REPUBLIC ACT NO.

10175
"Cybercrime Prevention Act of 2012″
 LEGALBACKGROUND
• Electronic Commerce Act of 2000 (RANo. 8792)
– AN ACTPROVIDING FORTHERECOGNITIONAND USEOF
ELECTRONICCOMMERCIALAND NON -COMMERCIAL
TRANSACTIONSAND DOCUMENTS, PENALTIESFOR
UNLAWFUL USETHEREOFAND FOROTHERPURPOSES
Why is there a need to pass such law?

ILOVEYOUVIRUS
by
Onel de Guzman

• The current laws at that time did not provide a

legal basis for criminalizing crimes committed on
a computer in general.
 Related Facts
• Sonido maintains a blog called “Baratillo
pamphlet” over the internet.
• Sonido posted 2 blogs which express his opinion
regarding Senator Sotto’s alleged plagiarism of
online materials for use in his speech againstRH
Bill.
• Sotto warned his critics that when it became a
law, they will bepenalized
• And so it happened, sotto materialized histhreats
Reactions
So…How did it become alaw?
• This law emanated from HBNo. 5808, authored by
Representative Susan Yap-Sulit of the second district of
Tarlac and 36 other co-authors,
• Senate Bill No. 2976, proposed by Senator Edgardo
Angara.
• Both bills were passed by their respective chambers
within one day of each other on June 5 and 4, 2012,
respectively,shortly after the impeachment of Renato
Corona
• the final version of the Act was later signed into law by
President Benigno Aquino III on September 12,2012.
 Some Terms to be familiarized
• Access
– refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of anyresources
of a computer system or communication network.
• Cyber
– refers to a computer or a computer network, the electronic
medium in which online communication takesplace.
• Interception
– refers to listening to, recording, monitoring or surveillance of
the content of communications, including procurement ofthe
content of data, either directly, through access and use of a
computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the
communication is occurring.
 Section 4: Punishable Acts

• Offenses against the confidentiality, integrity

and availability of computer data andsystems

• Computer-related Offenses

• Content-related Offenses
 Offenses against the confidentiality, integrity
and availability of computer data and
systems
1. Illegal Access– The intentional access to the whole orany
part of a computer system without right;
2. Illegal Interception – The intentional interception made
by TECHNICALMEANS
Exception: Employee or agent of a service provider
Exception to the Exception: Except thatthe latter shall not utilize
service observing or random monitoring except for
mechanical or service control quality checks;
3. Data Interference – The intentional or reckless
alteration, damaging, deletion or deteriorationof
computer DATA
4. System Interference – The intentional alteration or
reckless hindering or interference with the functioningof
a computer or computer NETWORK
 Offenses against the confidentiality,
integrity and availability of computer data
andsystems
5. Misuse of Devices.
o The use, PRODUCTION, SALE,PROCUREMENT,
IMPORTATION, DISTRIBUTION or otherwise MAKING
available intentionally and without right,of:
o Adevice for the purpose of committing any of the offenses
o A computer password, access code, or similar data by which the
whole or any part of a computer system is capable of being
accessed with the intent that it be used for the purpose of
committing any ofthe offenses under this Act;
o The POSSESSIONof an item referred to in paragraphs(a),
5(i)(aa) or(bb) herein with the intent to use said devices
for the purpose of committing any of the offenses under
this section
 Offenses against the confidentiality,
integrity and availability of computer
data andsystems
6. Cyber-squatting
o The ACQUISITION OFA DOMAIN name over the
internet in bad faith to profit, mislead, destroy
reputation, and DEPRIVEOTHERSFROM
REGISTERINGTHESAME.
o Similar, identical, or confusingly similar to an existing
trademark registered with the appropriategovernment
agency at the time of thedomain name registration:
o Identical or in any way similar with the name of a person
other than the registrant, in case of a personal name;and
o Acquired without right or with intellectual property
interests in it.
 Computer-related Offenses
1. Computer Forgery.
o The intentional input, alteration, deletion or
suppression of any computer data, without right
resulting in unauthentic data WITH THEINTENT that
it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the
data is directly readable andintelligible;
o The act of knowingly using a computer data whichis
the product of computer-related forgery as defined
herein, for the purpose ofperpetuating a fraudulent
or dishonest design;
 Computer-related Offenses
2. Computer-related Fraud
o the intentional and unauthorized input, alteration, or
deletion of computer data or program or interference in
the functioning of a computer system including, butnot
limited to, phishing, causing damage thereby, WITH THE
INTENT of procuring an economic benefit for oneself or
for another person or for the perpetuation of a
fraudulent
3. Computer-related Identity Theft
o The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information BELONGINGTOANOTHER, whether natural
or juridical, without right.
 Content-related Offenses
 1. Cybersex
 o includes any form of interactive
prostitutionand other forms of obscenity
through the cyberspace as the primary
channel with the use of webcams, by inviting
people either here or in other countries to
watch men, women and children perform
sexualacts;
2. Child Pornography
o The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography
Act of 2009, committed through a computer system:
Provided, That the penalty tobe imposed shall be (1) one
degree higher than that provided for in Republic Act No.
9775.
Content-related Offenses
3. Unsolicited Commercial Communications
o The transmission of commercial electronic
communication with the use of a computersystem which
seeks to advertise, sell or offer for sale products and
services are prohibited unless:
o There is a prior affirmative consent from the recipient;or
o The following conditions are present:
o The commercial electronic communication contains a simple, validand
reliable way for the recipient to reject receipt of further commercial
electronic communication from the same source, also referred to as
opt-out;
o The commercial electronic communication does not purposelydisguise
the source ofthe electronic message; and
o The commercial electronic communication does not purposelyinclude
misleading information in any part of the message in order to induce
the recipients to read the message.
 Content-related Offenses
4. Libel
o 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 thefuture.

All crimes defined and penalized by the Revised Penal

Code, as amended, and special criminal laws committed
by, through and with the use of information and
communications technologies shall be covered by the
relevant provisions of this Act.20
 Section 5: Other Offenses
• Aiding or Abetting in the Commissionof
Cybercrime
– Any person who wilfully abets, aids or financially
benefits in the commission of any of the offenses
enumerated in this Act shall be held liable;or
• Attempt to CommitCybercrime
– Any person who wilfully attempts to commit any
of the offenses enumerated in this Act shall be
held liable.
 Section 6
• 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: Provided, That the
penalty to be imposed shall be ONE (1)
DEGREEHIGHER THAN THATPROVIDED for by
the Revised Penal Code, as amended, and
special laws, as the case may be.
 Section 7. Liability under Other Laws
• A prosecution under this Act shall be
WITHOUT PREJUDICETOANY LIABILITY FOR
VIOLATION OFANYPROVISION OFTHE
REVISEDPENALCODE,as amended, or special
laws.
 Section 8. Penalties
• Any person found guilty of any of the punishable acts enumerated in
Sections 4(a) and 4(b) of this Act shall be punished with imprisonment
ofprision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) up to a maximum amount commensurate tothe damage
incurred or both.
• Any person found guilty of the punishable act under Section 4(a)(5) shall
be punished with imprisonment of prision mayor or a fine of not more
than Five hundred thousand pesos (PhP500,000.00) or both.
• If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at least Five
hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.
• Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(1) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos(PhP200,000.00)
but not exceeding One million pesos (PhPl,000,000.00) or both.
 Section 8. Penalties
• Any person found guilty of any of the punishable acts enumerated
in Section 4(c)(2) of this Act shall be punished with the penalties as
enumerated in Republic Act No. 9775 or the "Anti-Child
Pornography Act of 2009″: Provided,That the penalty tobe imposed
shall be one (1) degree higher than that provided for in Republic
Act No. 9775, if committed through a computersystem.
• Any person found guilty of any of the punishable acts enumerated
in Section 4(c)(3) shall be punished with imprisonment of arresto
mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but
not exceeding Two hundred fifty thousand pesos (PhP250,000.00)
or both.
• Any person found guilty of any of the punishable acts enumerated
in Section 5 shall be punished with imprisonment one (1) degree
lower than that of the prescribed penalty for the offense or a fine
of at least One hundred thousand pesos (PhPl00,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.
 Section 9. Corporate Liability
• Liability shall based on:
– A power of representation of thejuridical person;
– An authority to take decisions on behalf of the juridical person; or
– An authority to exercise control within the juridical person.
• Juridical Person and natural person acting under the authority of
the juridical person is liable for a fine equivalent to at least DOUBLE
THEFINESimposable in Section7
• The chairperson of the board of directors, the president, the
general manager of the corporation, the general partners of a
partnership, and the officers and employees directly responsible
shall be JOINTLYAND SEVERALLYLIABLE with the firm for the fine
imposed therein.
• For foreign corporations, the person or persons directly responsible
for the management and operation thereof shall beliable.
Section 10. Enforcement and
Implementation
• Law Enforcement Agencies: PNPand NBI
 Section 12. Real-Time Collection of Traffic
Data
• Law enforcement authorities, with due cause,
shall be authorized to collect or record by
technical or electronic means traffic data inreal-
time associated with specified communications
transmitted by means of a computer system.
• LIMITATION: Traffic data refer only to the
communication’s origin, destination, route, time,
date, size, duration, or type ofunderlying service,
but not content, noridentities
 When Court Warrant Could BeIssued
• upon written application and the examination under
oath or affirmation of the applicant and the witnesses
he may produce and the showing:
– that there are reasonable grounds to believe that any of
the crimes enumerated hereinabove has been committed,
or is being committed, or is about to be committed.
– that there are reasonable grounds to believe that evidence
that will be obtained is essential to the conviction of any
person for, or to the solution of, or to the prevention of,
any such crimes; and
– that there are no other means readily available for
obtaining such evidence.
 Custody of Data
• Preservation of Computer Data: maximum of 90 days andfurnishing
of transmittal document shall be deemed a notification to preserve
the data until the termination of the case
• Disclosure of Computer Data. – within 72 hours from receipt of the
order
• Search and Seizure: Within the time period specified in the warrant,
to conduct interception but may request for an extension no longer
than thirty (30) days from date of expiration of the warrant.
• Custody of Data: within forty-eight (48) hours after the expiration of
the period fixed therein, be deposited with the court in a sealed
package
• Destruction of Data - Upon expiration of theperiods as provided in
Sections 10 and 12
 Jurisdiction
• The Regional Trial Court if committed within
the Philippines or committed with the use of
any computer system wholly or partly situated
in the country.
 Central Authority
 Section 19. Restricting or • The Department of
Blocking Access to Computer
Data. Justice (DOJ) shall be
 – When a computer data responsible for
is prima facie found to extending immediate
be in violation of the assistance to
provisions of this Act, the investigations or
DOJshall issue an order
proceedings.
to restrict or block
access to such computer
data.
 SEC.18. Cybercrime Investigation
and Coordinating Center
• There is hereby created,
within thirty (30) days
from the effectivity of this
Act, an inter-agency body
to be known as the
Cybercrime Investigation
and Coordinating Center
(CICC), under the
administrative
supervision of the Office
of the President
 SEC.29. Repealing Clause
• All laws, decrees or rules inconsistent with this
Act are hereby repealed or modified
accordingly. Specifically, Section 33(a) on
Penalties of Republic Act No. 8792 or the
“Electronic Commerce Act”, is hereby
modified accordingly.
 Who caused the insertion of the
libel clause
• On January 24, 2012, while the nation wasriveted on the
impeachment trial of then Chief JusticeRenato Corona,
Sotto introduced an amendment to the proposed Cyber
Crime Law.
Sotto said introducing internet libelwould
make people more cautious on the Net.
 After criticizing Sotto Today, And
One of You “Shout Out” their
Emotions on SOTTO

 Can you be held liable for

violation of RA10175?
 TRORESOLUTION

• GIVEN by the Supreme Court of the

Philippines, this 9th day of October 2012

• NOW, THEREFORE, effective immediately and

for a period of one hundred twenty (120)
days, You, Respondents, your
agents, representatives, or persons acting in
your place or stead, are hereby ENJOINED from
implementing and/ on enforcing Republic Act
No. 10175 (Cybercrime Prevention Act of 2012).
 What then happened?

• On 5 February 2013, The Supreme Court

extended the temporary restraining order on
the law, "until further orders from the court."
 RIGHTSALLEGEDLYVIOLATED
• FREEDOMOFEXPRESSION
• FREEDOMOFPRESS
• DUEPROCESS
• EQUALPROTECTION
• PRIVACYOFCOMMUNICATION
 Sections that are
violative of our
constitutional
• Sec 4c4 rights
– reclassifying libel ascybercrime
• Sec 6 – increasepunishment
• Sec 7 – double jeopardy
• Sec 12 – warrantlesssearch
• Sec 19 – restriction to content mandated by
DOJto service providers without judicial
determination
Assuming that the TROlapse
• Can the one who “Shares” or “Likes” on
Facebook or re-tweets on Twitter the
offending piece now be held liable for libel?
• Can someone who posts a comment agreeing
with the alleged libelous material also be
sued?
Assuming that the TROlapse
• In traditional media – newspapers, TV and radio
networks – the origin of the libelous material is
easy to identify. On the Web, can someone suing
for libel obtain a court order to compel an ISP
(Internet Service Provider) or Facebook or Twitter
to divulge the identity of the one who posted the
alleged libel?
• Can these entities also be held liable sincethey
carried the offending material the way
newspapers carry a libelous story?
Assuming that the TROlapse
• As a blogger, I believe in giving a wide
democratic space to commenters, including
those who criticize me.
• Can I now be sued for any comment that
appears on my site? Besides, libel is in the
eyes of the offended.
Assuming that the TROlapse
• Can someone living in Metro Manila file acase
of internet libel in Zamboanga City on the
pretext that the complainant was surfing in an
Internet Cafe in Zamboanga City when he saw
the offending piece?
Assuming that the TROlapse
• If someone pretends to be me online and
issues allegedly libelous material; or if
someone hacks into my computer, obtains
files and posts them online,
• can I be sued for libel? How do I defendmyself
on this?
Assuming that the TROlapse
• What kind of evidence would the court accept
on internet libel cases?
• Would screencaps suffice?
• How will the court determine ifan offensive
image has been manipulated?
• Or an offending piece was really posted by the
person being sued?
Assuming that the TROlapse
• How is malice proven online? What should
ordinary people online guard against sothat
they are not accused of malice?
• I’m fairly sure there are other issues and
complications which will emerge.
 The answer lies upon the
interpretation of the
Court