Cybercrime Prevention Act of 2012

By

Carla Joyce M. Chan

A CASE ANALYSIS

Submitted to

The Academic Faculty

STI Bacoor, Cavite

In partial fulfillment of the requirements

For the course

Science, Technology and Society

College Faculty

2019
I. Executive Summary

The Cybercrime Prevention Act of 2012, officially recorded as Republic

Act No. 10175, is a law in the Philippines approved on September 12, 2012. It

aims to address legal issues concerning online interactions and the Internet in

the Philippines. Among the cybercrime offenses included in the bill are cyber

squatting, cybersex, child pornography, identity theft, illegal access to data

and libel. The Act, divided into 31 sections split across eight chapters,

criminalizes several types of offense, including illegal access (hacking), data

interference, device misuse, cyber squatting, computer-related offenses such

as computer fraud, content-related offenses such as cybersex and spam, and

other offenses. The law also reaffirms existing laws against child

pornography, an offense under Republic Act No. 9775 (the Anti-Child

Pornography Act of 2009), and libel, an offense under Section 355 of

the Revised Penal Code of the Philippines, also criminalizing them when

committed using a computer system. Finally, the Act includes a "catch-all"

clause, making all offenses currently punishable under the Revised Penal

Code also punishable under the Act when committed using a computer, with

severe penalties than provided by the Revised Penal Code alone.

 The State recognize the vital role of information and communication industries

such as content production, telecommunication, broadcasting electronic commerce, and

data processing, in the nation’s overall social and economic development. The State also

recognize the importance of providing an environment conducive to the development,

acceleration, and rational application and exploitation of information and

communications technology (ICT) to attain free, easy, and intelligible access to exchange

or delivery of information. It considered to be 11 years in the making as various groups,

organizations, and personalities lobbied for its passage. It took awhile for the law to be

passed as legislators and various stakeholders need to understand the magnitude of

cybercrime and whether the penalty provisions indicated in the E-Commerce Law –

Republic Act 8792 is sufficient or not.

II. Statement of the Problem

This case analysis focuses on misuse of technology to do crime which has

negative effect in our society:

1. What are the cause and effect of Cybercrime?

2. How the Government give action about Cybercrime?

3. Importance of Cybercrime Prevention?

III. Causes of the Problem

The Cybercrime is one of the major problem in advancement of

technology and the misuse of it to do crime on my review and understanding there

are sixteen types of Cybercrime it include

1. Illegal access

unauthorized access (without right) to a computer system or application.

2. Illegal interception

Unauthorized interception of any non-public transmission of computer data to, from, or

within a computer system.

3. Data Interference

Unauthorized alteration, damaging, deletion or deterioration of computer data, electronic

document, or electronic data message, and including the introduction or transmission of

viruses.

4. System Interference

Unauthorized 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 messages,

and including the introduction or transmission of viruses.

5. Misuse of devices

The unauthorized use, possession, production, sale, procurement, importation,

distribution, or otherwise making available, of devices, computer program designed or

adapted for the purpose of committing any of the offenses stated in Republic Act

10175.Unauthorized use of 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 Republic Act 10175.

6. Cyber-squatting

Acquisition of domain name over the Internet in bad faith to profit, mislead, destroy

reputation, and deprive others from the registering the same. This includes those existing

trademark at the time of registration; names of persons other than the registrant; and

acquired with intellectual property interests in it. Those who get domain names of

prominent brands and individuals which in turn are used to damage their reputation – can

be sued under this provision. Note that freedom of expression and infringement on

trademarks or names of person are usually treated separately. A party can exercise

freedom of expression without necessarily violating the trademarks of a brand or names

of persons.

7. Computer-related Forgery

Unauthorized input, alteration, or deletion of computer data resulting to 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 The

act of knowingly using computer data which is the product of computer-related forgery as

defined here, for the purpose of perpetuating a fraudulent or dishonest design.

8. Computer-related Fraud

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.
9. Computer-related Identity Theft

Unauthorized acquisition, use, misuse, transfer, possession, alteration or deletion of

identifying information belonging to another, whether natural or juridical.

10. Cybersex

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. There is a discussion on this matter if it involves

“couples” or “people in relationship” who engage in cybersex.

11. Child Pornography

Unlawful or prohibited acts defined and punishable by the Anti-Child Pornography Act

of 2009, committed through a computer system.

12. Libel

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.

13. 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.

14. 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.

15. 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.

 16. Corporate Liability. (Section 9)

When any of the punishable acts herein defined are knowingly committed on behalf of or

for the benefit of a juridical person, by a natural person acting either individually or as

part of an organ of the juridical person.

IV. Decision Criteria and Alternative Solutions

The Regional Trial Court designated special cybercrime courts shall have jurisdiction

over any violation of the provisions of 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 situation 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. The law

gave police authorities the mandate it needs to initiate an investigation to process the various

complaints/report it gets from citizens.

There are instances of online attacks, done anonymously, where victims approach police

authorities for help. They often find themselves lost in getting investigation assistance as police

authorities can’t effectively initiate an investigation. The PNP and NBI are mandated to organize

a cybercrime unit or center manned by special investigators to exclusively handle cases

involving violations of this Act. There are alternative solution in this problem first is the

Responsibility of individuals, Real-time data access, Access limitation.

 V. Recommendation Solution, Implementation and Justification

The recommendation solution is to give responsibilities to the Philippine National Police

(PNP) and National Bureau of Investigation (NBI) The law gave police authorities the mandate it

needs to initiate an investigation to process the various complaints/report it gets from

citizens. There are instances of online attacks, done anonymously, where victims approach police

authorities for help. I truly believe in giving citizen victims, regardless of stature, the necessary

investigation assistance they deserve. This law – gave our police authorities just that. The PNP

and NBI shall be responsible for the enforcement of this law. This includes the PNP and NBI are

mandated to organize a cybercrime unit or center manned by special investigators to exclusively

handle cases involving violations of this Act. The PNP and NBI are required to submit timely

and regular reports including pre-operation, post-operation, and investigation results and such

other documents as may be required to the Department of Justice for review and monitoring.

The responsibility of service providers (SP), Service provider refers any public or private

entity that provides to users of its service the ability to communicate by means of a computer

system, and processes or stores computer data on behalf of such communication service or users

of such service. Cybercrime new authorities, Office of Cybercrime within the DOJ designated as

the central authority in all matters relating to international mutual assistance and extradition.

Cybercrime Investigation and Coordinating Center (CICC) an inter-agency body to be created

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 cyber

security plan.
References:

Karla Martinez Ignacio could face up to six years in jail if found guilty of transferring thousands

of dollars to her bank account using fraudulent computer data.

https://www.youtube.com/watch?v=C0WJ-LVKWWo

A 36-year-old man was arrested on Monday for pretending to be a school girl online to lure a 14-

year-old teenage girl into an extortion scam.

Read more: https://newsinfo.inquirer.net/1070590/cops-arrest-man-who-pretended-to-be-

woman-to-lure-bulacan-teen#ixzz5g0B0M3fo

NBI has filed before the Department of Justice a criminal complaint against an individual

involved in the production of counterfeit ATM and credit cards.

Read more: https://newsinfo.inquirer.net/1043509/nbi-files-rap-vs-man-involved-in-producing-

fake-atm-credit-cards#ixzz5g0BjeqDY

The Philippine National Police Anti-Cybercrime Group (ACG) has nabbed its first bomb threat

sender. The cybercrime unit was able to trace to her IP address—and eventually to her cell-phone

number—a bomb threat sent to various airline companies on July 12. Read

more: https://newsinfo.inquirer.net/1024784/cybercrime-cops-nab-suspected-bomb-threat-

sender#ixzz5g0C3q2kQ

A soldier was arrested at a private mall here on Friday (June 29) for attempting to coerce two ex-

girlfriends into separate sexual encounters by threatening to post their nude photographs and sex

videos online Read more: https://newsinfo.inquirer.net/1005669/soldier-nabbed-for-

blackmailing-two-ex-girlfriends-with-sex-videos#ixzz5g0WxGLLd