FINALS: UNIT 10 - CYBERCRIME Flashcards
AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC TRANSACTIONS AND DOCUMENT
RA 8792: PHILIPPINE E-COMMERCE ACT OF 2000
AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC TRANSACTIONS AND DOCUMENT
RA 8792: PHILIPPINE E-COMMERCE ACT OF 2000
● Unauthorized access into a computer system/server or information and communication system
● Any access with the intent to corrupt, alter, steal, or destroy using a computer or computer system without the knowledge and consent of the owner of the system
HACKING / CRACKING
Unauthorized copying, reproduction, storage, uploading, downloading, communication, or broadcasting of protected material [..] through the use of telecommunication networks, e.g. the Internet, in a manner that infringes intellectual property.
PIRACY
Violations against R.A. 7394 (____________)
- pay a fine of PhP _____ to PhP _____ and/or imprisonment of __ to __ years
- The Consumer Act Of The Philippines
- 20,000
- 2,000,000
- 3 to 6 years
Penalty for HACKING/CRACKING and PIRACY:
▪ Pay a fine amounting to a minimum of _______ and a maximum that is commensurate to the damage incurred
▪ Mandatory imprisonment of ____________
- PhP 100,000
- 6 months to 3 years
enacted primarily to protect the consumers
… against hazards to health and safety
… against deceptive, unfair and unconscionable sales acts and practices.
RA 7394: THE CONSUMER ACT OF THE PH
an act that adopts sufficient powers to effectively prevent and combat cybercrime offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels
RA 10175: CYBERCRIME PREVENTION ACT OF 2012
defines CYBERCRIME as a crime committed with or through the use of information and communication technologies such as radio, television, cellular phone, computer and network, and other communication device or application.
RA 10175
JURISDICTION OF R.A. 10175
Who can be charged with violations of this law?
- Any violation committed by a Filipino national regardless of the place of commission.
- Any of the [cybercrime] elements were committed within the Philippines or committed with the use of any computer system wholly or partly situated in the
country. - When by such commission, any damage is caused to a […] person who, at the time of the offense was committed, was in the Philippines
Section 4. CYBERCRIME OFFENSES (10175)
The following acts constitute the offense of cybercrime punishable under this Act:
(a) OFFENSES against the CONFIDENTIALITY, INTEGRITY and AVAILABILITY (CIA) of COMPUTER DATA and COMPUTER SYSTEMS;
(b) COMPUTER-RELATED OFFENSES; and
(c) CONTENT-RELATED OFFENSES
SECTION 4 (a) OFFENSES against the CONFIDENTIALITY, INTEGRITY, and AVAILABILITY (CIA) of COMPUTER DATA and COMPUTER SYSTEMS
- ILLEGAL ACCESS
- ILLEGAL INTERCEPTION
- DATA INTERFERENCE
- SYSTEM INTERFERENCE
SECTION 4 (a) OFFENSES against the CONFIDENTIALITY, INTEGRITY, and AVAILABILITY (CIA) of COMPUTER DATA and COMPUTER SYSTEMS
- ILLEGAL ACCESS
- ILLEGAL INTERCEPTION
- DATA INTERFERENCE
- SYSTEM INTERFERENCE
_____________: access to the whole or any part of a computer system without right.
● “______” is the instruction, communication with, storing/retrieving data from or use of any resources of a computer system of network
● “_____” means having no consent from the owner of the computer system
- ILLEGAL ACCESS
● access
● without right
__________: interception […] of computer data to, from, or within a computer system.
● _______ is listening to, recording, monitoring or surveillance of the content of communications through the use of electronic eavesdropping or tapping devices at the same time that the communication is occurring
- ILLEGAL INTERCEPTION
● 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 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
● This is more or less an extension of the previous offense whereby the affected entity is not just data but the whole system
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
● This is more or less an extension of the previous offense whereby the affected entity is not just data but the whole system
SYSTEM INTERFERENCE
⬥ Refers to software programs and malware components developed to take over a computer’s resources and use them for cryptocurrency mining without the user’s explicit permission
⬥ When you download through torrent sites like “thepiratebay”, you basically give them the authority to use your computer’s CPU to “mine” cryptocurrencies – the reason why downloading a lot of torrent file can cause your computer to heat up
CRYPTOJACKING
⬥ Refers to software programs and malware components developed to take over a computer’s resources and use them for cryptocurrency mining without the user’s explicit permission
⬥ When you download through torrent sites like “thepiratebay”, you basically give them the authority to use your computer’s CPU to “mine” cryptocurrencies – the reason why downloading a lot of torrent file can cause your computer to heat up
CRYPTOJACKING
The unauthorized use, production, sale, procurement, distribution or otherwise making available of:
i. A device designed for committing any offenses under this Act
ii. A computer password, access code, or similar data by which […] a computer system is […] accessed with the intent of committing any offenses under this act
MISUSE OF DEVICE
- SKIMMING DEVICES and KEYLOGGERS
The acquisition of a domain name on the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same
i. Similar, identical or confusingly similar to an existing government-registered trademark;
ii. In case of a personal name, identical or in any way similar with the name of a person other than the registrant; and
iii. Acquired without right or with intellectual property interests in it
CYBER-SQUATTING
a. 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
b. The act of knowingly using computer data which is the product of computer-related forgery 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 [person] without right
COMPUTER-RELATED IDENTITY THEFT
Hacking into the SLU Student Portal to change your grade from 65 to 95
FORGERY
⬥ Hacking into a bank’s database and changing your account balance from PhP 500 to PhP 5,000
⬥ Asking people to send you a “prepaid load” by pretending to be a “relative from abroad”
FRAUD
Those fake social media accounts that has a user profile that contains “identifying information” – like picture or name – belonging to another person with the intention of using it for malicious purposes, such as pretending to be the actual person even if it is not
IDENTITY THEFT
Those fake social media accounts that has a user profile that contains “identifying information” – like picture or name – belonging to another person with the intention of using it for malicious purposes, such as pretending to be the actual person even if it is not
IDENTITY THEFT
The willful engagement, maintenance, control or operation – directly or indirectly – any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration
CYBERSEX
The willful engagement, maintenance, control or operation – directly or indirectly – 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 defined and punishable by R.A. _______: The Anti-Child Pornography Act of 2009 committed through a computer system
● This includes any representation – whether visual or audio – by electronic or any other means of a child engaged or involved in real or simulated explicit sexual activities
- 9775
CHILD PORNOGRAPHY
● The unlawful or prohibited acts defined and punishable by R.A. _______: The Anti-Child Pornography Act of 2009 committed through a computer system
● This includes any representation – whether visual or audio – by electronic or any other means of a child engaged or involved in real or simulated explicit sexual activities
- 9775
CHILD PORNOGRAPHY
● the public and malicious imputation of a crime – real or imaginary – or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a […] person, or to blacken the memory of the dead
● FOUR ELEMENTS OF LIBEL
CYBER LIBER
● FOUR ELEMENTS OF LIBEL
a. Allegations of a discreditable act or condition concerning another;
b. Publication of the charge;
c. The person being defamed is clearly identified; and
d. Existence of malice.
● the public and malicious imputation of a crime – real or imaginary – or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit, or contempt of a […] person, or to blacken the memory of the dead
● FOUR ELEMENTS OF LIBEL
CYBER LIBER
● FOUR ELEMENTS OF LIBEL
a. Allegations of a discreditable act or condition concerning another;
b. Publication of the charge;
c. The person being defamed is clearly identified; and
d. Existence of malice.
right of an individual “to be free from unwarranted publicity, or to live without unwarranted interference by the public in matters in which the public is not necessarily concerned.”
RIGHT TO PRIVACY
right of an individual “to be free from unwarranted publicity, or to live without unwarranted interference by the public in matters in which the public is not necessarily concerned.”
RIGHT TO PRIVACY
REPUBLIC ACT ____: CIVIL CODE OF THE PHILIPPINES (1950)
- Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.
- 386
(1) Prying into the privacy of another’s residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.
REPUBLIC ACT ____: CIVIL CODE OF THE PHILIPPINES (1950)
- Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons.
- 386
(1) Prying into the privacy of another’s residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.
Also known as the “right to be left alone”, refers to the right of a person to “expect privacy” in places and/or situations that the community generally accepts as “quite reasonable”
REASONABLE EXPECTATION OF PRIVACY
Also known as the “right to be left alone”, refers to the right of a person to “expect privacy” in places and/or situations that the community generally accepts as “quite reasonable”
REASONABLE EXPECTATION OF PRIVACY
REPUBLIC ACT ____: ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
9995
REPUBLIC ACT ____: ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
9995
Included under the REASONABLE EXPECTATION OF PRIVACY is that any person believes that:
● He/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured;
● The private area of the person would not be visible to the public, regardless of whether that person is in a public or private place.
REPUBLIC ACT 9995: ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009
penalty for RA 9995
● Imprisonment of __________; and
● Fine of Php _____ to ______
- 3 years to 7 years
- 100,000.00 to Php 500,000.00
penalty for RA 9995
● Imprisonment of __________; and
● Fine of Php _____ to ______
- 3 years to 7 years
- 100,000.00 to Php 500,000.00
- PROTECTS THE PRIVACY OF INDIVIDUALS while ensuring free flow of information to promote innovation and growth.
- REGULATES the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of PERSONAL DATA.
- Ensures that the Philippines COMPLIES WITH INTERNATIONAL STANDARDS set for data protection.
REPUBLIC ACT 10173
individual, corporation, or body who decides what to do with data
PERSONAL INFORMATION CONTROLLER
One who processes data for a PIC. The PIP does not process information for the PIP’s own purpose.
PERSONAL INFORMATION PROCESSOR (PIP)
One who processes data for a PIC. The PIP does not process information for the PIP’s own purpose.
PERSONAL INFORMATION PROCESSOR (PIP)
CONSENT OF THE DATA SUBJECT
Any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her.
The agreement must inform:
a. Purpose, nature, and extent of processing;
b. Period of consent/instruction;
c. Rights as a data subject.
