2nd discussion Flashcards
RA 10175
“Cybercrime Prevention Act of 2012”
The access to the whole or any part of a computer system without right.
Illegal Access
The interception made by technical means and 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
Illegal Interception
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.
Data 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.
System Interference
The use, production, sale, procurement, importation, distribution or otherwise making available, intentionally and without right
Misuse of Devices
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
Computer-related Forgery
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.
Computer-related Forgery
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.
Computer-related Fraud
The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right.
Computer-related Identity Theft
Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in _______________ or the _________________________________”.
Republic Act No. 9775; “Anti-Child Pornography Act of 2009”
The penalty to be imposed in child pornography shall be ___________________________________ if committed through a computer system.
one (1) degree higher than that provided for in Republic Act No. 9775
The acquisition of a domain name over the internet, in bad faith, in order to profit, mislead, destroy reputation, and deprive others from registering the same
Cyber-squatting
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.
Cybersex
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.
Libel
Any person who willfully abets, aids, or financially benefits in the commission of any of the offenses enumerated in the Act shall be held liable, except with respect to Child Pornography and online Libel.
Aiding or Abetting in the Commission of Cybercrime
Any person who willfully attempts to commit any of the offenses enumerated in the Act shall be held liable, except with respect to Child Pornography and online Libel.
Attempt to Commit Cybercrime
The ___________________________ and the __________________________ shall be responsible for the efficient and effective law enforcement of the provisions of RA 10175.
National Bureau of Investigation (NBI); Philippine National Police (PNP)
The _____ and the _____ shall organize a cybercrime division or unit to be manned by Special Investigators to exclusively handle cases involving violations of this Act.
NBI; PNP
The NBI shall create a cybercrime division to be headed by at least a ___________. The PNP shall create an anti-cybercrime unit headed by at least a _____________.
Head Agent; Police Director
The _______________________ created under the Act shall coordinate the efforts of the NBI and the PNP in enforcing the provisions of the Act.
DOJ-Office of Cybercrime (OOC)
It also provided under this law the creation of an inter-agency body known as the __________________________________ under the Office of the President.
Cybercrime Investigation and Coordinating Center (CICC)
To ensure that the technical nature of cybercrime and its prevention is given focus, and considering the procedures involved for international cooperation, law enforcement authorities, specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes, are required to submit ________________________ including pre-operation, post-operation and investigation results, and such other documents as may be required to the Department of Justice (DOJ) – Office of Cybercrime for review and monitoring.
timely and regular reports
The integrity of traffic data and subscriber information shall be kept, retained and preserved by a service provider for a minimum period of ______________________ from the date of the transaction. Content data shall be similarly preserved for __________________ from the date of receipt of the order from law enforcement authorities requiring its preservation.
six (6) months; six (6) months
Law enforcement authorities, upon the issuance of a ______________, shall be authorized to collect or record by technical or electronic means, and the service providers are required to collect or record by technical or electronic means and/or to cooperate and assist in the collection or recording of computer data that are associated with specified communications transmitted by means of a computer system.
court warrant
Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit, within _________________ from receipt of such order, subscriber’s information, traffic data or relevant data in his/its possession or control.
seventy-two (72) hours
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon, but in no case for a period ________________________________________.
longer than thirty (30) days from date of approval by the court
All computer data, including content and traffic data, that are examined under a proper warrant shall, within _______________ after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it, stating the dates and times covered by the examination, and the law enforcement authority who may have access to the deposit, among other relevant data.
forty-eight (48) hours
Upon expiration of the periods as provided in Sections 12 (6months) and Section 15 (Within the time period specified in the warrant), or until the final termination of the case and/or as ordered by the Court, as the case may be, service providers and law enforcement authorities, as the case may be, shall ___________________________________.
immediately and completely destroy the computer data
Any evidence obtained without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.
Exclusionary Rule