Lesson 10 - Challenges in the Virtual World PDF

CHALLENGES IN THE VIRTUAL WORLD LESSON 10 INTRODUCTION People nowadays find media as the fastest means of exchanging numerous information, but lack to note the possible harmful effects of it. The International Human Rights Law manages to provide security against possible harm...

CHALLENGES IN THE VIRTUAL WORLD LESSON 10 INTRODUCTION People nowadays find media as the fastest means of exchanging numerous information, but lack to note the possible harmful effects of it. The International Human Rights Law manages to provide security against possible harmful online content. INTRODUCTION Commercial fraud: Commercial fraud happens when sellers pretend to sell goods or services which, after payment, either do not show the promised attributes or are not delivered at all. INTRODUCTION Grooming: Grooming refers to pedophiles using the Internet as a means to contact children and young people while concealing their adult identity. INTRODUCTION Bullying: Various types of bullying seem always to be part of people’s lives. Even though publishing content like defamatory pictures can be part of bullying, the phenomenon is chiefly related to online contact. “Cybercrime Prevention Act of 2012” To address the above-mentioned media-related issues, the Philippine Government approved the Republic Act 10175 also known as the “Cybercrime Prevention Act of 2012” which aims to address legal issues concerning online interactions and technology related concerns in the country. RA 10175 of 2012, includes the following. PUNISHABLE ACTS Section 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. PUNISHABLE ACTS (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. PUNISHABLE ACTS (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. PUNISHABLE ACTS (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. PUNISHABLE ACTS (5) Misuse of Devices (i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: (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. PUNISHABLE ACTS (b) 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 PUNISHABLE ACTS (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. PUNISHABLE ACTS (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. PUNISHABLE ACTS (c) 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. PUNISHABLE ACTS (3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for 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 PUNISHABLE ACTS (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. PENALTIES Furthermore, Section 8 of the law tackles about Penalties such as — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.