Blog

RA 10175 Cyber Crime Law


Warning: some contents posted herein specially those posted in (dark) red are based on my own understanding. SEC. 4. Cybercrime Offenses. -- The following acts constitute the offense of cybercrime punishable under this Act: Violation of the following (a) and (b) can give 6-12 years imprisonment or 200k PHP above (depending on the damage) or both the imprisonment and cash.
  • (a) Offenses against the confidentiality, integrity and availability of computer data and systems: (if one will violate these and do harm to a critical goverment system that will cause large amount of damage to the nation, the penalty may increase to 12-17 years of imprisonment and/or 500k PHP minimum [depending on the damage])
    • (1) Illegal Access. - The access to the whole or any part of a computer system without right. (eg. hacking)
    • (2) 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. (eg. wifi data catching [not the right term for stealing data on wireless system])
    • (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 a 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. (The following has minimum fine of 500K PHP instead of 200K PHP)
      • (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 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.
      • (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.
    • This part 4(a)(6) is actually stupid, I think it's everybody's right to get any vacant or newly vacant domain
    • (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 in 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. ( this is so parallel with my understanding of "fraud" )
    • (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. What does "right" specifically mean? Do I have a right to download someone's picture just because I am his friend on Facebook?
  • (c) Content-related Offenses:
    • (1) 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. Is this about live cybersex or does this include porn? Does "favor or consideration" means prostitution? Violation of this can result to 6 years to 12 years imprisonment and/or 200k PHP to 1M PHP fine
    • (2) 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: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 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: (eg. spam) Violation of this offense can lead to 1-6 months imprisonment and/or 50k-250k pesos or both
      • (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 (This favors telco spams every time you load your prepaid sim)
      • (iii) 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.
    • (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.
      • The controversial part, or rather, the part that is used to create the controversy; Libel is defined as:
        • A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. (Article 353)
      • The punishment for this offense ranges from 1 day to 30 days or 20-200 pesos for slander (Article 358), 1-6 months or 200-2000 pesos for blackmail (Article 356) and 6 months (to 6 months??) for slander by deed (Article 359)
SEC. 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.
  • (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.
SEC. 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) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. (Accomplices and permissive people of the "crime" will have 1 year less imprisonment than the main violator)
SEC. 7. Liability under Other Laws. -- A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws. (I can't understand this part!! lol)  

Conclusion

In conclusion I think this issue is blown out of proportion. I think people would need to think bago sila makiride on with the issues. In the internet we have been like lawless cavemen living in a high technology world. Laws may s*ck but it's what keeps us in order.   The lawlessness itself of the internet is the main reason why the internet is fun more most people, cause you can do anything.   But this lawlessness in the internet is also what it makes it a very dangerous place for everyone, specially children. People should act in the internet the same as they act in real life. That's why the word ethical is always used in the cyber world. Soon it will be replaced with the word "legal". This might be for the good, or maybe not, but as I see it, it's not bad. [Edit 1:33 AM: However, of course, some of the penalties are too much.]         Sources: http://www.gov.ph/2012/09/12/republic-act-no-10175/ http://www.interaksyon.com/infotech/article-355-of-the-revised-penal-code-libel http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1299-duration-and-effects-of-penalties.html

Comments (0)


Add a Comment





Allowed tags: <b><i><br>Add a new comment:


A Few Accomplishments

Integer eu ante ornare amet commetus vestibulum blandit integer in curae ac faucibus integer non. Adipiscing cubilia elementum integer. Integer eu ante ornare amet commetus.

Possibly broke spacetime

Integer eu ante ornare amet commetus vestibulum blandit integer in curae ac faucibus integer adipiscing ornare amet.

Terraformed a small moon

Integer eu ante ornare amet commetus vestibulum blandit integer in curae ac faucibus integer adipiscing ornare amet.

Snapped dark matter in the wild

Integer eu ante ornare amet commetus vestibulum blandit integer in curae ac faucibus integer adipiscing ornare amet.

Contact Me

Integer eu ante ornare amet commetus vestibulum blandit integer in curae ac faucibus integer non. Adipiscing cubilia elementum integer. Integer eu ante ornare amet commetus.