Cybercrime Prevention and Law in the Philippines

Cybercrime Prevention and Cybercrime Law

• Protecting Privacy in Cyberspace: Do not open suspicious emails, keep software updated, be cautious of offers demanding immediate action, and avoid oversharing personal information on social media.
• Website Privacy: Websites often allow users to log in with Google accounts or other services; however, linking accounts can create privacy risks.
• Computer Security Measures: Employ strong passwords (eight or more characters with mixed types), use a firewall, and use a VPN (Virtual Private Network) or a browser like Tor (The Onion Router) to improve privacy.
• State Policy (RA 10175): Protect confidentiality, integrity, and availability of data, computer systems, networks, and databases. Implement measures to prevent cyber offenses.

Cybercrime Law in the Philippines (RA 10175)

• Key Provisions (Act of 2012): Addresses offenses against confidentiality, integrity, availability of computer data and systems (CIA). This includes illegal access, data interference, misuse of devices, cyber-squatting, computer-related offenses (identity theft, fraud, forgery), and content-related offenses (cybersex, online child abuse).
• Illegal Access: Unauthorized access to a computer or application.
• Illegal Interception: Unauthorized interception of computer data.
• Data Interference: Unauthorized tampering, destruction, deletion, or deterioration of computer data and electronic documents.
• System Interference: Unauthorized manipulation of computer operations (e.g., virus introduction).
• Misuse of Devices: Unauthorized use, possession, or distribution of gadgets or computer programs.

Different Cybercrimes

• Hacking: Unauthorized entry into computer systems.
• Malware/Piracy: Malicious software and illegal copying.
• Spam: Unwanted electronic messages.
• Phishing: Deceiving users into revealing personal information.
• Identity Theft/Fraud: Stealing personal information for illegal use.
• Cyber pornography/Child Pornography: Illegal content involving minors.
• Copyright Infringement: Unauthorized copying of copyrighted material.
• Denial of Service: Disrupting services by overloading systems.

History of Cybercrimes

• 1820: Joseph-Marie Jacquard, a French textile manufacturer, faced sabotage for using new technology, marking one of the first recorded instances of cybercrime.
• May 3, 1978: Digital Equipment Corporation's Gary Thuerk sent the first, known spam email.
• 1982: Elk Cloner virus created by Rich Skrenta infects Apple II computers.

Cyber Security Challenges (2021)

• Third-Party Misuse of 5G: Potential for 5G network misuse by third parties.
• Increasing Mobile Malware: Rise in malicious software targeting mobile systems.
• AI-Controlled Cybersecurity Systems: Concerns about AI controlling cybersecurity systems.
• Growing Popularity of IoT Devices: Increasing use of Internet-of-Things (IoT) devices and associated security risks.
• Ransomware Attacks: Critical enterprise targets for ransomware.
• Controlling Phishing/Spear-Phishing: Sophisticated phishing attacks are difficult to control.
• Hacktivism: Online activism through malicious hacking.
• Dronejacking: Remote control of drones for harmful purposes.
• Social Engineering: Exploiting non-technical vulnerabilities to gain access.
• Insider Threats: Increased data breaches due to insider access.

Cybercrime Reports in the Philippines

• Online Scams: High reports during (March-September 2020).
• Cybercrime Tip Reports: A large number of reports in 2021.

Why People Commit Cybercrime

• Curiosity
• Fame-seeking
• Financial gain
• Personal reasons
• Intellectual Property: Valuable digital assets.

Intellectual Property (IP)

• Represents creative works like inventions, artwork, and business logos
• Protects IP rights to prevent unauthorized use.

Utility Models (UM)

• A form of protection for innovation that doesn't meet the standards required for a patent.
• Offers protection for "minor inventions" similar to patents, with a shorter duration.
• Covers products, processes, etc (e.g., machines, devices, processes).
• Protected under statutory classes of registrable utility model.

Industrial Designs

• Copyright protects aesthetic features/visual designs of manufactured products
• Conditions for obtaining protection: new/original creation, manufactured article, not determined by technical use, not contrary to public policy or morality.
• Industrial design protection period: 15 years (5-year terms).

Copyright

• Duration varies based on type (original work, joint authorship, etc.)
• Owner rights include reproduction, adaptation, distribution, public display, public performance, and communication to the public.
• Copyright infringement occurs when rights are violated (direct, indirect or induced infringement)
• Fair use exists if the work is for criticism, comment, news, teaching, scholarship, and research within reasonable limitations
• Remedies available for infringement may involve civil, criminal and administrative actions.