Questions and Answers
What is the time period given to any person or service provider to disclose or submit subscriber's information, traffic data, or relevant data in their possession or control after receiving an order from law enforcement authorities?
Law enforcement authorities can conduct a search and seizure of computer data without a properly issued warrant.
False
What is the purpose of law enforcement authorities ordering a person with knowledge about the functioning of a computer system to provide necessary information?
To enable the undertaking of the search, seizure, and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium, but in no case for a period longer than _______________ days from the date of approval by the court.
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Match the following powers and duties of law enforcement authorities with the corresponding letter:
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What can law enforcement authorities do to those computer data in the accessed computer or computer and communications network?
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Law enforcement authorities can request for an extension of time to complete the examination of the computer data storage medium for a period longer than 30 days.
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What is the purpose of law enforcement authorities seizing computer data?
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Law enforcement authorities shall have the power to conduct _______________ as defined in this Act.
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Study Notes
Republic Act No. 10175: Cybercrime Prevention Act of 2012
Preliminary Provisions
- The Act is officially known as the "Cybercrime Prevention Act of 2012"
- The State recognizes the importance of information and communications industries in the nation's development
- The State aims to provide an environment conducive to the development and application of ICT
- The Act aims to protect computer systems, networks, and databases from misuse, abuse, and illegal access
Definition of Terms
- Access: instruction, communication, storing data, retrieving data, or making use of a computer system or network
- Alteration: modification or change of an existing computer data or program
- Communication: transmission of information through ICT media (voice, video, data, etc.)
- Computer: electronic, magnetic, optical, electrochemical, or other data processing device or grouping of devices
- Computer data: representation of facts, information, or concepts suitable for processing in a computer system
- Computer program: set of instructions executed by the computer to achieve intended results
- Computer system: device or group of interconnected devices that perform automated processing of data
- Without right: conduct undertaken without or in excess of authority, or conduct not covered by established legal defenses
- Subscriber's information: information contained in computer data or other form, relating to subscribers of a service provider
- Traffic data: computer data other than the content of the communication, including origin, destination, route, time, date, size, duration, or type of underlying service
Punishable Acts
- Offenses against the confidentiality, integrity, and availability of computer data and systems:
- Illegal access: accessing a computer system without right
- Illegal interception: intercepting non-public transmission of computer data without right
- Data interference: intentionally altering, damaging, deleting, or deteriorating computer data without right
- System interference: intentional or reckless alteration, damaging, deletion, or deterioration of a computer system without right
- A prosecution under this Act is without prejudice to any liability for violation of any provision of the Revised Penal Code or special laws
Penalties
- Penalties for punishable acts under Sections 4(a) and 4(b): imprisonment of prision mayor or a fine of at least PHP200,000 up to a maximum amount commensurate to the damage incurred
- Penalties for punishable acts under Section 4(a)(5): imprisonment of prision mayor or a fine of not more than PHP500,000
- If punishable acts are committed against critical infrastructure, the penalty shall be reclusion temporal or a fine of at least PHP500,000 up to a maximum amount commensurate to the damage incurred
- Penalties for punishable acts under Section 4(c)(1): imprisonment of prision mayor or a fine of at least PHP200,000 but not exceeding PHP1,000,000
- Penalties for punishable acts under Section 4(c)(2): penalties as enumerated in Republic Act No. 9775 (Anti-Child Pornography Act of 2009), with a penalty one degree higher if committed through a computer system
- Penalties for punishable acts under Section 4(c)(3): imprisonment of arresto mayor or a fine of at least PHP50,000 but not exceeding PHP250,000
Search, Seizure, and Examination of Computer Data
- Law enforcement authorities may issue an order requiring a person or service provider to disclose or submit subscriber's information, traffic data, or relevant data within 72 hours
- Law enforcement authorities may conduct interception, secure a computer system or data storage medium, make and retain a copy of computer data, maintain the integrity of stored data, conduct forensic analysis, and render inaccessible or remove computer data
Custody of Computer Data
- Law enforcement authorities may request for an extension of time to complete the examination of computer data storage medium and to make a return thereon, but in no case for a period longer than 30 days from date of approval by the court
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Description
This quiz covers the Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, which defines cybercrime and outlines prevention, investigation, and penalties in the Philippines.
