Buraga, R.

Social and Professional Issues for Information Technology

Weeks

ETHICAL CODES

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Buraga, R. Social and Professional Issues for Information Technology

Learning Outcomes:

At the end of the lesson, you are expected to:

• Discuss the ACM Codes and ethical principles.

• Explain the Cybercrime Prevention Act and the offenses
• Discuss E-commerce law
• Explain the internet pornography
• Investigate the impact of technology to privacy problem
• Apply ethical code in Information Technology

Learning Content

Association for Computing Machinery (ACM) Codes

The ACM Code of Ethics is a set of principles and guidelines designed to help
computing professionals in making ethical decisions in their professional practice. It
translates broad ethical principles into concrete statements about professional behavior
(EurekAlert, 2018).
The ACM Code is designed to inspire and guide the ethical conduct of all computing
professionals, including current and aspiring practitioners, instructors, students,
influencers, and anyone who uses computing technology in an impactful way.
Additionally, the Code serves as a basis for remediation when violations occur (ACM.org,
2023)

General Ethical Principles

According to ACM (2023), a computing professional should:

1. Contribute to society and to human well-being, acknowledging that all people

are stakeholders in computing.
2. Avoid harm.
3. Be honest and trustworthy.
4. Be fair and take action not to discriminate.
5. Respect the work required to produce new ideas, inventions, creative works, and
computing artifacts.
6. Respect privacy.
7. Honor confidentiality.

R.A. No. 10175: The Cybercrime Prevention Act: The Net Commandments
The Republic Act 10175 or the Cybercrime Prevention Act of 2012 was approved on
September 12, 2012 which aims to address legal issues concerning online interactions
through the use of internet in the Philippines (lawstudentsnotes.wordpress.com, 2020).
The RA 10175 focuses on the pre-emption, prevention, and prosecution of

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cybercrimes such as offenses against the privacy, confidentiality, integrity, and

availability of computer data and systems, computer-related offenses, and content-
related offenses (Gravino & Villanueva, 2022).

Violation in the RA 10175 could sentence internet users to up to 12 years in prison for
posting defamatory commentaries on social media.

List of the offenses that fall under the Cybercrime Prevention Act of 2012 (Gravino &
Villanueva, 2022)
(a) Offenses against the confidentiality, integrity and availability of computer data
and systems
(1) Illegal access – the access to the whole or any part of a computer system
without right

(2) Illegal interception – the interception made by technical means without

right of any public transmission of computer data to, from or within a
computer system including electromagnetic emissions from a computer
system carrying such computer data.

(3) Data Interference – the intentional or reckless alteration, damaging,

deletion or deterioration of computer data, electronic document, or
electronic data message, without right including the introduction or
transmission of viruses.

(4) System Interference – the intentional alteration or reckless hindering or

interference with the functioning of the computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or
electronic data message, without right or authority, including the
introduction or transmission of viruses.

(5) Misuse of Devices

(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available without right of:

(aa) A device, including a computer program

designed or adapted primarily for the purpose of
committing any of the offenses under this Act, or

(bb) A computer password, access code or similar

data by which the whole or any part of the computer
system is capable of being accessed with intent that it
be used for the purpose of committing any of the
offenses under this Act.

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(ii) The possession of an item referred to 5(1)(aa) or (bb) above

with intent to use said devices for the purpose of committing
any of the offenses in this Act.

(6) Cyber Squatting – the acquisition of a domain name over the internet in
bad faith to profit, mislead, destroy reputation and deprive others from
registering the same, if such a domain name is:

(i) Similar, identical or confusingly similar to an existing trademark

registered with the appropriate government agency at the
time of the domain name registration.
(ii) Identical or any way similar with the name of a person other
than the registrant, in case of a personal name, and
(iii) Acquired without right or with intellectual property interests in
it

(b) Computer-related offenses

(1) Computer-related forgery

(i) The input, alteration or deletion of any computer data
without right resulting in inauthentic data with the intent that
it be considered or acted upon for legal purposes as if it were
authentic regardless whether or not the data is directly
readable and intelligible; or

(ii) The act of knowingly using computer data which is the

product of computer-related forgery as defined herein, for
the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud – the unauthorized input, alteration, or deletion of

computer data or program or interference in the functioning of a computer
system, causing damage thereby with fraudulent intent: Provided, that if no
damage has yet been caused, the penalty imposable shall be one (1)
degree lower

(3) Computer-related Identity Theft – The intentional acquisition, use, misuse,

transfer, possession, alteration, or deletion of identifying information
belonging to another, whether natural or juridical, without right: Provided,
that if no damage has yet been caused, the penalty imposable shall be
one (1) degree lower.

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(c ) Content-related Offenses:

(1) Cybersex- The wilful engagement, maintenance, control, or operation, directly or

indirectly, or any lascivious exhibition of sexual organs or sexual activity, with the
aid of a computer system, for favour or consideration.

(2) Child Pornography – The unlawful or prohibited acts defined and punishable by RA
9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system: Provided, that the penalty to be imposed shall be (1) one degree higher
than that provided for in RA 9775

(3) Unsolicited Commercial Communications- The transmission of commercial

electronic communication with the use of computer system which seek to
advertise, sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contain a
simple, valid, and reliable way for the recipient to reject,
receipt of further commercial electronic messages (opt-out)
from the same source:

(bb) The CEC does not purposely disguise the source of the
electronic message; and

(cc) The CEC does not purposely include misleading

information in any part of the message in order to induce the
recipients to read the message
(4) 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. (Art 355 is about Libel by means
of writing or similar means)

SECTION 5 - OTHER OFFENSES – The following acts shall also constitute an offense:

(a) Aiding or abetting in the Commission of Cybercrime – Any person who willfully
abets or aids in the commission of any of the offenses enumerated in this Act shall
be held liable.

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(b) Attempt in the Commission of Cybercrime – Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable

The Penalties prescribed in the Art. 355 of the Revised Penal Code
(lawstudentsnotes,2020)

Cybercrime Offense Penalty/Fines

Sec. 4 (a), (b) Offenses against
confidentiality, integrity
and availability of
computer data & systems
Computer-related
offenses
Sec. 4 (a)5 Misuse of Devices
Sec. 4 (a) If committed Offenses against
against critical confidentiality, integrity
infrastructure and availability of
computer data & systems
Sec. 4 (c) Cybersex
Sec. 4 (C )2 If committed Child Pornography
through a computer
system
Sec 4 (C ) 3 Unsolicited Commercial
Communication
Sec 5 Aiding or abetting of
cybercrime
Attempt in the
commission of
cybercrime
Prison Mayor Fine of at
least P200,000 up to a
maximum amount
commensurate to the
damage incurred, or both
Prison Mayor, Fine of not
more than P500,000, or
Both
Reclusion temporal, Fine
of at least P500,000 up to
a maximum amount
commensurate to the
damage incurred, or Both
Prision Mayor, Fine of at
least P200,000 but not
exceeding P1 Million
pesos, or Both
One (1) degree higher
than that provided for in
RA 9775
Arresto Mayor, Fine of at
least P50,000 but not
exceeding P250,000, or
Both
Imprisonment of one (1)
degree lower than that of
the prescribed penalty,
Fine of at least P100,000
but not exceeding
P500,000, or Both

E-Commerce Law

Electronic commerce, commonly known as e-commerce or eCommerce, refers to

the Internet based industry of buying and selling products or services via electronic
means. It uses a combination of Internet technology, mobile commerce, electronic
funds transfers, escrowing services, electronic data interchange, supply chain
management, inventory management systems, Internet marketing, data collection

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systems, and many other technologies and innovative business systems. (HG.org,
2022)

Electronic Commerce was enacted in year 2000, or known as E-Commerce Act of

2000 which aims to facilitate domestic and international dealings, transactions,
arrangements, and the like, through the use of electronic medium. This act applies to
any kind of data message and electronic document used in the context of
commercial and non-commercial activities to include domestic and international
dealings, transactions, arrangements, agreements, contracts and exchanges and
storage of information (Virgino, 2021).

E-Tailing

Also known as "virtual storefronts," this is the practice of listing products for sale in
a catalog format on a website. Some e-tail sites (perhaps most notably
Amazon.com) take this a step further and aggregate numerous smaller stores into
a unified system like a "virtual mall." (HG.org, 2022). Other examples of e-
commerce include subscription sites, mobile application sales, electronic book
purchases, online auctions, and the procurement of various services via the web.

Regulatory authority for E-Commerce Transactions (Zico Law,2023)

• Department of Trade and Industry (“DTI”)

• Securities and Exchange Commission (“SEC”)
• Bangko Sentral ng Pilipinas (“BSP”)
• Intellectual Property Office of the Philippines (“IPOPHL”)
• Department of Health (“DOH”)
• Food and Drug Administration (“FDA”)
• Department of Agriculture (“DA”)
• National Privacy Commission (“NPC”)
• Bureau of Internal Revenue (“BIR”)

Licensing & market entry requirements

To legally operate a business, an owner has to secure incorporation or registration
certification and a business permit from the respective local government unit, and
register with the BIR or FDA depending on the goods or services offered (Zico
Law,2023).

Payment solutions
Payment solutions to facilitate the E-commerce transactions.

• e-wallets and e-money (digital wallets approved and registered with the BSP)
• online banking (bank-to-bank transfers)
• payment gateways which refer to the process of authenticating and
processing payments in online transactions, e.g., Paymaya
• cash on delivery (COD)
• credit and debit cards

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Product liability
Product liabilities involving food and drugs/medicine are governed by the Food,
Drug and Cosmetic Act of the Philippines, as amended, and its implementing rules
and regulations. The law provides for the prohibited acts in the manufacture, sale,
offer for sale or transfer of any food and drug, as well as the requirement for
registration of each food and drug that would be introduced and circulated in
the Philippine market.

The Consumer Act of the Philippines sets out the various rights accorded to
consumers, such as protection against deceptive, unfair and unconscionable
sales acts and practices, and minimum standards a product manufacturer,
importer, or supplier or seller should comply with, such as observance of truth and
accuracy in advertising (Zico Law,2023)

Data Privacy Act

An Act Protecting Individual Personal Information in Information and Communications
Systems in the Government and the Private Sector, Creating for this Purpose a
National Privacy Commission, and for Other Purposes” the DPA aims to protect the
fundamental human right of privacy, of communication while ensuring the free flow
of information to promote innovation and growth (National Privacy Commission, n.d.)
✓ National Privacy Commission NPC
o independent body mandated to implement the DPA
✓ Personal information controller PIC
o a natural or juridical person, or any other body who controls the
processing of personal data
✓ Personal information processor PIP
o a natural or juridical person, or any other body to whom a PIC may
outsource or instruct the processing of personal data

Personal Information refers to any information from which the identity of an individual is
apparent or can be reasonably and directly ascertained, or when put together with
other information would directly and certainly identify an individual (National Privacy
Commission, n.d.)
Sensitive Personal Information (SPI) refers to information of an individual such as: Ethnic
origin, Marital status, Race, Age, Color, Religious, philosophical or political affiliations,
Health, education and genetic or sexual life.

Internet Pornography
It refers to the pornography that is accessible over the internet, primarily via websites, FTP
servers peer-to-peer file sharing, or Usenet newsgroups. The availability of widespread
public access to the World Wide Web in late 1990s led to the growth of internet
pornography (Scholarly Community Encyclopedia, 2023).

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Porn is the abbreviation for pornography, which is sexual material that is explicitly
portrayed for the primary purpose of sexual arousal. Sexually explicit material can be
presented in different ways, such as magazines, photographs, films, writings, sculptures,
animation, sound recordings and video games (LICCV Digital Safety,n.d.)

LICCV Digital Safety, listed the four categories of porn that can be determined illegal,
including indecency, obscenity, material that is harmful to minors and child pornography.

• Indecent material is pictures or messages on broadcast television, the telephone

or radio that are offensive or provide depictions of sexual activities or excretory
organs. Indecent material is also known as sexual nudity and/or dirty words that
are offensive to the general public.
• Obscenity is graphic material with a focus on sex and/or sexual violence, including
deviant activities such as torture, incest and/or group sex.
• Material that is harmful to minors is any material that represents sex or nudity and
is offensive and unsuitable for minors.
• Child pornography is material in which children under the age of 18 are visually
depicted as engaging in either simulated or actual sexual activity. This includes
the exhibition of a child’s genitals.

Activity 1- The Court Room Activity (“Sino ang may Sala?”)

1. Julia borrowed a $100,000 from Maria at a 5% interest rate. Julia promised to repay
her debt in six months. However, after six months and possibly a year, Julia has still
not paid the debt and has not shown up to Maria for one year. Maria posted it on
social media in order to locate Julia, along with other details about Julia, such as
the amount of her debt, full name and address.

➢ Meet as a group and analyze the situation above. The group should identify
from the members who will serve as a Lawyer, complainant and respondent.
Try also to consider the following questions: Who is to blame? What did they
violate? What case can be filled to Maria or Julia?

Activity 2- Cybercrime

1. Meet as group and identify the top five cybercrimes affecting businesses and
individuals, Which ones are the most common threats today? Why?

Rubrics for Activity (20 points)

Criteria Points Earned
- Reasons/ Justifications are
relevant
- Group Reasoning is comprehensive, accurate, and
persuasive.

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- Clarity
Reasons/ Justifications are well
explained

Recommended Learning Materials and Resources

- ACM Codes
1. Philippine Legal Research. Can be retrieved at
https://legalresearchph.com/2021/12/05/r-a-no-10175-the-cybercrime-
prevention-act-the-net-commandments/
- Cybercrime Law
2. https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/
3. Republic-act-10175-cybercrime-prevention-act-of-2012_-salient-features
- E-Commerce
1. https://lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html
2. Laws and Policies and E-COMMERCE & BUSINESS REGULATIONS. Retrieved from
https://ecommerce.dti.gov.ph/related-laws-policy-issuance/
3. https://www.zicolaw.com/resources/alerts/the-state-of-e-commerce-in-
philippines/
- Data Privacy Act
1. https://www.privacy.gov.ph/data-privacy-act/
2. https://www.privacy.gov.ph/wp-
content/files/quickguide/DPA_QuickGuidefolder_insideonly.pdf

Assessment Task 1 – Individual Activity

1. As an Information Technologists, what do you think is the top two most important
computing professional ethical principles? Why?
2. Why personal information privacy deserves to be protected?

Rubrics for Assessment Task 1 (20 points) Individual

Criteria Points Earned
- Presents ideas in an original manner
- Content is comprehensive, accurate, and persuasive.
- Leadership roles and behavior are stated clearly and
are well supported.
- Responses are excellent, timely, and address the roles
and behavior of a leader

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References:
1. EurekAlert.2018. World's largest computing association updates code of ethics.
Retrieved https://www.eurekalert.org/news-releases/537371

2. Association for Computing Machinery.2023. ACM Code of Ethics and Professional

Conduct. Retrieved from https://www.acm.org/code-of-ethics

3. Gravino, E. and Villanueva, C. December 5, 2021. Philippine Legal Research.

Retrieved from https://legalresearchph.com/2021/12/05/r-a-no-10175-the-
cybercrime-prevention-act-the-net-commandments/

4. Law Students Notes and More.2020. Retrieved from

https://lawstudentsnotes.wordpress.com/2020/04/22/the-republic-act-10175-or-
the-cybercrime-prevention-act-of-2012-its-salient-features/

5. Virgino, C.Y.August 10, 2021. What is E-commerce?. Retrieved from

https://anarnalaw.com/newsletter/what-is-e-commerce/

6. HG.org.Legal Resources.2023. E-Commerce Law. Retrieved from

https://www.hg.org/ecommerce-law.html

7. Zico Law.2023. The State of E-commerce in Philippines. Retrieved from

https://www.zicolaw.com/resources/alerts/the-state-of-e-commerce-in-
philippines/

8. National Privacy Commission.n.d. Retrived fropm

https://www.privacy.gov.ph/data-privacy-act/#0

9. Scholarly Community Encyclopedia. 2023. Internet Pornography. Retrieved from

https://encyclopedia.pub/entry/31171

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