Вы находитесь на странице: 1из 41


Jhoan S. Valdez-Paguirigan
Isabela State University
City of Ilagan,Isabela
 Definition
 Forms
 Types
 Philippine
 Laws Invovle
 Cybercrime Forensic Investigation
 is "any" crime capable of being committed in an
electronic environment, where crime refers to a
behavior generally defined as illegal or likely to be
 any criminal offense, activity or issue that involves
 crime committed with the use of information
Forms of Cybercrimes
Types of Cybercrime
 Hacking/Cracking
 Piracy
 Phishing/Pharming
 Malicious email sending
 Internet pornography
 Launching of computer viruses
 Distributed denail of service attacked (DoS)
Types of Cybercrime
 Website defacement
 Acquiring credit card information
 Internet shopping using fraudulent acquired credit
 Wire transfer of funds from a fraudulent acquired
credit card
 On-line auction fraud
• Hacking - an act of illegally accessing the computer
system/network of an individual, group or business
enterprise without the consent or approval of the owner
of the system.
• Cracking - is a higher form of hacking in which
unauthorized access culminates with the process of
defeating the security system for the purpose of
acquiring money or information and/or availing free
 On-line piracy - unauthorized copying,
reproduction, dissemination, distribution,
importation, use, removal, alteration,
substitution, modification, storage,
uploading, downloading, communication,
making available to the public, or
broadcasting of protected material
Covered in on-line piracy:

 File Sharing
 All forms of Infringement
 Domain Name Cybersquatting if
constituting infringement
 emailsand websites that mimic legitimate
businesses with the intent of getting you to
disclose usernames, passwords, credit card
numbers, and accounts.

 Phishing - fake websites or email messages

that look legitimate
 Pharming - redirects users to a bogus web
Malicious email sending
 for
extorting money, or threatening
prospective victims

Website Defacement

• unauthorized modification
Internet Pornography
 obscene material

Launching of Harmful Computer

• to damage computer systems
Distributed Denial of Service
Attacks (DoS)
 to target computer server
 Actions that prevent any part of an
automated information system (AIS) from
functioning in accordance with its intended
 target’s inability to perform services for
other users— particularly over a network.
Acquiring Credit Card Information from an
E-commerce Website
 thru hacking

Internet Shopping using Fraudulent

Acquired Credit Card

• cloned cards
Wire Transfer of Funds from a Fraudulent
Acquired Credit Card
 cloned cards

On-line Auction Fraud

• cloned cards
Philippine Cases on Cybercrimes
 Internet pornography
 Internet fraud
 Phishing
 Hacking
 On-line game hacking
 Web defacement
 Malicious email
 VoIP
 Identity theft
 Credit card fraud
Cases Investigated by Year

ATCD (Anti-
Crime Division)-
Classified as Cyber Crime Cases by
 Government Website Defacement  Intellectual Property (Software
 Hacking Piracy)
 Malicious E-mail  Unauthorized posting of Cellular
 Extortion through Telephone Phone Number in the Internet
 Cellular Phone, E-mail and  Internet Scam
Facebook Threat
 Internet Pornography
 Fake Facebook Account
 Internet Fraud
 Letter from Interpol Berne on
 Libel through Internet Child Pornography
 On-line Game Hacking  Hacked Yahoo E-mail
 Credit Card Fraud  Letter from Interpol Ottawa on
 Phishing On-line Child Pornography
 VOIP (Voice Over Internet Protocol)  On-line Sexual Exploitation
 Fake and Defamatory Facebook

Source: ATCD-CIDG-PNP, 2009

Laws Involve
 E-Commerce Act of 2000 (RA 8792)
 An act providing for the recognition and use of electronic
commercial and non-commercial transactions and documents,
penalties for unlawful use thereof and for other purposes
 Punishable acts:
- piracy
- hacking/cracking
 Penalty
- P100,000 or damage incurred
 Punishment
- 6 mos - 3 yrs
E-Commerce Act of 2000 (RA
 ILOVEYOU virus (2000)
- Onel De Guzman
- dismissed based on the principle of nullum
crimen, nulla poena sine lege (for there is no
crime committed when there is no law
punishing the same)
E-Commerce Act of 2000
(RA 8792)
 Hacking example:
- JJ Maria Giner
- pleaded guilty to hacking the government
portal “gov.ph” in violation of section 3a of
E-commerce law
E-Commerce Act of 2000
(RA 8792)
 Limitations:

- The Internet Service Providers (ISP) under the

law are not obliged to maintain important logs and
cooperate with law enforcement in the investigation
of computer crimes;
- The Telecommunications companies are not
obliged to cooperate with law enforcement in the
investigation of computer crimes;
E-Commerce Act of 2000
(RA 8792)
 Limitations:

- Internet Cafes/Cyber Cafes where most of the computer

crimes perpetrators perform the violations are not
obliged to maintain records of clients and customers;
- Other offenses committed with the use of computers
and/or the internet are not penalized under said law like
internet Gambling, internet pornography, cyber terrorism
Laws Involve
Revised Penal Code (Act 3815)

- prison correctional in its minimum and medium periods or;
- ranging from 200 to 6,000 pesos or both

Falsification of public documents

Laws Involve
Access Device Regulation Act of 1998 (RA 8484)

An Act Regulating the Issuance and Use of Access Devices

Prohibiting Fraudulent Acts Committed Relative Thereto,
Providing Penalties and for other Purposes
credit card fraud
Punishment - not less than six (6) years and not more ten (10)
years imprisonment
Penalty - P10,000 or twice the value obtained by the offense
Laws Involve
Anti-Photo and Video Voyeurism Act of 2009 (RA9995)
An act defining and penalizing the crime of photo and video voyeurism,
Prescribing penalties therefor, and for other purposes
taking or distributing photo or video of a person or group of persons performing
sexual act without their consent
Punishment - imprisonment of not less that three (3) years but not more than
seven (7) years
Penalty not less than One hundred thousand pesos (P100,000.00) but not
more than Five hundred thousand pesos (P500,000.00), or both
Laws Involve
Intellectual Property Code of the Philippine (RA 8293)
An act prescribing the intellectual property code and
establishing the intellectual property office, providing for its
powers and functions, and for other purposes
copyright infringement

Imprisonment of one (1) year to three (3) years plus a fine

ranging from Fifty thousand pesos (P50,000) to One hundred
fifty thousand pesos (P150,000) for the first offense.
Laws Involve
Consumers Act of the Philippines (RA 7394)
It is the policy of the State to protect the interest of the
consumer, promote his general welfare and to establish
standards of conduct for business and industry.
Laws Involve
Special Protection of Children Against Abuse, Exploitation
and Discrimination Act (RA 7610)

child prostitution, obscene publications and indecent shows

Laws Involve
Anti-Trafficking in Persons of 2003 (RA 9208)
An Act To Institute Policies To Eliminate Trafficking In
Persons Especially Women And Children, Establishing The
Necessary Institutional Mechanisms For The Protection And
Support Of Trafficked Persons, Providing Penalties For Its
Violations, And For Other

illegal recruitment
Laws Involve
Anti-Wire Tapping Law (RA 4200)
An Act to Prohibit and Penalize Wire Tapping and other
Related Violations of the Privacy of Communication, and for
other Purposes

Cybercrime Forensic Investigation

Computer Forensic
- referred to as computer forensic analysis,
electronic discovery, electronic evidence
discovery, digital discovery, data recovery, data
discovery, computer analysis, and computer

- examining computer media (hard disks, diskettes,

tapes, etc.) for evidence.
Cybercrime Forensic Investigation
 Computer Forensic
- It is to recover, analyze, and present computer-
based material in such a way that it is useable as
evidence in a court of law.
Cybercrime Forensic Investigation
 Extraction of the “Internet Protocol (IP)
- to identify source of data usually
embedded in e-mail headers and logs
- use whois service to identify the ISP

 Technical Surveillance
- Visit website, contact thru email, download resource
Cybercrime Forensic Investigation
 Physical Surveillance
- Visit the address to verify physical
existence, compare results versus
information provided
- Check for indicators on internet
- Check for the indicators- occupants,
visitors, billing, neighbor testimonies
Cybercrime Forensic Investigation
 Apply for search warrant
- whether computer crime was indeed committed
- that the offense transpired in the place applied
for search warrant
- that the instruments used in the offense is in the area
- that the offender is an occupant/owner or had access to
the place
 Forensic examination

- the heart and soul of computer crime investigation

Cybercrime Most Pressing Concern
 difficulty for the police, judicial and
administrative and other law enforcement
authorities not only in identifying cybercrimes but
also in determining the
"locus commissi delicti" (place of commision of
the crime) and
"tempus commissi delicti" ( time of commision of
the crime)
“Cybercrime Act of 2011” must
embody the following provisions:
 Strengthen the present infrastructure, facilities and
capability established by law enforcement

 Conduct capacity building seminars and trainings

to the different pillars of the judicial system
“Cybercrime Act of 2011” must
embody the following provisions:
 Registration of all laptop computers and desktop
units with the National Telecommunications
Commission (NTC)

 Compel all Internet Service Providers (ISP),

telecommunication companies and internet cafés
to maintain important logs and data of its users
Country Report on Cybercrime: The Philippines
Gilbert C. Sosa
Copyright Issues in the E-Environment
Prof. JJ Disini
Addressing Cyberrimes in the Philippines: A Legal Framework is Crucial
Lizan E. Pirante-Calina
Computer Forensics:Computer Crime Scene Investigation, Second Edition
John R. Vacca