 years Fine- P500K to P2M


information

Unauthorized processing of sensitive Imprisonment- 3 to 6 years Fine- P500K to P4M


personal information

Accessing personal information due to Imprisonment-1 to 3 years Fine- P500K to P2M


negligence

Accessing sensitive personal information Imprisonment- 3 to 6 years Fine- P500K to P4M


due to negligence

Improper disposal of personal information Imprisonment-6 months to 2 years Fine- P100K to


P500k

Improper disposal of sensitive personal Imprisonment-1 to 3 years Fine- P100K to P1M


information

Processing of personal information for Imprisonment-1 year & 6 mos. to 5 years Fine- P500K
unauthorized purposes to P1M

Processing of sensitive personal Imprisonment- 2 to 7 years Fine- P500K to P2M


information for unauthorized purposes

Unauthorized access or intentional breach Imprisonment-1 to 3 years Fine- P500K to P1M

Malicious disclosure Imprisonment- 1 yr. & 6 months to 5 yrs. Fine- P500K


to P1M

Unauthorized disclosure of personal Imprisonment-1 to 3 years Fine- P500K to P1M


information

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

Unauthorized disclosure of sensitive Imprisonment-3 to 5 years Fine- P500K to P2M


personal information

Combination or series of acts Imprisonment-3 to 6 years Fine- P1M to P5M

● RA 9775 – Anti-Child Pornography Act

Prohibited Acts:

a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production
of any form of child pornography;

b) To produce, direct, manufacture or create any form of child pornography;

c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any
form of child pornography;

PENALTY:
Any person found guilty of committing the above acts shall suffer the penalty of reclusion temporal
in its maximum period and a fine of not less than One million pesos (Php 1,000,000.00) but not more than
Two million pesos (Php 2,000,000.00)

d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three (3) or more articles of child pornography of the same
form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

e) To knowingly, will fully and intentionally provide a venue for the commission of prohibited acts
as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;

f) For film distributors, theaters and telecommunication companies, by themselves or in


cooperation with other entities, to distribute any form of child pornography;

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of reclusion temporal
in its maximum period and a fine of not less than Seven hundred fifty thousand pesos (Php 750,000.00)
but not more than One million pesos (Php 1,000,000.00)

g) For a parent, legal guardian or person having custody or control of a child to knowingly permit
the child to engage, participate or assist in any form of child pornography;

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of reclusion temporal
in its maximum period and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not
more than Seven hundred thousand pesos (Php 700,000.00)

h) To engage in the luring or grooming of a child;

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of prison mayor in its
maximum period and a fine of not less than Three hundred thousand pesos (Php 300,000.00) but not
more than Five hundred thousand pesos (Php 500,000.00)

i) To engage in pandering of any form of child pornography;

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of prison mayor in its
minimum period and a fine of not less than Three hundred thousand pesos (Php 300,000.00) but not more
than Five hundred thousand pesos (Php 500,000.00)

j) To will fully access any form of child pornography;

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of prision correctional
in its maximum period and a fine of not less than Two hundred thousand pesos (Php 200,000.00) but not
more than Three hundred thousand pesos (Php 300,000.00)

k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit
any form of child pornography shall be committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and decide to commit it;

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of prision correccional
in its medium period and a fine of not less than One hundred thousand pesos (Php 100,000.00) but not
more than Two hundred fifty thousand pesos (Php 250,000.00)

l) To possess any form of child pornography.

PENALTY:

Any person found guilty of committing the above acts shall suffer the penalty of arresto mayor in its
minimum period and a fine of not less than Fifty thousand pesos (Php 50,000.00) but not more than One
hundred thousand pesos (Php 100,000.00)

• Prison mayor – 6 years and one day to twelve years


• Reclusion temporal – most severe 12 yrs. And 1 day to 20 yrs.
• Prision correccional - From 6 months and 1 day to 6 years.
• Arresto mayor – 1 month and 1 day to 6 months
• Arresto menor – 1 day to 30 days.

● RA 10175 – Cybercrime Prevention Law

Why is there a need to pass such law?


• ILOVEYOU Virus by Onel de Guzman

Cybercrime

​ is regarded as computer-mediated activities which are either illegal or considered illicit by certain
parties and which can be conducted through global electronic networks.

​ describe criminal activity in which the computer or network is a necessary part of the crime.

Cybercrime was broken into​ two categories a


​ nd defined thus:

1. Cybercrime in a narrow sense (​computer crime​): Any illegal behavior directed by means of electronic
operations that targets the security of computer systems and the data processed by them.

2. Cybercrime in a broader sense (​computer-related crime​): Any illegal behavior committed by means
of, or in relation to, a computer system or network, including such crimes as prostitution, selling
prohibited drugs and offering or distributing information by means of a computer system or network.

Cyber Criminals

​ Any person with intent to gain or not with malice/ not intentional/accidental

How Cyber Criminals Attacks


1. Viruses
2. Insider
3. Device theft
4. SQL Injection
5. Phishing
6. Web Based
7. Identity Theft
How do they do it?
● Email hundreds of people from the Suckers List.
● people reply to criminals and now have everything they need to steal your identity.

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

● Phishing​ – Criminals pose as ‘legitimate companies’.

Tips to Prevent ID Theft


1. Shred anything with your details on.
2. Check your statements and report anything suspicious.
3. Ensure your home network is secure.
4. Ignore s saying “You’ve Won…” or from somebody you’re suspicious about.
5. Be cautious of s that request your details. Companies will not ask via.
6. From someone you don’t know/contains an attachment - delete it.
7. Call the sender to confirm that it was them that sent it.

Mass Market Scam Mail (MMSM)


1. Receiving a letter or saying someone has won a lottery or a prize.
2. A person will input their details to claim the “prize”.
3. Criminals then obtain personal details, bank details to steal money.
Prevention Tips
1. You cannot win money/a prize if you haven’t entered into any competition.
2. You do not have to pay a fee to claim a legitimate prize.
3. Do not give personal information
4. DELETE it straight away!

Romance Scams
1. victims are usually female that caused:
2. Rape
3. kidnap-for-ransom
4. Robbery
5. others

Mobile Phone Scams

1. Receiving a text from an unknown number saying you have won and that you need to claim
money/prize.
2. Costs to text back with an extortionate amount.

Prevention Tips
1. DO NOT REPLY to text messages that offer you money.
2. DO NOT REPLY to text messages encouraging you to enter a conversation.
3. DO NOT PHONE THEM BACK.

10 Golden Rules
1. There’s no guaranteed get-rich-quick schemes - sound to good to be true?
2. Never send money or give out your details when you do not know/trust the person or company
you are giving them to.

3. Destroy personal information, shred documents, credit cards etc.

4. Log directly onto a website rather than clicking on the link provided.

5. Never reply to spams, even when you're trying to stop them.

6. Always remember: scammers are cunning and clever. They know how to manipulate you to
produce the response they want.

7. Legitimate banks and companies will not ask for your details via or phone.

8. Just because a company has a well design website doesn't means it legitimate.

9. BE SUSPICIOUS. If you are unsure about anything, seek advice from family or Police.

10. Never get embarrassed by reporting a scam – If you spot a scam or have been scammed
report the incidence to the proper authorities.

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

• 16 Types of Cybercrime (under R.A. 10175)

1. Illegal access
2. Illegal interception
3. Data Interference
4. System Interference
5. Misuse of devices
6. Cyber-squatting
7. Computer-related Forgery
8. Computer-related Fraud
9. Computer-related Identity Theft
10. Cybersex
11. Child Pornography
12. Libel
13. Aiding or Abetting in the commission of cybercrime
14. Attempt in the commission of cybercrime
15. All crimes defined and penalized by the ​Revised Penal Code,​ as amended, and special laws
16. Corporate Liability.

● RA 8793 – Electronic Commerce Act of 2000


​ An act providing for the recognition and use of electronic commercial and non-commercial
transactions and documents, penalties for unlawful use thereof and for other purposes.

Section 3

Objective - This Act aims to facilitate domestic and international dealings, transactions,
arrangements, agreements, contracts and exchanges and storage of information through the
utilization of electronic, optical and similar medium, mode, instrumentality and technology to
recognize the authenticity and reliability of electronic data messages or electronic documents
related to such activities and to promote the universal use of electronic transactions in the
government and by the general public.

SEC. 33. P
​ enalties.​ – The following Acts shall be penalized by fine and/or imprisonment, as
follows:

• Hacking or cracking ​which refers to unauthorized access into or interference in a computer


system/server or information and communication system; or any access in order to corrupt,
alter, steal, or destroy using a computer or other similar information and communication
devices, without the knowledge and consent of the owner of the computer or information
and communications system, including the introduction of computer viruses and the like,
resulting in the corruption, destruction, alteration, theft or loss of electronic data messages
or electronic documents shall be punished by a minimum fine of One Hundred Thousand
Pesos (P100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

• Violation of the Consumer Act or Republic Act No. 7394​ and other relevant or pertinent laws
through transactions covered by or using electronic data messages or electronic documents,
shall be penalized with the same penalties as provided in those laws;

• Other violations of the provisions of this Act​, shall be penalized with a maximum penalty of
One Million Pesos (P1,000,000.00) or six (6) years imprisonment.

● RA 4363 – Libel Law


• Libel is defined under the revised penal code section 355 - 1930

Art. 355

A libel committed by means of ​writing, printing, lithography, engraving, radio, phonograph,


painting, theatrical exhibition, cinematographic exhibition, or any similar means​, shall be punished
by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000
pesos, or both, in addition to the civil action which may be brought by the offended party.

​ Libel is a crime in Cybercrime law section 4c (4) - 2012

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Naga College Foundation, Inc.
COLLEGE OF COMPUTER STUDIES – ICT1 Intro. to Information System MODULE

LIBEL
​ The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as
amended committed through a computer system or any other similar means which may be devised
in the future.

• If a case is filed by a complainant, only 1 case to be prosecuted under Cybercrime Law.

• If proven guilty, imprisonment can be up to 8 years or payment of fines (amount to be set in IRR)
or both.

References:

• https://www.digitalcitizenship.net/#:~:text=Digital%20citizenship%20is%20the%20continuously,resp
onsible%2C%20and%20empowered%20technology%20use.
• https://www.goguardian.com/blog/learning/5-reasons-to-teach-digital-citizenship-this-school-year/#:
~:text=Digital%20citizenship%20refers%20to%20responsible,and%20digital%20health%20and%20w
ellness.
• https://dict.gov.ph/wp-content/uploads/2014/10/RA-9995-Anti-Photo-and-Video-Voyeurism-Act.pdf
• https://www.slideshare.net/imhisboss/antivoyeurism-in-the-philippines-presentation
• https://www.slideshare.net/search/slideshow?searchfrom=header&q=data+privacy+act
• https://www.slideshare.net/tearsome/cybercrime-law?qid=1b27469d-d91f-4b54-8c63-410b5900c609
&v=&b=&from_search=8
• https://www.slideshare.net/jackomar/anti-child-pornography?qid=53cd88f2-8254-4f64-991c-a66dd36
29081&v=&b=&from_search=2
• Presentation from Dr. Elmer Bravo Gumapos CSP, CESE, PhD Registered Criminologist
• https://www.wipo.int/edocs/lexdocs/laws/en/ph/ph034en.pdf
• https://digitalfilipino.com/introduction-cybercrime-prevention-act-republic-act-10175/

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