on the cybercrime act

Sunday, October 7, 12

Cybercrime Prevention Act of 2012

Computer Professionals’ Union5 October 2012

*Mula sa mga datos ng BAYAN at Bloggers and Netizens vs Aquino Supreme Court Petitions at mga imahe mula sa Pixel Offensive.


Background

An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression, and the Imposition of Penalties therefor and for other Purposes

Implemented: October 3, 2012

Passed House of Representatives on 04 June 2012

Senate Bill No. 2796 and House Bill No. 5808

Passed Senate on 05 June 2012

Signed into law on 12 September 2012


Endorsed by these senators.

“TG” Guingona III voting against it.


SC petitions to Junk/Repeal/Amend

We fight back!

Senate Bill No. 2796 and House Bill No. 5808


Online blackout campaign

We fight back!


Silent protest in SC

We fight back!


Protest in SC

We fight back!


Social Media

We fight back!


“Anonymous” fights back!


Section 4: Cybercrime Offenses

Illegal access, illegal interception, data interception, data interference (a)(3), system interference, misuse of devices

Computer-related forgery, computer-related fraud, computer-related identity theft

Libel

Cybersex, child pornography, unsolicited commercial communications

What is the RA 10175 ?


Section 5: Other Offenses

aiding or abetting in the commission of cybercrime, attempt in the commission of cybercrime

Section 6: All crimes in RPC if committed by, through and with the use of ICT

Penalty: one degree higher



Section 4(a)(3) on 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


vague, “sweep unnecessarily broadly”

“it becomes very burdensome, onerous and patently discouraging, specially if the act is for purposes of social and political criticisms”

intrudes into people’s freedom of speech

alterations

Source: BAYAN SC PetitionSunday, October 7, 12

Section 4(b)(3) on 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 (1) degree lower.


politician’s full name, age, education, employment background, names of parents, siblings, wife, children and other members of immediate family) of another person (e.g. by intentionally obtaining such identifying information, without any consent, from Facebook, website, or any online article or document)



Section 4(c)(4) on Libel


chilling effect on the exercise of freedom of speech

makes anyone a target of prosecution and punishment

“a violation or disregard of the Philippine government’s obligations under the International Convention on Civil Political Rights to promote and protect freedom of expression”

General Comment No. 34 of the United Nations Human Rights Committee states that “State parties should consider the decriminalization of defamation

Source: BAYAN SC PetitionSunday, October 7, 12

Section 5(a) on Aiding or Abetting in the commission of cybercrime:

Section 5(b) on Attempt in the commission of cybercrime:





Section 6 on all crimes defined in Revised Penal Code (RPC), if committed by, through and with the use of ICT shall be covered by this Act

violation of the right of the people not to be subjected to double jeopardy

Section 7 on Liability under other Laws

A prosecution under this Act shall be without prejudice to any liability for violation of any provision of RPC etc



Section 12 (1)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

violation of the right of the people against unreasonable searches and seizure

violation of the right to privacy



Section 17 (1)Destruction of computer data

Upon expiration of periods authorities shall immediately and completely destroy the computer data subject to prevention and examination.

deprivation of property without due process of law



Section 19 (1)Restricting of Blocking Access to Computer Data

When a computer data is prima facie found to be in violation of the provision

of this Act, the DOJ shall issue an order to restrict or block access to such computer data.


grant of unbridled power to Department of Justice

“take down clause”


Who are affected?

all users of “mobile phones, computers, computer data storage devises (e.g. USB, external hard disks), emails, social media and anything that is related to the internet, cyberspace and information and communications technology”

Source: BAYAN SC Petition


Threats to ICT professionals

For computer professionals and hackers working with information security and network administration our sets of tools can be misinterpreted as tools to commit cybercrime. It should be noted that crackers (bad hackers) and hackers almost use the same set of tools. We can be punished for “misuse of devices”...

Source: CP-UNION.COM


Threats to ICT professionals

Computer technicians are not spared. They should start asking waivers if they repair, reformat, and troubleshoot computer systems and networks. They could be punished for “system interference” in Section 4 (a) (4).

It “adds a broken tool to current computer security toolbox used by computer professionals. It opened new mechanisms for misinterpretations (intentional or not) by State authorities wherein innocent computer users and hackers can be tagged to crimes and punished without due process.”

Source: CP-UNION.COM


Can an IRR fix RA 10175 ?

“As such, Akbayan calls on President Aquino to address the infirmities of the law by inviting media people and organizations, social movements and civil society groups to participate in the crafting of the law’s implementing rules and regulations (IRR) to negate the law’s repressive provisions and safeguard the rights and welfare of internet users. The Aquino government must swiftly act to salvage this law or otherwise the people will have no option left but to bring this to court.”

September 20, 2012 Statement, AKBAYANSunday, October 7, 12

Can an IRR fix RA 10175 ?

@natoreyes:“The IRR cannot accomplish more than what the law sets out to do. If the law intends to criminalize online libel, the IRR cannot reverse or negate this. If the law allows the take-down of websites by the DOJ sans a court order, the IRR cannot reverse or negate this.”

... “We’re being drawn to a path that leads to a cliff. Huwag magpaloko.”Source: http://natoreyes.wordpress.com

No.


http://natoreyes.wordpress.com

http://natoreyes.wordpress.com

We have bigger problems but they decided to prioritize punishment of cybercrime.


Binuo ng Computer Professionals’ Unionwww.cp-union.com

Ref: http://www.facebook.com/PixelOffensiveBAYAN Supreme Court PetitionBloggers and Netizens vs Aquino Supreme Court Petition

*Mula sa mga datos ng BAYAN at Bloggers and Netizens vs Aquino Supreme Court Petitions *Mga imahe mula sa Pixel Offensive.


http://www.cp-union.com

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On the Cybercrime Law by Computer Professionals’ Union and Rick Bahague is licensed under a Creative Commons

Attribution-NonCommercial-ShareAlike 3.0 Unported License.Based on a work at www.cp-union.com.


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