Use Of ICT in Police investigation Flashcards
Provides a target rich environment for criminals
Cyberspace
It is easy to carry out an attack, has lower risks associated with it, is hard to trace technically, and hard to prosecute.
Sophisticated tools are readily available on the Internet publicly.
Access and attack can be from anywhere and anonymous.
Cyberspace
Cybercrime Offenses
- Offense against Confidentially, Integrity and Availability (CIA) of computer data and system
- Computer-Related Offense
- Content- Related Offense
Offense against Confidentiality, Integrity and Availability of computer data and system
- Illegal access
- Illegal interception
- Data Interference
- Misuse of devices
except fine should be no more than ₱500,000. - Cyber-squatting
Offense against CIA of computer data and system penalty
*(imprisonment of 6 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. And
If committed against critical infrastructure:
- (imprisonment for 12 years and 1 day up to 20 years) or a fine of at least P500,000 up to a maximum amount commensurate to the damage incurred or both
- Prision mayor
* Reclusion Temporal
Computer-Related Offense
Computer-related Forgery
Computer-related Fraud
Computer-related Identity theft
Prison Mayor (imprisonment of 6 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. And
On provided that no damage has yet been caused, the penalty imposed shall be one (1) degree lower
Computer-Related Offense
Content-Related Offense
- Cybersex
- Child Pornography
- Unsolicited Commercial Communications (SPAMMING)
- Libel
Defined in Article 355 of the Revised Penal Code
Prision mayor (imprisonment of 6 years and 1 day or a fine at least P200,000 but not exceeding P1,000,000. Penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system. THIS PROVISION WAS STRUCK DOWN BY THE SUPREME COURT AS UNCONSTITUTIONAL Penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
Content-Related Offense
CHAPTER IV ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities - The National Bureau of investigation (NBI) and Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigator to exclusively handle cases involving of this Act.
RA 10175 ALSO KNOWN AS “CYBERCRIME PREVENTION ACT OF 2012”
“Cybercrime Prevention Act of 2012”;
• R.A. 10175 –
“Data Privacy Act of 2013”;
• R.A. 10173 –
“Anti-Photo and Voyeurism Act of 2009”;
• R.A. 9995 –
“Anti-Child Pornography Act of 2009”;
R.A. 9775 –
“E- Commerce Act of 2000”;
• R.A. 8792 –
“Access Device Regulation Act of 1998”;
R.A. 8484 –
- Crime occurs
- Policemen responds
3.
4.
5. - Writes report
- Prosecution
Reactive law enforcement
Cybercrime Investigation Process
Step 1 - Interview the Complainant
Step 2 - Gathering & Documentation of Evidence
Step 3 - Complaint & Witness detailed sworn statement
Step 4 - Request for the conduct of Digital Forensic Examination on the submitted electronic evidence
Step 5 - Coordination, Verification & Presentation with TELCO/ISP and/or Website Admin/Provider.
Step 6 - Preparation of MLAT (Mutual Legal Assistance Treaty).
Step 7 - Preparation & Application for Court Order to TELCO/ISP to give the preserve information requested.
Step 8 - investigation Report
Step 9 - Referral to the Office of the Prosecutor
Cybercrime Investigation Process