Digital Laws

Ethics in
Computer and Internet Cyber Crimes

1. Phishing
Phishing is when criminals send fraudulent emails pretending to be
from legitimate businesses, in an attempt to collect sensitive, personal
information. Often, any links in the email will redirect to a website
owned by the scammer, so always be careful about what information
you give out on the Internet.

2. Harassment
Cyberstalkers use electronic communication, such as email, social
media, or websites to stalk and harass people. Forms of online
harassment include slander, libel, false accusations, threats, or any
other behavior that demeans or embarrasses someone. Sentences for
cyberstalking can include jail time and hefty fines.
3. Ransomware
Cyber criminals can install malicious software on your system that will
essentially hold your important information hostage until you meet their
demands. A common ransomware attack will shut down a victim’s computer
or encrypt their files, agreeing to release them only if the victim pays a
ransom. All too often, however, the files are never recovered.
4. Prostitution
Many escorts will advertise their services in online classifieds, social media
forums, or their own personal websites, making it easy and discreet for
people to find them. But since prostitution is illegal in the vast majority of
the United States, both the escort and the client are committing a crime.
5. Child Pornography & Solicitation
The National Center for Missing and Exploited Children received over 10
million reports of suspected child sexual exploitation in the last year alone.
Perpetrators will use the Internet to gain access to sexually explicit images
of children, and sometimes even arrange for a face-to-face meeting.
6. Intellectual Property Theft
More commonly known as piracy, the Internet abounds with books,
music, movies, and more that have been illegally obtained and
made available for free download. Despite what some people say,
piracy is not a victimless crime. Not only do artists and creators lose
out, but many illegal downloads also contain hidden malware that
can destroy your computer.

7. Account Hacking
We all know how important it is to guard our passwords – think
about the damage someone could do if they gained access to your
email account containing all your most personal information. If
someone logs into your email, social media, or computer without
authorization, they could potentially face jail time.
8. Drug Trafficking
With the rise of cryptocurrency, the online drug trade has increased
significantly over the past few years. Illegal drugs such as marijuana,
cocaine, meth, ecstasy, and heroin are all just a few clicks away – and
according to research by the Rand Corporation, over 35% of
worldwide revenues from online drug trafficking are based in the
United States.

9. Credit Card Fraud

Half of all credit card fraud begins with spyware, malicious software
unknowingly installed on a victim’s computer or handheld device.
Spyware runs in the background, collecting your data and sending it
back to the criminal, who then uses your card to make fraudulent
purchases.
Applicable Philippine Laws that Penalize Cybercrime

Cybercrime also called computer crime is the use of a computer as an

instrument to further illegal ends such as committing fraud trafficking
child pornography, intellectual property violations, stealing identities or
violation of privacy. The difference between traditional criminal offences
from cybercrime is the use of the computer in committing such offences.
Majorlycybercrime is an attack on the information of Individuals,
governments or corporations.

To combat and prevent cybercrime, the government of the Philippines

introduced the Republic Act No.101175 or Cyber Prevention Act of 2012.
This Act was signed by the President of the Philippines Mr. Benigno
Aquino on September 12th of 2012. The original goal of this Act was to
penalize acts like cybersex, child pornography, identity theft etc.
The key provisions of the Cybercrime Prevention Act of 2012
There are sixteen types of cybercrime covered under the Cybercrime
Prevention Act of 2012. They are:

Illegal Access:
Access to a computer or any application without permission.

Illegal Interception:
Interception of any non-public communication of computer data to, from,
or within a computer system by an unauthorised person.

Data Interference:
Unauthorized tampering with, destroying, deleting, or deteriorating
computer data, electronic documents, or electronic data messages, as well
as the introduction or transmission of viruses. This provision can also cover
authorised activity if the person’s behaviour went beyond the agreed-upon
scope and resulted in the damages listed in this provision.
System Interference:
Unauthorized interference with the operation of a computer or
computer network, including the introduction or transmission of
viruses, by inputting, transmitting, damaging, deleting, deteriorating,
altering, or suppressing computer data or programmes, electronic data
messages, or by deleting, deteriorating, altering, or suppressing them.
This provision can also cover authorised activity if the person’s
behaviour went beyond the agreed-upon scope and resulted in the
damages listed in this provision.

Misuse of devices:
Unauthorized use, possession, production, sale, procurement,
importation, distribution, or otherwise making available of gadgets,
computer programmes, or other materials developed or adapted for
committing any of the acts listed in Republic Act 10175. Unauthorized
use of a computer password, access code, or similar data that allows the
entire or a portion of a computer system to be accessed with the intent
of using it to perpetrate any of the offences listed in Republic Act 10175.
Cybersquatting:
Acquisition of a domain name in bad faith on the internet to profit, deceive,
harm reputation, and prevent others from registering it. This includes
trademarks that were already registered at the time of registration, names of
people other than the registrant, and trademarks that were purchased with
intellectual property interests in them. Those who get domain names of
prominent brands and individuals who in turn are used to damage their
reputation can be sued under this provision. Note that freedom of expression
and infringement on trademarks or names of persons are usually treated
separately. A party can exercise freedom of expression without necessarily
violating the trademarks of a brand or the names of persons.

Computer Related Forgery:

Unauthorized input, alteration, or deletion of computer data that results in
inauthentic data with the intent that it be considered or acted on for legal
purposes as if it were authentic, regardless of whether the data is directly
readable and intelligible; or the act of knowingly using computer data that is
the product of computer-related forgery as defined here to perpetuate .
Computer-Related Fraud:
Unauthorized access to, alteration of, or deletion of computer data or
programmes, or interference with the operation of a computer system, with
the purpose to cause damage.

Computer-Related Identity Theft:

Unauthorized acquisition, use, abuse, transfer, possession, change, or deletion
of an individual’s identifying information, whether natural or legal.

Cybersex:
For favour or consideration, willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious presentation of sexual organs
or sexual activity via a computer system.

Child Pornography:
Unlawful or banned activities conducted through a computer system, as
defined and punished by Republic Act No. 9775 or the Anti-Child Pornography
Act of 2009.
Libel:
Acts of libel that are illegal or forbidden under Article 355 of the Revised
Penal Code, as amended, and are committed using a computer system or
any other similar means that may be created in the future. Penal Code
Revision According to Article 355 Libel is defined as defamation of character
by writings or other means. Libel committed by writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any other similar means is punishable by
prison correctional for the minimum and medium periods, or a fine ranging
from 200 to 6,000 pesos, or both, in addition to any civil action that the
offended party may bring.

Aiding or Abetting in the commission of cybercrime:

Anyone who knowingly assists or abets the conduct of any of the offences
listed in this Act will be held accountable.
Attempt in the commission of cybercrime:
Any person who willfully attempts to commit any of the offences enumerated
in this Act shall be held liable.
All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of
this Act.

Corporate Liability:
(Section 9): When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person by a natural
person acting either individually or as part of an organ of the juridical person
who has a leading position within, based on: (a) a power of representation of
the juridical person provided the act committed falls within the scope of such
authority; or (b) an authority to make decisions on behalf of the juridical
person. It also includes the commission of any of the penal acts made possible
due to the lack of supervision, provided that the act committed falls within the
scope of such authority; or(c) an authority to exercise control inside the
juridical person.
Intellectual Property Law

Intellectual Property law deals with laws to protect and enforce rights of
the creators and owners of inventions, writing, music, designs and other
works, known as the "intellectual property."

There are several areas of intellectual property including copyright,

trademarks, patents, and trade secrets.

Copyright Law protects the rights of creators in their works in fine arts,
publishing, entertainment, and computer software. The laws protect the
owner of the work if others copy, present, or display the owners work
without permission.
Trademark Law protects a word, phrase, symbol or design that is used by an
entity to identify its product or service. Examples are Dunkin Donuts orange
and pink sausage style lettering, Apple’s apple logo, and Adidas’ three stripes.
Trademark owners can prevent others from using their marks, or marks which
are confusingly similar so that consumers would not be able to identify the
source. Federal and state laws govern trademarks but the Lanham Act is the
primary source of trademark protection. These laws protect against
infringement and dilution. Rights in trademarks are gained by being the first to
use a trademark in commerce or being the first to register the mark with the
United States Patent and Trademark Office.

Patent Law grants protection for new inventions which can be products,
processes or designs and provides a mechanism for protection of the
invention.The patent law promotes the sharing of new developments with
others to foster innovation. The patent owner has the right to protect others
from producing, using, distributing or importing the protected item. Essentially
the patent is a property right that can be licensed, sold, mortgaged or assigned.
Trade Secrets are business practices, formulas, designs or processes
used in a business, designed specifically to provide a competitive
advantage to a business. These trade secrets would not be otherwise
known to an “outsider” of the business. An example of this is the
formula for Coca Cola. Trade secrets are protected without
registration and appropriate steps should be taken by the owner to
maintain confidentiality.
Social Networking
Social Networking refers to the use of internet-based social media sites to
stay connected with friends, family, colleagues, or customers. Social
networking can have a social purpose, a business purpose, or both,
through sites like Facebook, Twitter, Instagram, and Pinterest.

Social networking is also a significant opportunity for marketers seeking

to engage customers. Facebook remains the largest and most popular
social network, with 2.91 billion people using the platform on a monthly
basis, as of Dec. 31, 2021.1 Instagram, Twitter, and Pinterest are among
the next most popular, according to Statista.
Major Social Networking Platforms
❑ Facebook
Facebook is a social network that offers users the opportunity to connect
with people, businesses, and organizations. They can post updates and
respond to the posts of others. They can share photographs and links to
online content. Users can chat live, and upload and share video.

❑ Instagram
Instagram is a social network that focuses on sharing visual media like photos
and videos. It's similar to Facebook in that users create a profile and have a
news feed. It allows users to upload media that can be edited with filters and
organized by hashtags and geographical tagging. Posts can be shared publicly
or with followers.
❑ Twitter
Twitter is a social network that allows people to communicate with
short messages called tweets. Tweets are limited by the social
platform to 280 characters. Users post tweets that may be useful,
interesting, or even inflammatory for readers.

❑ Pinterest
Pinterest is a social networking site that promotes image saving and
sharing using a virtual pinboard. It's an innovative platform that
facilitates the cataloguing and organizing of meaningful information
for individuals.