Unit 10: Cybercrime Law Flashcards
Who created the worm that sent messages through with an attachment: LOVE-LETTER-FORYOU.txt.vbs, that when opened, the file activates a code that sends an instruction to forward the same email to all the contacts of the user.
Onel de Guzman
What is the amount of estimated damages by the ILOVEYOU worm?
10 billion USD
Upon arrest of Onel de Guzman in 2000, were his actions illegal?
No. He was released shortly because there weren’t any pre-existing laws in the country for which he can be prosecuted.
This is an act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof and for other purposes. This was also used to define certain illegal activities concerning the use of various devices.
RA 8792 or the Philippine E-Commerce Act of 2000
True or false: Electronic documents have the same legal effect, validity, and enforceability as any other document or legal writing.
True
For evidentiary purposes, an electronic document shall be the _______________ equivalent of a written document under existing laws.
Functional
This is the unauthorized access into a computer system/server or information and communication system. According to the law, it is the “access of a computer or computer system with the intention to corrupt, alter, steal, or destroy.
Hacking or Cracking
Without the intent to corrupt, alter, steal, or destroy, does the law consider unauthorized access to a computer hacking?
No. The intention is a requisite in order for the act to be considered hacking.
This is the unauthorized opying, reproduction, storage, uploading, downloading, communication, or broadcasting of protected material, … , through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights.
Piracy
What are the prohibited acts in relation to RA 8792?
Hacking/Cracking
Piracy
Does connecting to an open WiFi Network (WiFi with no password), without the consent of the owner of the network, constitute to a violation of RA 8792?
No. There is no intention to corrupt, alter, steal, or destroy.
This law is the most comprehensive cybercrime law enacted in the Philippines. It is considered as the cornerstone of cybercrime protection for citizens in the Philippines.
RA 10175 or the Cybercrime Prevention Act of 2012
This is an act that adopts sufficient powers to effectively prevent and combat cybercrime offenses by facilitating their detection, investigation, and prosecution.
RA 10175
This is 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.
Cybercrime
What are the 3 types of cybercrimes?
- Offenses against the confidentiality, integrity, and availability (CIA) of computer data and systems
- Computer-related offenses
- Content-related offenses
Can a Filipino who violated RA 10175 and is not situated in the Philippines be charged?
Yes.
Can a person who committed any of the elements of a cybercrime within the Philippines partly or wholly be charged with violations of RA 10175?
Yes
If the victim at the time of the crime was in the Philippines, can the violators be charged?
Yes
This is the access to the whole or any part of a computer system without right.
Illegal Access
What does “without right” mean?
Having no consent from the owner of the computer system
This is the instruction, communication with, storing / retrieving data from, or [making] use of any resources of a computer system or communication network.
Access
Does connecting to an open WiFi Network (WiFi with no password) without the consent of the owner of the network constitute to a violation of RA 10175?
Yes. Illegal access is to “make use of any resources” without right (consent).
Even if this is not punishable under RA 8792, it is under RA 10175.
This is the interception made by technical means without right of any non-public transmission of computer data.
Illegal interception
This means the 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.
Interception
What do you call the person who illegally intercepts between two electronic connections?
Man in the Middle, Phisher, Anonymous proxy
This is 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
Does RA 10175 hold a person liable for altering or damaging computer data even without intent?
Yes. Data Interference under RA 10175 includes reckless alteration or damaging.
This is 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
System Interference
This refers to software programs and malware
components developed to take over a computer’s resources and use them for cryptocurrency mining without a user’s explicit permission.
Cryptojacking or Cryptomining Malware
This is the use, production, sale, procurement, distribution, or otherwise making available, without right, of a device or computer password designed primarily for the purpose of committing any of the offenses under this Act;
Misuse of Devices
This is the acquisition of a domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same
Cyber-squatting
This is 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.
Computer-related forgery
This is 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
What is the difference between forgery and fraud?
It is considered fraud if it incurred monetary damages.
This is the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right.
Computer-related Identity theft
This is 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
This is 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 natural or juridical person, or to blacken the memory of one who is dead.
Libel