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Cybercrime Prevention Act of 2012 - Canadian Chamber of ...

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Cybercrime PreventionAct of 2012
Agenda
ProvisionsPolicyPunishable ActsPenaltiesEnforcementIssuesStatus
SEC. 2. Declarationof Policy.— The State recognizes the vital role of information and communications industries such ascontent production, telecommunications, broadcasting electronic commerce, and data processing,in the nation's overall social and economic development. The State also recognizes the importance of providing an environment conducive to thedevelopment, acceleration, and rational application and exploitation of information and communications technology(ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard theintegrity of computer, computer and communications systems, networks, and databases, and theconfidentiality, integrity, and availability of information and datastored therein, fromallforms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
PUNISHABLE ACTS
SEC. 4. CybercrimeOffenses—The following acts constitute the offense of cybercrime punishable under this Act:(a)Offensesagainst 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)IllegalInterception. — 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 systemcarryingsuch 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)SystemInterference— 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 computerprogram, designedor adapted primarily for the purpose of committing any of the offenses under this Act;or(bb) A computer password, access code, orsimilar databy which the whole or any part of a computer system is capable of being accessed with intent that it be used for thepurposeof committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of theoffensesunder 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, ifsucha 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-relatedOffenses:Computer-relatedForgery.Theinput, alteration, or deletion of any computer data without right resulting ininauthentic 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 andintelligible; or(ii)Theact of knowingly using computer data which is theproductof computer-related forgery as defined herein, for thepurposeof 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 ofacomputer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) 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 (1) degree lower.
(c) Content-related Offenses: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.Child Pornography. - The unlawful or prohibited acts denied and punishable by Republic Act No. 9'775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for inRepublicAct No. 9775.
UnsolicitedCommercial Communications. - The transmission of commercial electronic communication with the use of computer system which seek toadvertise, sell, or offer for sale products and services are prohibited unless:There is prior affirmative consent from the recipient; orTheprimary 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 containsasimple, 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 notpurposelydisguise the source of the electronic message;and(cc) The commercial electronic communication does not purposely includemisleadinginformation in any part of the message in order to induce the recipients to read the message.Libel.– The unlawful or prohibited acts of libel as defined inArticles 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.
Sec. 5. Other Offenses. – The following acts shall also constitute an offense:(a)Aidingor Abettingin the Commissionof Cybercrime.-Anyperson who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.(b)Attemptin the Commission of Cybercrime. – Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
Sec. 6. 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:Provided.That the penalty to be imposed shall be one (1) degree higher than that provided for the Revised Penal Code, as amended, and special laws, as the case may be.Sec. 7.Liability under Other Laws. –A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
Penalties
Sec. 8. Penalties. – Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment ofprison mayoror a fine of at last least Two hundred thousand pesos (PhP 200,000.00) up to maximum amount commensurate to the damage incurred or both.Anyperson found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prison mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed againstcritical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment ofprisionmayor or afineof at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.Anyperson found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Actshalbe punished with the penalties as enumerated in. Republic Act No. 9775 or the "Anti-Child Pornography Act of 2009": Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for inRepublicAct No.9775, if committed through a computer system.
Anyperson found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment ofarrestomayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.Anyperson found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for theofenseor a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.
SEC. 9.Corporate Liability.- When any of the punishable acts hereindeniedare 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, who has a leading position within, based on:(a) apower of representation of the juridical person provided the act committed falls within the scope of such authority;(b) anauthority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP 10,000,000.00).
If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00)The liability imposed on the juridical person shall without prejudice to the criminal liability of the natural person who has committed the offense.
Enforcement and Implementation
-Creation of a cyber crime unit by the PNP and NBI-CybercrimeInvestigation and CoordinatingCenter(Sec. 24)-Real time collection of traffic data (Sec. 12)(not including content)Restriction or Blocking Access to Computer Data (Sec. 19) – When a computer data isprima faciefound to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data….
Issues
The law is retroactiveUnequal penalty foroffenses(libel)“takedown” power of DOJ of websites
Current Status
120 days TRO issued by the Supreme Courtoral arguments scheduled by the SC on January 15,2013. (fromPhilStaronline article)

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Cybercrime Prevention Act of 2012 - Canadian Chamber of ...