Summary of arguments for and against the cybercrime law
Update:
- Cybercrime Proof Online Behavior (1): Do Not Cyber-Squat
- Cybercrime law takes effect today, Oct. 3, 2012
- How The Cybercrime Law Affect Entrepreneurs and Marketers?
- Cybercrime Law, A Necessary Evil?
- Internet libel threatens Twitter, Facebook users
- The Cybercrime Law and How It Affects Your Freedom of Expression
- New cybercrime law could lead to ‘warrantless’ takedowns of websites, privacy violations
- The new Cybercrime law is
Republic Act No. 10175
View or Download the pdf copy signed by President Benigno Aquino III
image from world.edu
We received news that the Cybercrime Prevention Act of 2012 was signed by Pres. Benigno “Noynoy” Aquino III last Sept. 12, 2012. Though, according to newsbytes.ph, there are no copies yet of the signed document. The “Cybercrime Prevention Act of 2012” refers to the misuse, abuse and illegal access of computer information or data. The following offenses shall be considered a crime:
Here is a good synopsis of the law as appreciated by Janette Toral :
| Types of Cybercrime | Penalty |
| 1. Illegal access Unauthorized access (without right) to a computer system or application. |
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.————————If committed against critical infrastructure:Reclusion temporal (imprisonment for twelve years and one day up to twenty years)or
a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or BOTH |
| 2. Illegal interception Unauthorized interception of any non-public transmission of computer data to, from, or within a computer system. |
– same as above |
| 3. Data Interference Unauthorized alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, and including the introduction or transmission of viruses.Authorized action can also be covered by this provision if the action of the person went beyond agreed scope resulting to damages stated in this provision. |
– same as above |
| 4. System Interference Unauthorized hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data messages, and including the introduction or transmission of viruses.Authorized action can also be covered by this provision if the action of the person went beyond agreed scope resulting to damages stated in this provision. |
– same as above |
| 5. Misuse of devices The unauthorized use, possession, production, sale, procurement, importation, distribution, or otherwise making available, of devices, computer program designed or adapted for the purpose of committing any of the offenses stated in Republic Act 10175.Unauthorized use of 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 Republic Act 10175. |
– same as above except fine should be no more than Five hundred thousand pesos (P500,000). |
| 6. Cyber-squatting Acquisition of domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from the registering the same. This includes those existing trademark at the time of registration; names of persons other than the registrant; and acquired with intellectual property interests in it.Those who get domain names of prominent brands and individuals which in turn is used to damage their reputation – can be sued under this provision.Note that freedom of expression and infringement on trademarks or names of person are usually treated separately. A party can exercise freedom of expression without necessarily violating the trademarks of a brand or names of persons. |
– same as above |
| 7. Computer-related Forgery Unauthorized input, alteration, or deletion of computer data resulting to 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; orThe act of knowingly using computer data which is the product of computer-related forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design. |
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurredor BOTH. |
| 8. Computer-related Fraud 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. |
– same as aboveProvided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree lower. |
| 9. Computer-related Identity Theft Unauthorized acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical. |
– same as above |
| 10. Cybersex 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.There is a discussion on this matter if it involves “couples” or “people in relationship” who engage in cybersex. For as long it is not done for favor or consideration, I don’t think it will be covered. However, if one party (in a couple or relationship) sues claiming to be forced to do cybersex, then it can be covered. |
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000)or BOTH. |
| 11. Child Pornography Unlawful or prohibited acts defined and punishable byRepublic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. |
Penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system. |
| 12. Unsolicited Commercial Communications (SPAMMING) The transmission of commercial communication with the use of computer system which seek to advertise sell, or offer for sale products and services are prohibited unless: (a) There is prior affirmative consent from the recipient; or(b) The primary intent of the communication is for service and / or administrative announcements from the sender to its existing users, subscribers or customers; or(c) The following conditions are present:(aa) 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;(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and (cc) 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. |
Imprisonment of arresto mayor (1 month and one day to 6 months) or a fine of at least Fifty thousand pesos (P50,000) but not exceeding Two hundred fifty thousand pesos (P250,000) or both. |
| 13. Libel 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.Revised Penal Code Art. 355 states Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.The Cybercrime Prevention Act strengthened libel in terms of penalty provisions.The electronic counterpart of libel has been recognized since the year 2000 when the E-Commerce Law was passed. The E-Commerce Law empowered all existing laws to recognize its electronic counterpart whether commercial or not in nature. |
Penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. |
| 14. Aiding or Abetting in the commission of cybercrimeAny person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. | Imprisonment of one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (P100,000) but not exceeding Five hundred thousand pesos (P500,000)or both. |
| 15. 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. | – same as above |
| 16. 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. | Penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. |
| Although not exactly a cybercrime, I am including this here as penalties are also imposed by the law. 17. 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;(b) an authority to take decisions on behalf of the juridical person. Provided, That the act committed falls within the scope of such authority; or(c) an authority to exercise control within the juridical person,It also includes commission of any of the punishable acts made possible due to the lack of supervision or control. |
For sanctioned actions, Juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (P10,000,000).For neglect such as misuse of computer resources that resulted to cybercrime committed in organization physical or virtual premises or resources, juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (P5,000,000).Criminal liability may still apply to the natural person. |
This post shall be updated as we await the IRR (Implementing Rules and Regulations)
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