REPUBLIC ACT 10175 Flashcards by Tadiar, Paul Andre D.

RA 10175 is known as

“Cybercrime Prevention Act of 2012”

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refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network;

ACCESS

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refers to the modification or change, in form or substance, of an
existing computer data or program;

Alteration

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refers to the DOJ - Office of Cybercrime;

Central Authority

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Central Authority refers to

DOJ - Office of Cybercrime;

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What Republic Act is the Anti child pornography act of 2009

RA NO 9775

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refers to the unlawful or prohibited acts defined and punishable by Republic Act No. 9775

CHILD PORNOGRAPHY

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refers to gathering and receiving information;

Collection

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refers to the transmission of information through information and communication technology (ICT) media, including voice, video and other forms of data;

Communication

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refers to either the Cybercrime Investigation and
Coordinating Center or the DOJ - Office of Cybercrime, as the case may be;

Competent Authority

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refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing or storage functions, and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device.

COMPUTER

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refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function, and includes electronic documents and/or electronic data messages whether stored in local computer systems or online;

COMPUTER DATA

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refers to a set of instructions executed by the computer
to achieve intended results;

COMPUTER PROGRAM

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refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data.

computer system

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It covers any type of device with data processing capabilities, including, but not limited to, computers and mobile phones.

COMPUTER SYSTEM

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It also includes computer data storage devices or media;

Computer System

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refers to the communication content of the communication, the meaning or purport of the communication, or the message or information being conveyed by the communication, other than traffic data.

Content Data

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refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data that are so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters;

CRITICAL INFRASTRUCURE

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refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment, and organization and user’s assets;

Cybersecurity

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refers to a comprehensive plan of actions designed to improve the security and enhance cyber resilience of infrastructures and services.

National Cybersecurity Plan

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It is a top-down approach to cybersecurity that contains broad policy statements and establishes a set of national objectives and priorities that should be achieved within a specific timeframe;

National Cybersecurity Plan

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refers to 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

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refers to a computer or a computer network, the electronic medium in
which online communication takes place;

CYBER

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refers to a representation of information, knowledge, facts, concepts or instructions which are being prepared, processed or stored, or have been prepared, processed or stored in a formalized manner, and which are intended for use in a computer system;

Database

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refers to digital information that may be used as evidence in a case. The gathering of the digital information may be carried out by confiscation of the storage media (data carrier), the tapping or monitoring of network traffic, or the making of digital copies (e.g., forensic images, file copies, etc.), of the data held;

Digital evidence

refers to evidence, the use of which is sanctioned by existing rules of evidence, in ascertaining in a judicial proceeding, the truth respecting a matter of fact, which evidence is received, recorded, transmitted, stored, processed, retrieved or produced electronically;

Electronic evidence

refers to the application of investigative and analytical techniques that conform to evidentiary standards, and are used in, or appropriate for, a court of law or other legal context;

Forensics

also known as a forensic copy, refers to an exact bit-by-bit copy of a data carrier, including slack, unallocated space and unused space.

FORENSIC IMAGE

refers to the mathematical algorithm produced against digital information (a file, a physical disk or a logical disk) thereby creating a "digital fingerprint” or “digital DNA” for that information

HASH VALUE

It is a one way algorithm and thus it is not possible to change digital evidence without changing the corresponding hash values;

HASH VALUE

refers to any name or number that may be used alone or in conjunction with any other information to identify any specific individual, including any of the following:

IDENTIFYING INFORMATION

IDENTIFYING INFORMATION may have the following infos

1. Name, date of birth, driver's license number, passport number or tax identification number; 2. Unique biometric data 3. Unique electronic identification number, address or routing code 4. Telecommunication identifying information or access device.

refers to system intended for, and capable of, generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents, and includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording or storage of electronic data message or electronic document;

Information and communication technology

refers to listening to, recording, monitoring or surveillance of the content of communications, including procurement of the content of data, either directly through access and use of a computer system

Interception

refers to a person who hosts or who proposes to host internet content in the Philippines;

Internet content host

refers to the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) under Section 10 of the Act;

Law enforcement authorities

The law enforcement agencies involved in this act are (2)

National Bureau of Investigation (NBI) Philippine National Police (PNP)

refers to the person who created or is the origin of the assailed electronic statement or post using a computer system;

ORIGINAL AUTHOR

refers to the keeping of data that already exists in a stored form, protected from anything that would cause its current quality or condition to change or deteriorate.

PRESERVATION

It is the activity that keeps that stored data secure and safe;

PRESERVATION

any public or private entity that provides users of its service with the ability to communicate by means of a computer system; and

SERVICE PROVIDER

any other entity that processes or stores computer data on behalf of such communication service or users of such service.

SERVICE PROVIDER

refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services

SUBSCRIBER'S INFORMATION

subscriber's information can be (3) the following

1. The type of communication service used 2. The subscriber's private information 3. Any other available information on the site of the installation of communication equipment that is available on the basis of the service agreement or arrangement.

refers to any computer data other than the content of the communication, including, but not limited to the communication's origin, destination, route, time, date, size, duration, or type of underlying service; and

TRAFFIC DATA OR NON-CONTENT DATA

Refers to conduct undertaken without or in excess of authority

WITHOUT RIGHT

Refers to conduct not covered by established legal defenses, excuses, court orders, justifications or relevant principles under the law.

WITHOUT RIGHT

5The 4 Offenses against the confidentiality, integrity and availability of computer data and systems

1. Illegal Access 2. Illegal Interception 3. Data Interference 4. System Interference 5. Misuse of Devices

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

System Interference

which shall be punished with imprisonment of prision mayor, or a fine of not more than Five Hundred Thousand Pesos (P500,000.00), or both

Misuse of Devices

Offenses which shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both

COMPUTER RELATED OFFENSES

The input, alteration or deletion of any computer data without right,

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 righ

COMPUTER RELATED IDENTITY THEFT

Any person found guilty of Child Pornography shall be punished through ___________

RA 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

3 characteristics that qualify as cyber squatting

1. Similar, identical, or confusingly similar to an existing trademark ; 2. Identical or in any way similar with the name of a person\ 3. Acquired without right

refers to a medium-level penalty imposed on individuals convicted of certain crimes in the Philippines

PRISION MAYOR

Cyber-squatting shall be punished with imprisonment of ___________, or a fine of at least ____________up to a maximum amount commensurate to the damage incurred

prision mayor at least Two Hundred Thousand Pesos (P200,000.00)

Cyber squatting committed against critical infrastructure will have a penalty of

reclusion temporal at least Five Hundred Thousand Pesos (P500,000.00)

if the detention shall have exceeded six years, then it is called ___________

RECLUSION TEMPORAL

Imprisonment of 12 years 1 day to 20 years is called by the latin name _____________

reclusion temporal

Penalties of cybersex

PRISION MAYOR 200K - 1MILLION

Penalties of Libel

prision correccional - prision mayor at least 6000 pesos fines

Penalties of other offenses

One Hundred Thousand Pesos (P100,000.00) but not exceeding Five Hundred Thousand Pesos (P500,000.00)

Penalty of Corporate Liability

10 MILLION PESOS

Penalty of a higher up officer due to lack of supervision

UP TO 5 MILLION PESOS

The NBI shall create a cybercrime division headed by

HED AGENT

The PNP shall create a anti cybercrime unit headed by

POLICE DIRECTOR

In section 10, how many Powers and Functions of the Law Enforcement Agencies do have

ISPs Must keep traffic data and subscriber information (like phone numbers) for ______________

6 months.

ISPs Must keep content data (like messages or emails) for ____________, but only if ordered by law enforcement.

6 months.

In Section 14 Disclosure of Computer Data, Service providers must disclose or submit the data within ___________ of receiving the order.

72 hours

In section 15, 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 ______________ from date of approval by the court.

thirty (30) days

IN Section 16, Within _________ after the warrant expires, the collected computer data (both content and traffic data) must be sealed and deposited with the court.

48 hours

IN Section 16, Within 48 hours after the warrant expires, the collected computer data (both content and traffic data) must be _____ and _____ with the court.

sealed and deposited with the court.

The sealed package cannot be opened, played, used as evidence, or have its contents revealed without a ______________

court order.

SECTION 26 DESCRIBES

CYBERCRIME INVESTIGATION AND COORDINATING CENTER

the CICC shall have how many powers and functions, as described by SECTION 27

RA 10175 BEGUN HEARING IN

Monday, July 25 2011

RA 10175 was approved in

SEPTEMBER 12, 2012

This act is a consolidation of Senate Bill no.

2796

This act is a consolidation of House bill no

5808

This act has how many Sections in total