Acts for Cyber Crimes Prevention

What are the Cybercrime Offenses

Offenses against confidentiality, integrity and availability of computer data and systems includes

• illegal access, illegal interception, data interference, system interference, misuse of device and cybersquatting computer related offenses
• computer-related forgery, fraud, identity theft content-related offenses
• cybersex, child pornography, unsolicited commercial communications and libel

The definition under the Revised Penal Code (RPC) for libel is followed: 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.

Unsolicited commercial communications refer to the transmission of commercial electronic communication with the use of computer system which seek to advertise, sell or offer for sale products and services.

The law also punishes those who aids or abets in the commission of the cybercrime as well as those who attempt to commit the same.

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Penalties to be imposed include imprisonment of prision mayor or 12 years plus a fine ranging from P200,000 up to P1,000,000. Under Sec. 12, law enforcement authorities shall be authorized to collect or record traffic data in real time associated with specified communications transmitted by means of a computer system. o The requirement for this is “due cause” and no warrant is necessary.

o Traffic data refer to communication’s origin, destination, route, time date, size, duration or type à but excludes content. o To seize or disclose content, a court warrant is necessary. Under Section 19, the Department of Justice can issue an order to restrict or block access to the computer data, should the computer data be found to be prima facie (presumed to be) in violation of the law. [Critics have called this the take down clause]

Comments

The inclusion of libel

No clear definition à allowing people who share, retweet, post to be prosecuted Penalty for online libel is 12 years imprisonment as opposed to the libel under the RPC which is 4 years and 2 months. The Philippine libel law has been previously been declared by the UN Human Rights Commission as excessive and incompatible with international human rights law. (October 2011) Individuals can get punished for libel under the Cybercrime Law and under the RPC because of Sec. 7 which provides that a prosecution under this law shall be without prejudice to any liability for violation of the RPC or special laws. Under Section 19 or the “Takedown clause,” the Department of Justice can immediately order blocking access to your computer data, depriving you of the opportunity to access and see your stored information. Here, the DOJ acts as the prosecutor and the court who issues the “gag” order. Law is silent on the liability of service providers.