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Philippine Cybercrime Laws Modules 9-11 PDF

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Summary

This document provides an overview of Philippine cybercrime laws, covering topics such as definitions, types, and legal frameworks. It details various cybercrime offenses, including those related to data manipulation, system interference, and malware. The document also touches upon the historical timeline and legislative context of cybercrime laws in the Philippines.

Full Transcript

Module 9 I. Introduction to Philippine Cybercrime Laws A. Objectives 1. Familiarize with Philippine Cybercrime Laws 2. Recognize territoriality principle of penal law 3. Understand importance of protecting digital integrity and confidentiality B. Philippine Digital State 1. E-...

Module 9 I. Introduction to Philippine Cybercrime Laws A. Objectives 1. Familiarize with Philippine Cybercrime Laws 2. Recognize territoriality principle of penal law 3. Understand importance of protecting digital integrity and confidentiality B. Philippine Digital State 1. E-Commerce Use 2. Social Media Use II. Cybercrime Overview A. Definition Use of computers for illegal activities (e.g., fraud, trafficking, identity theft, privacy violations) B. Key Aspects 1. Non-local nature 2. Digital traces 3. Need for international cooperation 4. Information targeting III. Timeline of Cybercrime Legislation in the Philippines A. Year 2000 1. E-Commerce Law (RA 8792) enacted 2. I Love You Virus incident 3. PH-CERT efforts began B. Years 2001-2002 1. Rise in hacking and cybercrimes 2. Convention on Cybercrime proposed 3. Anti-Cybercrime Bill filed C. Year 2010 Norton report on Filipino cybercrime victims D. Year 2011 Cybercrime Bill Committee Report submitted E. Year 2012 RA 10175 (Cybercrime Prevention Act) signed IV. Cybercrime Prevention Act of 2012 (RA 10175) A. Original Intent 1. Cybersex 2. Child pornography 3. Identity theft 4. Unsolicited electronic communication B. Key Additions 1. Online libel C. Punishable Offenses 1. Content-related offenses 2. Cybersex 3. Child pornography 4. Libel V. Anti-Photo and Video Voyeurism Act of 2009 (RA 9995) A. Background Initially part of Cybercrime Law, later removed B. Purpose Addresses unauthorized sexual content violations C. Salient Features 1. Prohibits capturing/sharing private sexual content without consent 2. Prohibits reproduction, sale, or broadcast of such content Module 10 I. Introduction to Cybercrime Offenses A. Objectives 1. Differentiate between types of offenses 2. Understand importance of protecting digital integrity 3. Discuss elements of each cybercrime offense 4. Distinguish data interference from system interference B. Key Concepts: Confidentiality, Integrity, and Availability (CIA) 1. Confidentiality: Protection of systems, networks, and data 2. Integrity: Accuracy and trustworthiness of data 3. Availability: Accessibility of data, services, and systems II. Types of Cybercrime Offenses A. Illegal Access 1. Definition: Accessing computer system without right 2. Elements: - Intentional access to whole/part of computer system - No right of access 3. Penalty: - General: Prison mayor or fine of at least ₱200,000, or both - Against critical infrastructure: Reclusion temporal or fine of at least ₱500,000, or both B. Illegal Interception 1. Definition: Intercepting non-public data transmission without right 2. Elements: - Intentional - By technical means - Without right - Non-public transmission 3. Penalty: Same as Illegal Access C. Data Interference 1. Definition: Altering, damaging, deleting, or deteriorating computer data without right 2. Key points: - Includes virus introduction/transmission - Covers authorized actions exceeding agreed scope 3. Penalty: Same as Illegal Access D. System Interference 1. Definition: Hindering/interfering with computer/network functioning 2. Key points: - Includes virus introduction/transmission - Covers authorized actions exceeding agreed scope - Affects both data and computer programs 3. Penalty: Same as Illegal Access E. Device Misuse 1. Definition: Misuse of devices/tools for committing cybercrimes 2. Covers: - Use, production, sale, etc. of devices for cybercrime - Misuse of passwords, access codes - Possession with intent to commit cybercrime 3. Penalty: Same as Illegal Access, but fine up to ₱500,000 F. Cybersquatting 1. Definition: Bad faith acquisition of domain names 2. Elements: - Acquisition over internet - Bad faith intent (profit, mislead, destroy reputation, deprive others) - Similar/identical to existing trademark or person's name 3. Penalty: Same as Device Misuse III. Forms of Malware 1. Worm: Self-spreading malicious software 2. Virus: Requires user activity to spread 3. Trojan horse: Disguised as legitimate software 4. Spyware: Monitors systems and relays information 5. Ransomware: Holds data/systems hostage for ransom 6. Cryptoransomware: Encrypts user's documents 7. Doxware: Threatens to release data if ransom isn't paid Module 11 Here's an organized structure for a reviewer quiz based on the provided content: I. Computer-Related Offenses (Section 4(b) of RA 10175) A. Computer-related Forgery 1. Definition: a) Active: Input, alteration, or deletion of data resulting in inauthentic data b) Passive: Knowingly using forged data for fraudulent purposes 2. Elements: a) Active: - Unauthorized data manipulation - Results in inauthentic data - Intent for data to be considered authentic b) Passive: - Existing inauthentic data - Knowingly using it for fraudulent purposes 3. Penalty: Prision mayor or fine of ₱200,000 up to damage amount, or both B. Computer-related Fraud 1. Definition: Unauthorized data/system manipulation causing damage with fraudulent intent 2. Elements: - Unauthorized data/system manipulation - Purpose to cause damage with fraudulent intent 3. Penalty: Same as Computer-related Forgery; one degree lower if no damage caused C. Computer-related Identity Theft 1. Definition: Unauthorized acquisition or use of another's identifying information 2. Penalty: Same as Computer-related Forgery; one degree lower if no damage caused II. Content-Related Offenses (Section 4(c) of RA 10175) A. Cybersex 1. Definition: Willful engagement in lascivious exhibition using computer system for consideration 2. Elements: - Willful engagement in lascivious exhibition - Use of computer system - For favor or consideration 3. Penalty: Prision mayor or fine of ₱200,000 to ₱1,000,000, or both B. Child Pornography 1. Definition: Acts defined in RA 9775, committed through computer system 2. Penalty: One degree higher than provided in RA 9775 C. Unsolicited Commercial Communications 1. Definition: Transmission of commercial messages without prior consent 2. Exceptions: - Prior affirmative consent - Administrative announcements to existing users - Presence of opt-out option, non-disguised source, and no misleading information

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