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Introduction
Other organizations and experts have said that less harmful attacks can be
considered acts of cyberterrorism. When attacks are intended to be disruptive or to
further the attackers' political agenda, they can qualify as cyberterrorism, according
to these other groups. In some cases, the differentiation between cyberterrorism
attacks and ordinary cybercrime lies in the intention: The primary motivation for
cyberterrorism attacks is to disrupt or harm the victims, even if the attacks do not
result in physical harm or cause extreme financial harm.
History of cyber terrorism, small wars Journal notes that the term “cyber
terror” was coined in the 1980s by Barry C. Collin, a research fellow at the Institute
for Security and Intelligence. Collin defined the term as “the convergence of
cybernetics and terrorism”; the goal of causing fear and widespread panic has
always been at the heart of cyber terror attacks.
The first computer worm transmitted over the internet was the Morris Worm,
created in 1988 by Robert Tappan Morris, a student at Cornell University, as the tech
site ARN explains. The worm was not intended to be malicious, but an error in its
code caused it to become a virus that replicated rapidly and ultimately infected about
6,000 computers. The Morris Worm is estimated to have caused as much as $100
million in damage.
Terrorists soon took advantage of malicious software such as worms to
promote their political, social, and economic ends. These are among the earliest
events in the history of cyber terrorism:
Most common among internet crimes are fraud, sexual abuse and
exploitation, bullying, and identity theft. The utilization of technology as it expands
and develops in various industries and sectors in the country is expected to increase,
due to the lack of necessary safeguards to prevent, and in some cases because of
the lack of understanding on the risks involved regarding its misuse.
The private industry particularly the major Internet Service Providers (ISPs),
has begun to collaborate on issues of cyber security and cybercrime prevention, but
much work remains to be done especially in the manner of preservation and
providing evidence stored in them.
Theoretical Frameworks
A wide variety of states in both developed and developing areas of the world
have engaged in sponsoring terrorism. During the 1970s and 1980s, state
sponsorship of terrorism was a frequent feature of international conflict. From that
time to the 2010s there was a steady pattern of decline in the prevalence and
magnitude of state support. Nevertheless, because of the increasing consequent
level of violence that it could potentially facilitate, it remains an issue of highly salient
international concern
Conceptual Framework
Cybercrime is criminal activity that either targets or uses a computer, a
computer network or a networked device. Most cybercrime is committed by
cybercriminals or hackers who want to make money.
Uneasiness arises from the possibility of random cyber attacks. In the global
information and network warfare battle, cyber-terrorism has become a critical
concern in that terrorists may seek to strike the innocent and wreak havoc due to
dependency on networked communications. However, much misconception exists
over what exactly cyber-terrorism entails and the role of cyber crime and hacking. A
conceptual framework is therefore proposed and focuses on clarifying the field by
summarising techniques, objectives, targets and capabilities. The framework strives
to provide a more descriptive synopsis of cyber-terrorism and form a good baseline
to contextually place the area of cyber-terrorism against the backdrop of other
computer and network crime.
b. What are the Legal issues of Cyber terrorism that must be considered in the
application of Law in the Philippines?
b. Does the Law covering cyber terrorism violates the Constitutional for right to
provacy?
When engaging in cyberwarfare, jus in bello (i.e., the right conduct during war)
is required. Here, the cyber acts that amount to a use of force must be: proportionate
(both to the threat that justified this response and in light of the potential collateral
damage); aimed at minimizing casualties through the adoption of certain
precautionary measures; discriminating in its targets (i.e., only the actual target
should be subjected to the cyber act); and used only as a last resort, after lesser
invasive means have been exhausted and/or ruled out as unfeasible options.
Definition of Terms
Cyberterrorist acts are carried out using computer servers, other devices and
networks visible on the public internet. Secured government networks and other
restricted networks are often targets.
Primary Sources
Secondary Sources
Cybercrime is criminal activity that either targets or uses a computer, a computer
network or a networked device. Most cybercrime is committed by cybercriminals or
hackers who want to make money. However, occasionally cybercrime aims to
damage computers or networks for reasons other than profit. These could be political
or personal.
Criminal activity targeting computers using viruses and other types of malware.
Criminal activity using computers to commit other crime
Research Procedure
To better understand why cyber terrorism acts are committed, this study
examines cyber terrorism from motivational perspectives. Motivational forces behind
cyber terrorism can be social, political, ideological, and economic. In this research, data
were analysed using a qualitative method. The outcome of this study serves as a useful
foundation for understanding the concept of cyber terrorism from motivational
perspectives.
The Philippines as been responding against any form of terrorist activity, has
no existing law covering Cyber terrorism, which applies to offences across borders;
therefore the proper response which has the potential to combat cyber terrorism
should be transnational. Countries must bind together with multilateral and bilateral
cooperation. In this section, the most effective organizational structures will be
considered as.aims to study the available international mechanisms for the purpose
of establishing cooperation in responding to cyber terrorism. The current
international cooperation and responses for cyber terrorism are reviewed and
analyzed. The responses of international organizations to cyber terrorism cases are
also considered
Today, we see that traditional crime has migrated to the internet. The types of
crimes that people have been committing over the years, such as fraud and extortion
and crimes of a similar nature have just moved on to the internet. Therefore, where
people might have taken photos of you in a compromising position before and
extorted you, now they will steal your information and extort you by threatening to
release that information unless they are paid, or by destroying that information
unless they are paid.
Those classes of attacks are then classified as cybercrime and also have
been modified in various modus. Those modus in fact threaten all human beings
activities including infrastructure. To handle and to prevent those crimes, cyber
security plays important role to guarantee people to use internet safely. The research
will briefly introduce the topic of information terror and cyber crime and then address
the definitional problems in delimiting the scope of computer crime and terrorism.
The jurisdictional issues relating both to the investigation and prosecution of crimes
that frequently involve a multitude of countries will then be addressed. Specific
attention will be addressed to the need in many cases to promptly back-hack,
electronically, through several countries in order to preserve evidence and identify
the perpetrator. The paper will then assess constitutional and statutory concerns,
which must be considered. Finally, the paper will address the necessity and
desirability of a new treaty in light of existing treaties and concurrent work being
done by the countries.
Cyber warfare and cyber terrorism are linked through their common goals: to
destabilize enemy states or compromise their physical and/or digital infrastructure.
Examples of cyber warfare include the 2010 Stuxnet worm that disabled Iran’s
nuclear infrastructure (believed to have been developed by the U.S. with Israeli
support), the 2015 breach of the U.S. Office of Personnel Management by China,
and Russia’s interference in the 2016 U.S. presidential election.
Republic Act 9372 An Act to secure the State and protect our people from Terrorism
known as the "Human Security Act of 2007."
Section 2. Terrorism - Any person who commits an act punishable under any of the
following provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters) ;
c. Article 134-a (Coup d' Etat) , including acts committed by private persons;
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968) ;
Republic Act 10175 An Act to prevent, prohibit and penalized Terrorism, thereby
repealing Republic Act 9372, otherwise known as the "Human Security Act of 2007"
Section 4. Terrorism.- Subject to Section 49 of this Act, terrorism is committed by
any person who, within or outside the Philippines, regardless of the stage of
execution:
(a) Engages in acts intended to cause death or serious bodily injury to any person, or
endangers a person's life;
When the purpose of such act, by its nature and context, is to intimidate the
general public or a segment thereof, create an atmosphere or spread a message of
fear, to provoke or influence by intimidation the government or any international
organization, or seriously destabilize or destroy the fundamental political, economic,
or social structures of the country, or create a public emergency or seriously
undermine public safety, shall be guilty of committing terrorism and shall suffer the
penalty of life imprisonment without the benefit of parole and the benefits of Republic
Act No. 10592, otherwise known as "An Act Amending Articles 29, 94, 97, 98 and 99
of Act No. 3815, as amended, otherwise known as the Revised Penal Code".
Provided, That, terrorism as defined in this section shall not include advocacy,
protest, dissent, stoppage of work, industrial or mass action, and other similar
exercises of civil and political rights, which are not intended to cause death or
serious physical harm to a person, to endanger a person's life, or to create a serious
risk to public safety.
e of financing of terrorism, providing penalties therefor and for other purposes shall
be known as “The Terrorism Financing Prevention and Suppression Act of 2012”.
Section 2. Declaration of Policy. – It is the policy of the State to protect life, liberty,
and property from acts of terrorism and to condemn terrorism and those who support
and finance it and to recognize it as inimical and dangerous to national security and
the welfare of the people, and to make the financing of terrorism a crime against the
Filipino people, against humanity, and against the law of nations.
The State, likewise, recognizes and adheres to international commitments to combat
the financing of terrorism, specifically to the International Convention for the
Suppression of the Financing of Terrorism, as well as other binding terrorism-related
resolutions of the United Nations Security Council pursuant to Chapter 7 of the
Charter of the United Nations (UN).
Toward this end, the State shall reinforce its fight against terrorism by criminalizing
the financing of terrorism and related offenses, and by preventing and suppressing
the commission of said offenses through freezing and forfeiture of properties or
funds while protecting human rights.
Bibliography
Appendices
https://unafei.or.jp/publications/pdf/RS_No79/No79_12PA_Sosa.pdf
https://acg.pnp.gov.ph/main/cyber-security-bulletin/20-publications/42-cybercrime-
threat-landscape-in-the-philippines.html
https://www.itu.int/en/ITU-D/Cybersecurity/Documents/
GCI_Conceptual_Framework.pdf
https://www.usip.org/sites/default/files/sr119.pdf