LEA 2-Comparative Models in Policing (PDF)

LEA 2-Comparative Models in Policing MODULE 5: Impact of Globalization and New Technologies in Transnational Crime Page 1 of 4 LESSON PROPER Transnational Organized Crime (TOC) poses a significant and growing...

LEA 2-Comparative Models in Policing MODULE 5: Impact of Globalization and New Technologies in Transnational Crime Page 1 of 4 LESSON PROPER Transnational Organized Crime (TOC) poses a significant and growing threat to national and international security, with dire implications for public safety, public health, democratic institutions, and economic stability across the globe. Not only are criminal networks expanding, but they also are diversifying their activities, resulting in the convergence of threats that were once distinct and today have explosive and destabilizing effects. Modern technology is their main means to commit crimes and inflict serious effect to the society. 1. Cybecrimes are criminal offenses committed via the Internet or otherwise aided by various forms of computer technology, such as the use of online social networks to bully others or sending sexually explicit digital photos with a smart phone. But while cybercrime is a relatively new phenomenon, many of the same offenses that can be committed with a computer or smart phone, including theft or child pornography, were committed in person prior to the computer age. This sub-section includes articles on cyber bullying, sexting, and a whole host of other crimes commonly committed online or with the help of computer networking technology Common Cyber Crimes Identity Theft - is the deliberate use of someone else's identity, usually as a method to gain a financial advantage or obtain credit and other benefits in the other person's name, and perhaps to the other person's disadvantage or loss. Sexting - Overview of the disturbingly common phenomenon known as sexting, which is the use of text messaging or similar networking technologies to send and receive sexually explicit messages or photographs. Computer Crime – Brief synopsis of the various offenses that constitute computer crime, such as unauthorized intrusion into a protected network, using encryption in the commission of another crime, or introducing computer viruses into a computer system. Here are some examples of Computer Crimes: a. Modifying, damaging, using, disclosing, copying, or taking programs or data b. Improperly accessing a computer, system, or network c. Cyber harassment d. Cyber stalking e. Credit Card Fraud f. Online Libel or Slander g. Child Pornography h. Falsifying email source information i. Using encryption in aid of a crime Cyber Bullying - Explanation of the crime of cyberbullying, which is the act of using computer networking technology and online social networks to harass, intimidate and otherwise bully classmates or other peers. 2. Money Laundering is the illegal process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking transfers or commercial transactions. The overall scheme of this process returns the "clean" money to the launderer in an obscure and indirect way. LEA 2-Comparative Models in Policing MODULE 5: Impact of Globalization and New Technologies in Transnational Crime Page 2 of 4 Electronic Money Laundering The Internet has put a new spin on the old crime. The rise of online banking institutions, anonymous online payment services and peer-to-peer (P2P) transfers with mobile phones have made detecting the illegal transfer of money even more difficult. Moreover, the use of proxy servers and anonymizing software makes the third component of money laundering, integration, almost impossible to detect-money can be transferred or withdrawn leaving little or no trace of an IP address. Money can also be laundered through online auctions and sales, gambling websites, and virtual gaming sites, where ill-gotten money is converted into gaming currency, then back into real, usable, and untraceable "clean" money. The newest frontier of money laundering involves cryptocurrencies, such as Bitcoin. While not totally anonymous, they are increasingly being used in blackmail schemes, the drug trade, and other criminal activities due to their relative anonymity compared with more conventional forms of currency. Anti-money-laundering laws (AML) have been slow to catch up to these types of cybercrimes, since most of the laws are still based on detecting dirty money as it passes through traditional banking institutions. 3. Darknet Market A darknet market or crypto market is a commercial website on the web that operates via darknets such as Tor or 12P. They function primarily as black markets, selling or brokering transactions involving drugs, cyber-arms, weapons, counterfeit currency, stolen credit card details, forged documents, unlicensed pharmaceuticals, steroids, and other illicit goods as well as the sale of legal products. 4. R.A. 10175 SEC. 4. Cybercrime Offenses. The following acts constitute the offense of cybercrime punishable under this Act: (a) Offenses against the confidentiality, integrity and availability of computer data and systems: (1) Illegal Access. - The access to the whole or any part of a computer system without right. (2) Illegal Interception. The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data. (3) Data Interference. The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses. (4) System Interference. The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses. (5) Misuse of Devices. (i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: (aa) A device, including a computer program, designed or adapted LEA 2-Comparative Models in Policing MODULE 5: Impact of Globalization and New Technologies in Transnational Crime Page 3 of 4 primarily for the purpose of committing any of the offenses under this Act; or (bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act. (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section. (6) Cyber-squatting. - The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is: (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration: (ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and (iii) Acquired without right or with intellectual property interests in it. (a) Computer-related Offenses: (1) Computer-related Forgery. (i) 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 legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or (ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. (2) Computer-related Fraud. The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. (3) Computer-related Identity Theft. - The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. (b) Content-related Offenses: (1) Cybersex. - The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. (2) 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: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775. The transmission of commercial electronic (3) Unsolicited Commercial Communications. communication with the use of computer system which seek to advertise, sell, or offer for LEA 2-Comparative Models in Policing MODULE 5: Impact of Globalization and New Technologies in Transnational Crime Page 4 of 4 sale products and services are prohibited unless: (i) There is prior affirmative consent from the recipient; or (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or (iii) The following conditions are present: (aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source; (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and (cc) The commercial electronic communication does not purposely include mislea ding information in any part of the message in order to induce the recipients to read the message. (4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. SEC. 5. Other Offenses. The following acts shall also constitute an offense: (a) Aiding or Abetting in the Commission of Cybercrime. - Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. (b) Attempt in the Commission of Cybercrime. - Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable. SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be. SEC. 7. Liability under Other Laws. - A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.