PHILIPPINES CYBERCRIME PREVENTION ACT OF 2012

(Two days after I blogged this, I saw this from Inquirer site http://globalnation.inquirer.net/50392/anti-islam-video-wont-be-blocked-says-palace?utm_source=twitterfeed&utm_medium=facebook about a certain issue: 
"A third Palace official on Sunday said the government could not block the video because the Internet was covered by the freedom of expression. "
Now this really confuses me on the real stand of the Palace about LIBEL as part of cybercrime punishable in our country!)

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Next to the Bill of Rights, this is the new law that should be engraved in our heads, dear Filipino netizens.

I've taken the liberty to encode portions of it for those of you who might need to copy it.  I bet the computer science students would be requied to take this up on their Constitution subject.

I've omitted the Penalty part.  For sure, there will be more complete postings from other blogs and I wouldn't waste my time mentioning something you really don't need to know if you do not intend to commit any of the mentioned crimes below! Ha! Although I think some of the cybercrimes included in this law shouldn't be there or are unnecessary.  And certainly have loopholes.

Recently, we've been reported as being the seventh top spammers worldwide.  How embarassing can that be, yeah?  As if we've got not better business to do.  But well, I personally feel the internet wouldn't be as colorful as it is without it as well! Ha!  It's become a part of our cyber life, I guess. But now, spamming is against our law! Hmmmmm.

Personally, I think this law is interesting.  Just because computer techies are smart creatures and don't do things without having their ass securely covered.  So if one really intends to commit a cyber crime, there are certainly lots of ways to avoid detection and trace.  And that's where the challenge to the cybercrimebusters lies.

With USA, its a part of their CSI stuff already.  So normal I guess.  Even that Anonymous Member has been traced and caught already just recently.  I wonder if that can be done here, in case some bad ass pulls similar stuff on our government peeps.

Pretty interesting.  And on both sides challenging,  don't you think?
 

 (Taken from a scanned copy of InterAksyon,http://www.interaksyon.com/infotech/beware-online-libel-included-in-cybercrime-law)

REPUBLIC ACT 10175 -CYBERCRIME PREVENTION ACT OF 2012



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 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 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.

(5)    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 reputations, 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.

(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

(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, whethere natural or juridical, without right: Provided,  That if no damage has yet been cause, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex - The willful engagement, maintenance, control, or operation, directly or indirectly, or 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.


(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

(iii)  The following conditions are present:

(aa)  The commercial electronic communications 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 communications does not purposely disguise the source of the electronic message; and

(cc)  The commercial electronic communications does not purposely include misleading 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.

(portions deleted...)

Chapter IV
ENFORCEMENT AND IMPLEMENTATION

SEC.10 Law Enforcement Authorities. - The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

SEC.11. Duties of Law Enforcement Authorities.--To ensure that the technical nature of cybercrime and its preventions is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-opration, post-operation and investigation results and such oher documents as may be required to the Department of Justice(DOJ) for review and monitoring.

SEC. 12. Real-Time Collection of Traffic Data.---Law enforcement authorities, with due cause, shall be authorized to collect, or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication's origin,destination,route,time,date,size,duration,or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing:(1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed,or is being committed,or is about to be committed,(2) that there are reasonable grounds to believe that evidence that will be obtained in essential to the conviction of any person for, or to the solution of,or to the prevention of any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

SEC.13. Preservation of Computer Data.-  The integrity of traffic data or subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction.  Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6)months. Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service  provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

SEC. 14. Disclosure of Computer Data. - Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber's information,traffic data or relevant data in his/its possessions or control withi seventy-two(72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

SEC. 15. Search, Seizure and Examination of Computer Data. - Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant,to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;l

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and  preserve the computer data thereon to provide, as is reasonable,the 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 and to make a return thereon but in no case for a period longer than thirty(30) days from date of approval by the court.

SEC. 16. Custody of Computer Data. - All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data.  The law enforcement authority shall also certify that  no duplicates or copies of the whole or any  part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court.  The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whom conversations or communications have been recorded.

SEC. 17.  Destruction of Computer Data. - Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.

SEC. 18.  Exclusionary Rule. - Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

SEC. 19  Restricting or Blocking Access to Computer Data. - When a computer data in prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

SEC. 20. Noncompliance - Failure to comply with the provisions of Chapter IV hereof specifically the  orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correccional in its maximum period or a fine of One hundred thousand pesos (Php 100,000.00) or both for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V

JURISDICTION

SEC. 21. Jurisdiction. - The Regional Trial Court shall have jurisdiction over any violation of the provisions f this Act including any violation committed by a Filipino national regardless of the place of commission.  Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There  shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

SEC. 22. General Principles Relating to International Cooperation. - All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniforms or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic  form of a criminal offnese shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES

SEC. 23. Department of Justice (DOJ) - There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.

SEC. 24. Cybercrime Investigation and Coordinating Center. - There is hereby created, within thirty (30) days from the effectivity of this Act, an inter agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity     plan.

SEC. 25. Composition. - The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members; The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.

SEC.26. Powers and Functions. - The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and exted immediate assistance for the suppression of real-time commission of cybercrime offenses thorugh a computer emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;

(c)  To monitor cybercrime cases being handled by participating law enforcement and prosecution agencies;

(d)  To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;

(e)  To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other related projects;l

(f)  To recommend the enactment of appropriate laws, issuances, measures and policies;

(g)  To call upon any government agency to render assistance in the accomplishment of the CICC's mandated tasks and functions; and

(h)  To perform all other matters related t cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper supplementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

SEC. 27. Appropriations.- The amount of Fifty million pesos (Ph50,000,000) shall be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations. - The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and  regulations within ninety (90) days from approval of this Act, for its effective implementation.

SEC.29.  Separability Clause. - If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.

SEC. 30.  Repealing Clause. - All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly.  Section 33(a) or Republic Act No. 8792 or the "Electronic Commerce Act" is hereby modified accordingly.

SEC. 31.  Effectivity.  - This Act shall take effect fifteen (15) days  after the completion of the publication in the Official Gazette or in at least two (2) newspapers of general circulation.


(APPROVED:  SEPT 12, 2012 BY THE PRESIDENT OF THE PHILIPPINES)


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