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Holy Angel University

Angeles City

College of Criminal Justice Education and Forensics

ORGANIZED CRIME INVESTIGATION


COMPUTER (TECHNOLOGY/ELECTRONIC)
OR CYBERCRIMES

A. MODE AND MANNER OF COMMITTING


CYBERCRIME

1. E-mail Bombing this kind of activity refers to


sending large numbers of mail to the victim,
which may be an individual or a company or
even mail servers thereby ultimately resulting
into crashing of the entire system.
2. Data Diddling this kind of an attack involves
altering raw data just before a computer
processes it and then changing it back after
the processing is completed.
3. Salami Attack this kind of crime is normally
prevalent in the financial institutions or for the
purpose of committing financial crimes. An
important feature of this type of offense is
that the alteration is so small that it would
normally go unnoticed.
4. Denial of Service Attack the computer of the
victim is flooded with more requests that it
can handle which cause it to crash. It is also a
type of attack in which the offenders are wide
in number and widespread.
5. Virus Attack these are programs that
attached themselves to a computer or a file
and then circulate themselves to other files
and to other computers on a network. They
usually affect the data on a computer, either
by altering or deleting it.
6. Worm Attack they merely make functional
copies of themselves and do this repeatedly
till they eat up all the available space on a
computers memory.
7. Logic Bomb these are event dependent
programs. This implies that these programs
are created to do something only when a
certain event (known as a trigger event)
occurs.
8. Trojan Attack this means an unauthorized
program which passively gains control over
anothers system by representing itself as an
authorized program. The most common form
of installing this is through e-mail.
9. Internet Time Theft normally, in these kinds
of thefts, the surfing hours of the victim are
used up by another person. This is done by
gaining access to the login ID and the
password.
10. Web Jacking this term is derived from the
term hijacking. In these kinds of offenses, the
hacker gains access and control over the web
site of another. He may even mutilate or
change the information on the site. This may
be done for fulfilling political objectives or for
money.
B. CLASSIFICATION OF CYBERCRIMES

Against an Individuals
a. Against a Person

Cyber-stalking it involves following a


persons movements across the internet by
posting messages (sometimes threatening)
on the bulletin boards frequented by the
victim, entering the chat rooms frequented
by the victim, constantly bombarding the
victim with e-mails, etc.
Defamation it is an act of imputing any
person with intent to lower the person in
the estimation of the right-thinking
members of society generally or to cause
him to be shunned or avoided or to expose
him to hatred, contempt or ridicule.
b. Against the Property of an Individual
Computer Vandalism it means
deliberately destroying or damaging
property of another. It may include within
its purview, any kind of physical harm done
to the computer of any person. These acts
may take the form of the theft of a
computer, some part of a computer or a
peripheral attached to the computer or by
physically damaging a computer or its
peripherals.
C. CYBER AS THE HIGHWAY OF MODERN CRIMES

Cybercrime
It is a crime committed with or through the
use of information and communication
technologies such as radio, television, cellular
phone, computer and network, and other
communication device or application.
Cyber-terrorism
It can be seen as an effort by covert forces to
disrupt the intersection where the virtual
electronic reality of computers intersects with
the physical world. It is the premeditated,
politically motivated attack against
information, computer system, computer
programs, and data which results in violence
against non-combatant targets by sub-
national groups or clandestine agents.
Cybercrime Prevention Act of 2012 (R.A. No.
10175, approved on September 12, 2012)

This is an act passed by Congress that define


cybercrime, providing for the prevention,
investigation, suppression and the imposition
of penalties therefor.
Section 3. Definition of Terms. - For purposes of
this Act, the following terms are hereby defined
as follows:
a. Computer - refers to an electronic, magnetic,
optical, electrochemical, or other data
processing or grouping of such devices,
capable of preparing logical, arithmetic,
routing, or storage function and which
includes any storage facility.
b. Computer Data - refers to any representation
of facts, information, or concepts in a form
suitable for processing in a computer system
including a program suitable to cause a
computer system to perform a function and
includes electronic documents and/or
electronic data messages whether stored in
local computer systems or online.
c. Computer Program - refers to a set of
instructions executed by the computer to
achieve intended results.
d. Computer System - refers to any device or
group of interconnected or related devices,
and or more of which, pursuant to a program
performs automated processing of data.
e. Cyber - refers to a computer or a computer
network, the electronic medium in which
online communication takes place.
f. Cybersecurity - refers to the collection of
tools, policies, risk management approaches,
actions, training, best practices, assurance and
technologies that can be used to protect the
cyber environment and organization and
users assets.
g. Data Base - refers to a representation of
information, knowledge, facts, concepts, or
instructions which are being prepared,
processed or stored or have been prepared,
processed or stored in a formalized manner
and which are intended for use in a computer
system.
h. Interception - refers to listening to, recording,
monitoring or surveillance of the content of
communications, including procuring of the
content of data, either directly, through access
and use of a computer system or indirectly,
through the use of electronic eavesdropping
or tapping devices, at the same time that the
communication is occurring.
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.
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 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.
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 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 degree lower.
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
R.A. No. 9775 or the Anti-Child
Pornography Act of 2009, committed
through a computer system. Provided, that
the penalty to be imposed shall be one
degree higher than that provided for in the
said Act.
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
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 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.
Section 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.
D. PHILIPPINE SPECIAL LAWS REGULATING THE USE
OF ELECTRONICS AND COMPUTERS IN BUSINESS
AND COMMERCE

Electronic Commerce Act of 2000 (R.A. No. 8792,


approved on June 14, 2000)

This is an act passed by Congress that provide


for the recognition and use of electronic
commercial and non-commercial transactions
and documents, penalties for unlawful use
thereof.
Section 5. Definition of Terms. - For the purposes
of this Act, the following terms are defined, as
follows:
a. Electronic Commerce - refers to any
transactions conducted through digital means.
It includes business to business transactions
and sales of merchandise or information and
products to consumers.
b. Information and Communication System -
refers to a system intended for and capable of
generating, sending, receiving, storing, or
otherwise processing electronic data messages
or electronic documents and includes the
computer system or other similar device by or
in which data is recorded or stored and any
procedures related to the recording or storage
of electronic data message or electronic
document.
c. Electronic Signature - refers to any distinctive
mark, characteristic and/or sound in electronic
form, representing the identity of a person
and attached to or logically associated with the
electronic data message or electronic
document or any methodology or procedures
employed or adopted by a person and
executed or adopted by such person with the
intention of authenticating or approving an
electronic data message or electronic
document.
d. Electronic Document - refers to information or
the representation of information, data,
figures, symbols or other modes of written
expression, described or however represented,
by which a right is established or an obligation
extinguished, or by which a fact may be prove
and affirmed, which is receive, recorded,
transmitted, stored, processed, retrieved or
produced electronically.
Anti-Wire Tapping Law of 1965 (R.A. No. 4200,
approved on June 19, 1965)

This is an act passed by Congress to prohibit


and penalize wire-tapping and other related
violations of the privacy of communication.
Punishable Acts under the Anti-Wire Tapping Law
a. Not being authorized by all the parties to any
private communication or spoken word, to tap
any wire or cable, or by using any other device
or arrangement, to secretly overhear,
intercept, or record such communication or
spoken word by using a device;
b. Whether a participant or not, to knowingly
possess any tape record, wire record, disc
record, or any other such record, or copies
thereof, of any communication or spoken
word;
c. To replay the same for any other person or
persons;
d. To communicate the contents thereof, either
verbally or in writing;
e. To furnish transcriptions thereof, whether
complete or partial, to any other person,
(Section 1); or
f. Willfully or knowingly does or who shall aid,
permit, or cause to be done any of the acts
declared to be unlawful in the preceding
section, (Section 2).
Anti-Photo and Video Voyeurism Act of 2009
(R.A. No. 9995, approved on February 15, 2010)

This is an act passed by Congress that define


and penalize the crime of photo and video
voyeurism, prescribing penalties therefor.
Section 4. Prohibited Acts. - It is hereby
prohibited and declared unlawful for any person:
a. To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the
private area of a person/s such as the naked
or undergarment clad genitals, public area,
buttocks or female breast without the consent
of the person/s involved and under
circumstances in which the person/s has/have
a reasonable expectation of privacy;
b. To copy or reproduce, or to cause to be copied
or reproduced, such photo or video or
recording of sexual act or any similar activity
with or without consideration;
c. To sell or distribute, or cause to be sold or
distributed, such photo or video or recording
of sexual act, whether it be the original copy
or reproduction thereof; or
d. To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo
or video coverage or recordings of such sexual
act or any similar activity through VCD/DVD,
internet, cellular phones and other similar
means or device.
The prohibition under paragraphs (b), (c) and (d)
shall apply notwithstanding that consent to
record or take photo or video coverage of the
same was given by such person/s. Any person
who violates this provision shall be liable for
photo or video voyeurism as defined herein.
Anti-Child Pornography Act of 2009 (R.A. No.
9775, approved on November 17, 2009)

This is an act passed by Congress that define


the crime of child pornography, prescribing
penalties therefor.
Section 4. Unlawful or Prohibited Acts. - It shall
be unlawful for any person:
a. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
b. To produce, direct, manufacture or create any
form of child pornography;
c. To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
d. To possess any form of child pornography
with the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three
(3) or more articles of child pornography of
the same form shall be prima facie evidence of
the intent to sell, distribute, publish or
broadcast;
e. To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
establishments purporting to be a legitimate
business;
f. For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to
distribute any form of child pornography;
g. For a parent, legal guardian or person having
custody or control of a child to knowingly
permit the child to engage, participate or
assist in any form of child pornography;
h. To engage in the luring or grooming of a
child;
i. To engage in pandering of any form of child
pornography;
j. To willfully access any form of child
pornography;
k. To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall
be committed when two (2) or more persons
come to an agreement concerning the
commission of any of the said prohibited acts
and decide to commit it; and
l. To possess any form of child pornography.