Ethics Finals Exam Last Flashcards
What are the three (3) computer-related offenses under Section 4(b) of RA 10175?
- Computer-related Forgery
- Computer-related Fraud
- Computer-related Identity Theft
What is Computer-related Forgery?
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 of whether or not the data is directly readable and intelligible.
It also includes knowingly using computer data that is the product of computer-related forgery for the purpose of perpetuating a fraudulent or dishonest design.
How can a person be guilty of forgery in a general sense?
A person is guilty of forgery if:
- With purpose to defraud or injure anyone; OR
- With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
- Alters any writings of another without his authority;
- Makes, completes, executes, authenticates, issues, or transfers any writing to make it appear as the act of another who did not authorize it;
- Utters any writing which he knows to be forged as specified in the revised penal code.
What are the elements of Computer-related Forgery?
First Type: ACTIVE COMPUTER-RELATED FORGERY:
1. Input, alteration, or deletion of any computer data without right.
2. The result is inauthentic data.
3. The intent is to use the inauthentic data to be considered or acted upon as if it were authentic.
Second Type: PASSIVE COMPUTER-RELATED FORGERY:
1. There must be existing inauthentic data brought about by active computer-related forgery.
2. Knowingly acting on the inauthentic data to perpetuate a fraudulent or dishonest design.
What is the penalty for Computer-related Forgery?
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least P200,000 up to a maximum amount commensurate to the damage incurred, or BOTH.
What are examples of Computer-related Forgery?
Impersonation of legitimate individuals, authorities, agencies, and other entities online for fraudulent purposes.
Techniques include phishing emails leading to fake websites that steal login credentials.
Cybercriminals impersonate legitimate organizations to trick users into revealing personal information and providing money, goods, or services.
What is Computer-related Fraud?
The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage with fraudulent intent.
If no damage has yet been caused, the penalty shall be one degree lower.
What are the elements of Computer-related Fraud?
- Unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system.
- The purpose is to cause damage to the computer system with fraudulent intent.
What is the penalty for Computer-related Fraud?
Same as Computer-related Forgery. If no damage has been caused, the penalty shall be one degree lower.
What are examples of Computer-related Fraud?
Online swindles involving false promises of love (catphishing), property (inheritance scams), and money (lottery scams, investment fraud, etc.).
Common schemes involve advance fee fraud, where victims are tricked into paying a small amount with the promise of a larger financial return.
What is 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.
If no damage has been caused, the penalty shall be one degree lower.
What is an example of Computer-related Identity Theft?
Creating a fake social media profile pretending to be someone else.
Using stolen identity information to deceive victims into transferring money or personal information.
What is the penalty for Computer-related Identity Theft?
Same as Computer-related Forgery and Computer-related Fraud.
What type of data is targeted in Identity Theft?
Identity-related information such as:
- Identification numbers (e.g., Social Security Numbers)
- Identity documents (e.g., passports, driver’s licenses)
- Online credentials (e.g., usernames and passwords).
What is Cybersex under Section 4(c) of RA 10175?
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.
What are the elements of Cybersex?
- There must be a willful engagement, maintenance, control, or operation of any lascivious exhibition of sexual organs or sexual activity.
- The act must be done with the aid of or through the use of a computer system.
- The activity must be done for a favor or consideration.
What is the penalty for Cybersex?
Prision mayor (imprisonment of six years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000) or BOTH.
What is Child Pornography under Section 4(c) of RA 10175?
The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 (Anti-Child Pornography Act of 2009), committed through a computer system.
How does the Cybercrime Law affect Child Pornography cases?
If child pornography is committed through the use of a computer system, the penalty to be imposed is one (1) degree higher than that provided for in RA 9775.
What is the penalty for Child Pornography if committed through a computer system?
One (1) degree higher than the penalty provided for in Republic Act 9775, if committed through a computer system.
What are Unsolicited Commercial Communications under Section 4(c) of RA 10175?
The transmission of commercial electronic communication with the use of a computer system which seeks to advertise, sell, or offer for sale products and services.
When are Unsolicited Commercial Communications prohibited?
Unsolicited Commercial Communications are prohibited unless:
1. There is a prior affirmative consent from the recipient.
2. The primary intent is for service and/or administrative announcement from the sender to existing users, subscribers, or customers.
3. Certain conditions are met.
What conditions must be met for commercial electronic communication to be legal?
For a commercial electronic communication to be legal:
1. It must contain a simple, valid, and reliable way for the recipient to reject further messages (‘opt-out’).
2. It must not disguise the source of the message.
3. It must not include misleading information to induce the recipient to read it.
