Justin ApiladoPrivacyAthena Aherrera Free SpeechZarra Oliquino Content RegulationMarck San JuanTaxationJoannes AsisBanking

Sec. 33. Penalties

c) Violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as provided in those laws;

Declaration of Basic Policy -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.Towards this end, the State shall implement measures to achieve the following objectives:

a. protection against hazards to health and safety;

b. protection against deceptive, unfair and unconscionable sales acts and practices;

c. provision of information and education to facilitate sound choice and the proper exercise of rights by the consumer;

d. provision of adequate rights and means of redress; and

e. involvement of consumer representatives in the formulation of social and economic policies.

Department of Trade and Industry

Department of Health

Department of Agriculture

Department of Education

FoodDrugsCosmeticsDevicesHazardous SubstancesWeights and Measures – metric

system

WarrantiesLabeling and PackagingLiability for Products and ServicesAdvertisingRepair and Service FirmsConsumer Credit Consumption

manufacturing, selling, and offering for sale of: Sub-standard products Banned products Adulterated or mislabeled food, cosmetics,

and drugs refusal to permit inspection counterfeiting of goods and labels violation of IP rights use of trade secrets for personal gains

introduction of mislabeled or banned hazardous substance

deceptive or unfair sales faking seals on meters and calibrations of

measuring tools altering instruments of weight and measure refusal to honor warranty or guarantee issued mislabeling false, deceptive, and misleading

advertisements wrong pricing of products violation of credit transaction policies

Penalties when provisions of the Consumer Act

are violated:

Range of Fine: ₱200 – ₱10 000

Range of Imprisonment: 2 months – 5 years

Cease and desist order (refrain unfair methods of competition or practice)

Submit report of compliance Restitution or rescission of contract

without damages Condemnation and seizure of products Administrative fines:

₱ 500 – ₱300 000 (plus ₱1 000 per day of continuing violation)

improve the management, coordination and effectiveness of consumer programs

responsible for the enforcement of consumer-related laws

monitor and evaluate implementation of consumer programs and projects

education and information campaigns for consumers

Internet privacy consists of privacy over the media of the Internet: the ability to control what information one reveals about oneself over the Internet, and to control who can access that information.

Signing up for internet service Each computer connected to the

Internet, including yours, has a unique address, known as an IP address (Internet Protocol address)

Your IP address by itself doesn’t provide personally identifiable information. However, because your ISP knows your address, it is a possible weak link when it comes to protecting your privacy.

E-mailBrowsing the internet

Browser Search engines Cookies

Instant messaging & social networks

Personal sites and blogs Domain names Private info in blogs

Online management of accounts Online banking

Marketing Web bugs Direct marketing

Official use Court records Employers Government

Illegal activity and scams

"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

from the Universal Declaration of Human Rights, Article 19

The Internet is global in its reach and transcends the free flow of information

Governments have imposed controls on the Internet and have enacted laws prohibiting certain content on the Internet and have sought to prosecute users and service providers.

Access control has been adopted through the installation of national "proxy servers" and requirement blocking of targeted web sites.

They prohibit the discrimination on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Ensure that personal information generated on the internet for one purpose is not used for an unrelated purpose or disclosed without the person's informed consent and enabling individuals to review personal information on the Internet and to correct inaccurate information.

promotes democracy

extends government information to the citizens

strengthens civil society through building networks of relationships (e.g. Facebook, Multiply)

Tiananmen. During the Tiananmen Square rebellion in China in 1990, the Internet kept Chinese communities around the world, especially in universities, in touch with the current events through email and the newsgroups, bypassing all government censorship.

Russian Coup. In 1991 a Soviet computer network called Relcom stayed online and bypassed an information blackout to keep Soviet citizens and others around the world in touch with eyewitness accounts and up-to-date information about the attempted communist coup against Mikhail Gorbachev.

Kuwait Invasion. Internet Relay Chat became well-known to the general public around the world in 1991, when traffic skyrocketed as users logged on to get up-to-date information on Iraq's invasion of Baghdad through an Internet link with Kuwait. The links stayed operational for a week after radio and television broadcasts were cut off.

CDA. In 1996 the US Government passed the Communications Decency Act (CDA) prohibiting distribution of adult material over the Internet, even though the law was widely believed to be unenforceable and unconstitutional. This gave birth to a blue ribbon campaign to show support for freedom of speech on the Internet. Many sites placed a black background on their web pages for the first 24 hours after the CDA passed. A few months later a three-judge panel imposed an injunction against the law's enforcement, pending resolution of lawsuits launched by several civil liberties groups, and the law was subsequently found to be unconstitutional.

A few of the early events that signaled the power of the Internet to promote freedom of speech :

National Restrictions. In 1996 many countries around the world became frightened of the freedom of speech associated with the Internet. China mandated that Internet users must register with the police. Germany banned access to some adult newsgroups on Compuserve. Saudi Arabia restricted Internet access to universities and hospitals. Singapore mandated that political and religious sites must register with the government. New Zealand courts ruled that computer disks are a type of "publication" that can be censored. None of these efforts had much lasting effect.

Yugoslavia. 1996, a radio station in Yugoslavia bravely exercised their right to freedom of speech and continued to broadcast over the Internet after all other normal broadcasting was shut down by one of the last remaining dictatorial governments in Europe, later overthrown.

A few of the early events that signaled the power of the Internet to promote freedom of speech :

Universal Declaration of Human Rights,10 December 1948

International Covenant on Civil a Political Rights, 16 December 1966, entry into force 23 March 1976

Convention on the International Right of Correction, 16 December 1952, entry into force 24 August 1962

protect consumers, particularly children, from exposure to inappropriate or harmful material.

applies to content accessed through the internet, mobile phones and convergent devices, and applies to content delivered through emerging content services such as subscription-based internet portals, chat rooms, live audio-visual streaming, and link services.

Advantages :

Password protected.

Hidden, stealthy operation.

Control Internet access by day and time.

Blocks access to over 40,000 active Phishing, Virus, Spyware and potentially fraudulent sites.

Record and view all web sites visited.

Record both sides of chat conversations from AOL Instant Messenger, Yahoo Messenger, and MSN Messenger

Stealthy - cannot be detected or disabled by unauthorized users.

Parents can override blocked sites, add their own sites to block.

Prohibits child pornography

The registry is required to engage independent third parties, such as the Internet Watch Foundation

The registry must develop industry best practices designed to protect children online and empower parents and other users to avoid content they do not wish to see.

The registry must create and support an "International Forum for Online Responsibility,”

It is not self-evident that Internet content regulation should be democratic

Most discussions of inserting “public policy” concerns into Internet content regulation do not take account of the heterogeneous values and institutional deficit at the global level

ICT facilities and resources of the school must only be used to perform school-related duties

The authority and responsibility to install, upgrade or modify any hardware or software rests solely on the MIS Unit, unless authorized for a specific class activity, otherwise it will be considered as vandalism.

Inserting foreign objects into any equipment in the laboratory shall be considered vandalism and shall be penalized in accordance with the PSHS Code of Conduct.

Copying a computer file that contains another person’s work and submitting it for one’s own credit is considered cheating.

Use of ICT resources for any activity unrelated or inappropriate to the duties and responsibilities of the scholar shall be prohibited at all times

Accessing, downloading, producing, disseminating or displaying material that could be considered offensive, pornographic, racially abusive, culturally insensitive or libelous in nature is prohibited.

Students shall be given a login account to access their files on the servers

There is no assumption of privacy in the student's files stored within the school's infrastructure.

There are no explicit laws stating the specifics of taxation of e-commerce in the Philippines. Nonetheless, a lot of activity in the Web are taxed through existing tax laws. Case in point, sale of goods through the ‘Net are subject to value added tax (VAT).

The government aims to consider e-commerce entities to be no different than their “bricks-and-mortar counterparts.”

One of the countless aims of e-commerce taxation is the fact that it should be neutral, fair and simple for the citizen to comprehend; in addition, tax evasion and avoidance becomes easier done through the Internet.

The revisions of the law (which will be made in the near future) is established by the adoption of the Comprehensive Tax Reform Program.

The familiarity in the e-commerce arena of bigger countries provide further background to the Philippine government in their pursuit of a comprehensive stature on the subject.

Foreign merchants could exploit the domestic market without establishing a physical presence.

The BIR has adopted the following policies in lieu with e-commerce taxation: (refer to next slide)

The taxing authority should impose no more tax upon e-commerce transactions than that imposed upon the same activity conducted by conventional means.

All taxation principles that guide the government in relation to conventional commerce should be applied to e-commerce transactions as well.

The BIR will harness the potential of e-commerce in bringing about greater efficiency in raising revenues and an improved taxpayer service.

Taxation of E-Commerce

The BIR will rationalize its role in providing an appropriate fiscal environment within which e-commerce may flourish, ensuring that business decisions are influenced by economic considerations rather than by tax considerations.

The tax treatment of e-commerce transactions should have high international acceptance, but it must strike a balance between the fiscal sovereignty of the Philippines and the fair sharing of the tax base, with a view to avoiding double taxation.

There is a threat that a large portion of the approved E-Commerce Act of 2000 lead to problems such as taxation and contract law.

The law was signed by former President Joseph Estrada in the wake of the “love bug” virus, believed to have originated in the Philippines.

The law drew attention with its anti-hacking provisions and its aim to make e-commerce easily going in the nation.

In terms of taxation, the law gives the authority for taxation to the Bureau of Internal Revenue (BIR).

The law mapped out intentions to, for instance, “tax Internet commerce and income no more or less than those in the physical world, and prevent double taxation by the Philippines and another nation.”

Another intention of the law is to carry signatures (used for cyberspace-fueled transactions) go seamless.

Competition will play a big role in tax revenues (on transactions done in the Web), and the certain transacting country’s laws may overstep that of the Philippines’ – this simply means the law has a lot more of revisions to do as the years progress.

 Bank’s Board of Directors and a senior management committee are responsible for developing the bank's e-banking business strategy and establishing an effective management oversight over e-banking services.  

Banks should establish and maintain comprehensive information security program and ensure that they are properly implemented and strictly enforced.

Identification and assessment of risks associated with e-banking products and services

Identification of risk mitigation actions, including appropriate authentication technology and internal controls

Information disclosure and customer privacy policy

Evaluation of consumer awareness efforts

Authentication of E-banking Customers

Account Origination and Customer Verification

Monitoring and Reporting of E-banking Transactions

Banks are required to provide their customers with a level of comfort regarding information disclosures or transparencies, protection of customer data and business availability that they can expect when using traditional banking services.

Banks may receive customer complaint either through an electronic medium or otherwise, and should establish procedures to resolve disputes arising from the use of the electronic banking products and services.

Banks should always inform consumers about the fraud, theft, and other risks on the internet to prevent these from happening.

Banks should implement and continuously evaluate their consumer awareness program