Computer-Related Offenses under RA 10175

COMPUTER-RELATED OFFENSES

• There are three computer-related offenses under Section 4(b) of RA 10175:
  • Computer-related forgery
  • Computer-related fraud
  • Computer-related identity theft

COMPUTER-RELATED FORGERY

• Defined as 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 a legal purpose as if it were authentic
• A person is guilty of forgery if:
  • With the purpose to defraud or injure anyone
  • With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone

COMPUTER-RELATED FRAUD

• Defined as the unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage with fraudulent intent
• Elements of Computer-Related Fraud:
  • There is unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system
  • The purpose is to cause damage to the computer system with fraudulent intent

HOW TO PROTECT OURSELVES

• Install antivirus or anti-malware software
• Keep antivirus software up to date
• Run antivirus scans regularly
• Keep operating system up to date
• Protect your network
• Use several secure passwords
• Think before you click
• Keep your personal information secure
• Don't use unsecured Wi-Fi
• Back up your files

PHISHING

• Defined as when criminals use fake emails, social media posts or direct messages with the goal of luring you to click on a bad link or download a malicious attachment
• Common features of phishing emails:
  • Too Good To Be True - Lucrative offers and eye-catching or attention-grabbing statements are designed to attract people's attention immediately

OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF COMPUTER DATA AND SYSTEMS

• There are six cybercrime offenses under Section 4(a) of Cybercrime Law or RA 10175:
  • Illegal Access
  • Illegal Interception
  • Data Interference
  • System Interference
  • Misuse of Device
  • Cyber-squatting

ILLEGAL ACCESS

• Defined as the intentional access to the whole or any part of a computer system without right
• Elements of the Offense of Illegal Access:
  • There must be an intentional access in whole and in part of a computer system
  • The person who attempts to, or is accessing, or had already accessed the data has no right of access to the system

COMPUTER-RELATED IDENTITY THEFT

• Defined as the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right

CONTENT-RELATED OFFENSES

• Cybersex: the willful engagement, maintenance, control, or operation directly or indirectly, or any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or for 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