Cybercrime Prevention Act of 2012 Quiz

Cybercrime Laws in the Philippines

• The Philippines has laws addressing cybercrime, including the Philippine E-Commerce Act of 2000 (Republic Act 8792) and the Cybercrime Prevention Act of 2012 (Republic Act 10175).

Brief Retrospective View

• The ILOVEYOU worm, created in 2000 by Onel De Guzman, caused significant damage across the globe, affecting U.S. officials and other institutions.
• This incident exposed the lack of pre-existing cybercrime laws in the Philippines.

The ILOVEYOU Worm

• Onel De Guzman created a worm that spread through email attachments.
• The worm activated a code that instructed recipients to forward the email to their contacts.
• The worm's spread significantly affected global email accounts.
• Estimated damages reached 10 billion USD.

Guide Questions

• Q 1.1: Onel De Guzman's actions were considered illegal because there were no pre-existing laws in the Philippines concerning cybercrimes at that time.

Philippine E-Commerce Act of 2000 (Republic Act 8792)

• This act recognized and regulated electronic commercial and non-commercial transactions and documents.
• The act is used in the Philippines to address harmful activities caused by individuals who misuse electronic devices.
• It also established penalties for the unlawful use of technology and internet data.

Important Provisions of R.A. 8792

• Chapter II, Section 6: Legal Recognition of Data Messages, established that data messages do not lose their validity simply because they're in electronic form .
• Chapter II, Section 7: Legal Recognition of Electronic Documents, established that electronic documents hold the same legal weight as printed documents.

Prohibited Acts: Hacking

• Hacking/Cracking involves unauthorized access, alteration, or destruction of computer systems.
• Any access done with the intention of corrupting, altering, stealing, or destroying data systems without the owner's consent is illegal.

Prohibited Acts: Piracy

• Piracy is the unauthorized copying, reproduction, storage, uploading, downloading, or broadcasting of protected material using telecommunication networks such as the internet, infringing intellectual property rights.

Penalties

• The minimum fine for cybercrimes is Php 100,000.00.
• The maximum fine is commensurate with the damage incurred.
• Mandatory imprisonment ranges from 6 months to 3 years.

Guide Questions: R.A. 8792 and R.A. 10175

• Connecting to an open WiFi network (with no password) without the owner's consent is illegal under RA 10175, even if there's no direct intent to harm.

Cybercrime Prevention Act of 2012 (R.A. 10175)

• R.A. 10175 is the comprehensive cybercrime law in the Philippines.
• The Act established sufficient powers to effectively prevent and combat cybercrime offences.

Important Definitions

• Personal Information Controller: The individual, corporation, or body deciding how personal data is handled.
• Personal Information Processor: The entity or person processing personal data for the controller.

Three Types of Cybercrimes

• Offenses Against Confidentiality, Integrity, and Availability (CIA) of computer data and systems
• Computer-related offenses
• Content-related offenses

Cybercrime Prevention Act of 2012 (R.A. 10175): Jurisdiction

• Any violation committed by a Filipino national, regardless of the place of commission, is punishable under this law.
• Criminal acts committed within or involving the Philippines using any computer system, wholly or partially situated in the country, are also punishable.
• If damage is caused to a natural or juridical person located in the Philippines due to a cybercrime, anyone responsible for the offense is liable.

Cybercrime Prevention Act of 2012 (R.A. 10175): Jurisdiction Explanation

• If a Filipino commits a crime anywhere in the world, Philippine law can pursue action against them.
• Any part of a cybercrime that takes place in the Philippines subjects it to the law and the law enforcers.
• If a person is a victim of a cybercrime within the Philippines, whoever perpetrated the crime can be held liable.

Cybercrime Prevention Act of 2012 (R.A. 10175): Illegal Access

• Unlawful access to any computer or part of a computer system is illegal without consent from the owner.

Cybercrime Prevention Act of 2012 (R.A. 10175): Data Interference

• Reckless alteration, damaging, deletion, or deterioration of data or programs is illegal.

Cybercrime Prevention Act of 2012 (R.A. 10175) :System Interference

• Reckless interference with a computer or network is illegal.

Example of Data/System Interference: Cryptojacking or Cryptomining Malware

• Software programs and malware that use a computer's resources for cryptocurrency mining without consent.

Example of Data/System Interference: Website Defacing

• Unauthorized modification of websites to include malicious content.

Cybercrime Prevention Act of 2012 (R.A. 10175): Misuse of Devices

• Unauthorized use, production, sale, procurement, distribution of devices, including passwords, for criminal purposes can result in legal action.

Example of Data/System Interference: Use of Skimming Devices/Keyloggers

• Devices used to collect personal information without consent, including credit/debit card details, passwords.
• Involving surveillance, a security breach in the process of taking people's accounts and information.

Cybercrime Prevention Act of 2012 (R.A. 10175): Cyber-Squatting

• Acquiring a domain name with bad faith to profit, mislead, or damage another's reputation.

Example of Data/System Interference: MikeRoweSoft

• Case where a student was legally challenged for using an existing trademark in his (website's domain name).

Cybercrime Prevention Act of 2012 (R.A. 10175): Computer-Related Forgery

• Creating inaccurate data in computer systems with the intent of misrepresentation.

Cybercrime Prevention Act of 2012 (R.A. 10175): Computer-Related Fraud

• Unauthorized actions affecting computer data or systems with the intent to cause a financial loss.

Example of Computer-Related Fraud

• Changing account balances or asking for prepaid loads with deceptive intent to defraud or steal money.

Cybercrime Prevention Act of 2012 (R.A. 10175): Computer-Related Identity Theft

• Acquiring or misusing another person's identifying information.

Example of Computer-Related Identity Theft

• Creating fake profiles for malicious intentions like fraud, theft, or harassment.

Cybercrime Prevention Act of 2012 (R.A. 10175): Cybersex

• Creating and/or engaging in the illegal transfer or recording of harmful/sexual activity using computer systems.

Guide Questions: R.A. 10175

• Consent-based recording of sexual activity is not considered cybersex.
• Sharing photos taken with consent does not violate the act.

Cybercrime Prevention Act of 2012 (R.A. 10175): Child Pornography

• Creating, distributing, or showcasing any content that depicts children engaging in sexual activity.

Guide Questions

• "Hentai" clips, unless explicitly featuring minors, are not considered a violation.

Cybercrime Prevention Act of 2012 (R.A. 10175): Online Libel

• Online libel involves making false, malicious statements or postings that harm another person's reputation.

Online Libel: Elements

• False accusation
• Published statement
• Specific person harmed
• Malicious intent

Guide Questions: R.A. 10175: Libel

• Liking/reacting to a post without actively making claims against a person is not a violation of online libel.
• Sharing a post that contains libel does not make the sharer liable.
• Comments such as "OO NGA!" or similar statements, without additional malicious intent, do not constitute a violation.

Data Privacy Act of 2012 (R.A. 10173)

• The act protects individuals' personal information with rules regarding collection and processing.

Important Principles

• Transparency: Data subjects have a right to understand how their data is being handled.
• Legitimate Purpose: Data collection must align with specific, explicit, and legal reasons.
• Proportionality: Data processing should be limited to essential information.

Processing Sensitive Personal Information

• Consent is needed.
• Processing is related to contract fulfillment.
• Processing supports compliance with legal obligations.
• Processing protects vital interests, such as health or safety.

Rights of the Data Subject

• Right to be informed
• Right to object
• Right to access
• Right to rectification
• Right to erasure or blocking
• Right to damages
• Right to data portability
• Right to file a complaint

Notable Cases and Questions

• Zulueta v. C.A. (1996): Highlighting that the right to privacy remains even within marriage.
• Hing v. Choachuy (2013): Surveillance cameras installed on property without consent can be considered a breach of privacy.

Reasonable Expectation of Privacy

• Situations where individuals expect their private area, like a bathroom or fitting room, or personal actions will remain private.

Punishable Acts (R.A. 9995)

• Unauthorized photographic or video recording of private areas or sexual activity.
• Copying, distribution, or publication of such recordings without consent. (Photo and Video Voyeurism Act of 2009)

Punishable Acts (R.A. 10173)

• Unauthorized processing, access, or disclosure of personal information.
• Improper storage, management or disposal of personal information.