Module 9: Cybercrime Laws

Question 1

Why does the merchandise value of the internet economy help to boost industries?

Answer 1

Because of their presence online, making the marketing of the services and products much easier.

Question 2

Also one of the mostly use benefit of the internet that encompasses distance and other factors.

Answer 2

Online communication

Question 3

the use of a computer as an instrument to further illegal ends (i.e., committing fraud, trafficking in child pornography and intellectual property, stealing identities, or violating privacy)

Answer 3

Cybercime/ computer crime

Question 4

Why has cybercrime, especially through the Internet, grown in importance?

Answer 4

Because the computer has become central to commerce, entertainment, and government

Question 5

Most cybercrime is an attack on what?

Answer 5

Information about individuals, corporations, or governments.

Question 6

Although the attacks do not take place on a physical body, they do take place on what?

Answer 6

The personal or corporate virtual body

Question 7

The set of informational attributes that define people and institutions on the Internet

Answer 7

The personal or corporate virtual body

Question 8

Cybercrime highlights:

Answer 8

The centrality of networked computers in our lives, as well as the fragility of such seemingly solid facts as individual identity

Question 9

An important aspect of cybercrime wherein actions can occur in jurisdictions separated by vast distances.

Answer 9

Non-local character

Question 10

Why might the non-local characteristic of cybercrime pose severe problems for law enforcement?

Answer 10

Because previously local and national crimes now require international cooperation

Question 11

A richer version of the space where a telephone conversation takes place, somewhere between the two people having the conversation.

Answer 11

Cyberspace

Question 12

Highlights during the year 2000 from the cybercrime law timeline:

Answer 12

• When the E-Commerce Law (Republic Act 8792) was passed (June 2000).
• I Love You Virus case brought the reality of how global cybercrime can be
• Efforts in registering the Philippine Computer Emergency Response Team (PH-CERT) started with the support of the National Computer Center.

Question 13

Highlights during the years 2001-2002 from the cybercrime law timeline:

Answer 13

• Growing number of hacking attacks and cybercimes were recorded with most victims not filing a complaint do to lack of clarity, along with law enforcement lagging behind due to lack of resources
• A Convention on Cybercrime was proposed encouraging countries with cybercrime legislation to become a signatory (2001).
• Philippine Computer Emergency Response Team (PH-CERT) was launched at One Internet Day 2001.
• An Anti-Cybercrime bill (2001) was filed as early as then by former Congressman Eric D. Singson, supported by Senator Ramon Magsaysay Jr.
• First Internet libel case filed when DotPH CEO Joel Disini sued Fernando Contreras Jr. of Philippine Domain Authority Convenors.

Question 14

Highlights during the year 2003 from the cybercrime law timeline:

Answer 14

• Another Cybercrime bill was filed that is seen as a complement to the E-Commerce Law and Intellectual Property Code.
• A growing number of companies are coming out as well announcing cases they have filed against local scammers and hackers taking advantage of Filipino e-commerce sites. TSSI entrapped 3 suspected money remittance service fraudster who uses stolen credit cards to load money in the service.
• Organizations such as the Philippine Computer Emergency Response Team (PH-CERT) took on the advocacy of pushing for the passage of a Cybercrime legislation.

Question 15

Highlights during the year 2004 from the cybercrime law timeline:

Answer 15

• The growth of home-based workers and BPO industries further strengthen the need for a Cybercrime Law. Investors have several choices in the region and cybercrime legislation is seen as critical

Question 16

Highlights during the year 2005 from the cybercrime law timeline:

Answer 16

• First cybercrime conviction. JJ Maria Giner convicted under the E-Commerce Law for hacking .gov.ph sire.
• On its 10th revision, the Cybercrime Prevention Bill was revised and covered cellphone transactions and anti-spam measures.
• Data Privacy legislation need became evident this year for outsourcing competitiveness.

Question 17

Highlights during the year 2006 from the cybercrime law timeline:

Answer 17

• The enactment of a cybercrime legislation was also included in the country’s ICT roadmap.

Question 18

Highlights during the year 2007 from the cybercrime law timeline:

Answer 18

• The CICT took a proactive role in advocating for various laws such as the Cybercrime Bill. Various groups also participated in hearings and consultation on various ICT policies.
• Growth in cybersex and child trafficking rings were noted. Worries that not having a Cybercrime Law will make the Philippines a haven for individuals engage in various cybercrime.
• Interest surge for a law happened when the site Boy Bastos got Senator Loren Legarda’s attention as it linked to porn and sex scandal videos.
• An International Conference on Cybercrime took place this year that paved the way for a consolidated Cybercrime bill. Internet piracy provisions were also considered.
• Efforts to form a Government Security Incident Response Team (GSIRT) started.
• However, as in the past years, cybercrime legislation was observed to be of low priority.

Question 19

Highlights during the year 2008 from the cybercrime law timeline:

Answer 19

• The E-Commerce Law was deemed lacking in prosecuting a growing number of forms of cybercrime as technologies evolve. Lack of law stops the country from participating in mutual cooperation conventions.
• It was noted that 87% of emails Filipinos received were spam.
• Law enforcement was becoming impatient as much is expected from them but the lack of law is preventing them progress
• CICT proceeded in endorsing its Cybercrime Bill versions.
• Senator Manny Villar filed his version of Anti-Cybercrime Act. Former Congressman Joseph Santiago also has counterpart Cybercrime bills.
• The first case filed this year involved stealing of company secrets.
• First public key infrastructure seminar happened which was done to support plans for a National Public Key Infrastructure.
• Guidelines for Habeas Data came out

Question 20

Highlights during the year 2009 from the cybercrime law timeline:

Answer 20

• Need for a Cybercrime bill got a renewed boost due to the Katrina Hall and Hayden Kho scandal that involved computer theft and unauthorized access to private information
• CICT formed its own cybercrime unit
• Senator Antonio Trillianes IV filed his version of Cybercrime Bill.
• Committee report on the Cybercrime Bill were referred to the Committee on Rules. House Bill 6794 got approved. Legislators exerted effort to fast track it.
• Atty. Geronimo Sy sees constant advocacy as key to push for legislation passage.

Question 21

Highlights during the year 2010 from the cybercrime law timeline:

Answer 21

• 9 out of 10 Filipinos are victims of various forms of cybercrime (hacking attacks to online scams)
• PH-CERT renewed calls for the passage of Cybercrime Bill. It was passed at the House of Representatives but got stalled in the Senate due to the election season.

Question 22

Highlights during the year 2011 from the cybercrime law timeline:

Answer 22

• Committee Report on Cybercrime Bill was submitted to the House of Representatives.

Question 23

Highlights during the year 2012 from the cybercrime law timeline:

Answer 23

• Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, was signed into law by President Aquino on Sept. 12, 2012.

Question 24

Which crime was not originally part of the bill proposed by the Department of Justice but was one of the amendments inserted by the Senate?

Answer 24

Online libel

Question 25

The original goal of the Cybercrime Prevention Act before any amendments

Answer 25

Penalize acts such as:
Cybersex
Child Pornography
Identity theft
Unsolicited electronic communication

Question 26

The original version of the Cybercrime Law includes the main features of of this republic act. However, because Congress was forced to quickly enact the said law, the said features were deleted from the Cybercrime Law

Answer 26

Anti-Photo and Video Voyeurism Act of 2009 (RA 9995)

Question 27

The mere videotaping of a sexual intercourse will not per se constitute violation of RA 9262 (Anti-Violence Against Women and their Children Act of 2004). The second element must be present because:

Answer 27

it is the proximate or immediate cause of the mental and emotional anguish, public ridicule or humiliation to the woman. . .”

Question 28

Section 4. Prohibited Acts. It is hereby prohibited and declared unlawful for any person:

Answer 28

a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy

b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration;

c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or

d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings or such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other.