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Tuesday, October 2, 2012

Republic Act (RA) No. 10175 or Cybercrime Prevention Act of 2012


[IMAGE BLOCKED.] (RA NO. 10175)

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 [ᴄᴏᴍᴍᴇɴᴛ ʙʟᴏᴄᴋᴇᴅ.] (ʀᴀ ɴᴏ. 10175)

Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 is a Philippine Republic Act signed by President Aquino on 12 September 2012. It aims to address legal issues concerning online interactions. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel, but the new Act received mixed reactions upon its enactment especially on the grounds of freedom of expression, freedom of speech and data security. Several petitions are currently submitted to the Supreme Court of the Philippines questioning the constitutionality of the Act.

Section 4 - Cyber Crime Offenses
(a) Offenses against the confidentiality, integrity and availability of computer data and systems

  • Illegal Access - The access to the whole or any part of a computer system without right.
  • Illegal Interception - The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
  • 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.
  • System Interference - The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or computer program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
  • Misuse of Devices - The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
    • A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
    • 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 intent that it be used for the purpose of committing any of the offenses under this Act.
  • 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:
    • Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
    • Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
    • Acquired without right or with intellectual property interests in it.
(b) Computer-related offenses

  • Computer-related Forgery- 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 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.
  • 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.
  • 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.
(c) Content-related offenses

  • Cybersex - The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
  • Child Pornography - 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. The penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
  • 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:
    • There is prior affirmative consent from the recipient; or
    • The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
    • The following conditions are present:
    • The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source;
    • The commercial electronic communication does not purposely disguise the source of the electronic message; and
    • The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
  • 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.
Section 5 - Other offenses under R.A. 10175
  • 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.
  • Attempt in the Commission of Cybercrime - Any person who willfully attempts to commit any of the offenses enumerated in R.A. 10175 shall be held liable.
Penalties: 

  • For sections 4a and 4b, imprisonment of prision mayor or a fine of at least P200,000 or both.
  • For section 4a5, imprisonment of prision mayor or a fine of not more than P500,000 or both.
  • If section 4a are committed in critical infrastructure, penalty of reclusion temporal or a fine of at least P500,000 or both.
  • For section 4c1, imprisonment of prision mayor or a fine of at least P200,000 but not exceeding P1,000,000 or both.
  • For section 4c2, penalties as enumerated in RA 9775 or Anti-Child Pornography Act of 2009. 1 degree higher if committed in computer system.
  • For section 4c3, punishment of arresto mayor or a fine of at least P50,000 but not exceeding P250,000 or both
  • For section 5, punishment of 1 degree lower of the prescribed penalty for the offense or a fine of at least P100,000 but not exceeding P500,000 or both.
  • Corporate liability is equivalent to at least double the fines imposable in section 7 up to maximum of P10,000,000.
Enforcement and Implementation
The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act. To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

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