Cyber Crime Flashcards
are online postings such as “Liking” an openly defamatory statement, “Commenting” on it, or “Sharing” it with others, to be regarded as “aiding or abetting?”
No. The terms “aiding or abetting” constitute broad sweep that generates chilling effect on those who express themselves through cyberspace posts, comments, and other messages. Hence, Section 5 of the cybercrime law that punishes “aiding or abetting” libel on the cyberspace is a nullity.
True or false
Only original defamatory and libelous posts are liable in cybercrime
True
True or false
if the “Comment” does not merely react to the original posting but
creates an altogether new defamatory story against Armand like “He beats his wife and children,” then that should be considered an original posting published on the internet.
True
when “Google procures,
stores, and indexes child pornography and facilitates the completion of transactions involving the dissemination of child pornography,” does this make Google and its users aiders and abettors in the commission of child pornography crimes?
Based in American law
No provider or user of an interactive computer service shall be treated as
the publisher or speaker of any information provided by another information content provider and cannot be held civilly liable for any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene…whether or not such material is constitutionally protected.
When is aiding and abetting permitted apply to as a crime?
But the crime of aiding or abetting the commission of cybercrimes under Section 5
should be permitted to apply to Section 4(a)(1) on Illegal Access, Section 4(a)(2) on Illegal Interception, Section 4(a)(3) on Data Interference, Section 4(a)(4) on System Interference, Section 4(a)(5) on Misuse of Devices, Section 4(a)(6) on Cyber-squatting, Section 4(b)(1) on Computer-related Forgery, Section 4(b)(2) on Computer-related Fraud, Section 4(b)(3) on Computer-related Identity Theft, and Section 4(c)(1) on Cybersex. None of these offenses borders on the exercise of the freedom of expression.
What is the penalty for 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 penalized?
That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
What acts constitute the offense of cybercrime?
The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(b) Computer-related Offenses:
(c) Content-related Offenses:
What is 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.
When are Unsolicited Commercial Communications. Valid?
(i) There is prior affirmative consent from the recipient; or
(ii) The primary 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 contains a simple,
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 not purposely
disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely
include misleading information in any part of the message in order to induce the recipients to read the message.
Aiding or Abetting in the Commission of Cybercrime
Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
Attempt in the Commission of Cybercrime
Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
Illegal Access
The access to the whole or any part of a computer system without right.
Illegal Interception.
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 system carrying such computer data.
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.
System Interference
System 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.
