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Cybercrime Prevention Act of 2012 (Republic Act No. 10175) what's your opinion

freeman12 · 17 · 5704

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Do you support the Cybercrime Prevention Act of 2012?

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freeman12

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click the pic to enlarge and see the senators behind the RA 10175...


let's hear from lourd himself.. (click the pic and it will take you to the video)


The whole Cybercrime Prevention Act of 2012 (Republic Act No. 10175) here.

Quote
SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means 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.

(3) 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.

(4) 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.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) 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, regardless whether or not the data is directly readable and intelligible; or

(ii) 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.

(2) Computer-related Fraud. — 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: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — 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.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the 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.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
« Last Edit: Oct 03, 2012, 01:30 PM by freeman12 »


J3Patino

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Nice. (Medyo lengthy na yung discussion namin dito ng barkada namin, so I'd like to share the main points na napag usapan namin and the points we agreed to disagree)

On the Issue of Libel: Na-clarify namin na you can't be convicted of libel just because you posted a hateful comment or remark online by a powerful politician. This is because he would have to satisfy the "Actual Malice" requirement for libel.

Actual Malice basically is personal ill-will against the person (meaning you have something to gain by bringing him down). It is important to distinguish Actual Malice with Common Law malice which is the more popular concept na basta murahin mo lang yung tao online (since you have nothing to gain by cursing him).

With this basically yung mga reklamo ng tao na you can be convicted with libel is based on the wrong understanding of what libel is.

Here are links supporting this post:
http://en.wikipedia.org/wiki/Actual_malice --> Definition of Actual Malice
http://www.lawphil.net/judjuris/juri2009/may2009/gr_164437_2009.html --> Application of Actual Malice in a Phil. Case.

(I'm sharing this so that we can be informed of what libel really is).

Now, yung ibang issues nalang na mahirap sagutin with the law is that you can be charged with libel even if hindi ka ma c-convict. Empty threats kung baga. Magsasampa ng kaso sayo, kahit wala naman silang laban to do so. (I think this is where a lot of people will have problems if government decides to abuse this).

So there's my 2 centavos, haha. I hope it helps :D









pipay

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first time i read in whole this law and fro the most part okay naman siya. can someone please enlighten me why people or netizens are too scared sa libel na to? what are the possible secnarios ba? thanks!


EngrjEEpoy

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Sakop din ba sa law na yan kung outside the Philippine territory ka?
Say may mga OFW na nabadtrip, ayun umatake sa internet and clear violation talaga. Pwede bang sabihin ng OFW na un na wala naman sya sa pinas kaya pwede syang magsabi ng kung anu-ano.


freeman12

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^sa pagkakaintindi ko ay oo, as long as filipino national yung suspect...

Quote
CHAPTER V
JURISDICTION

SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.
« Last Edit: Oct 03, 2012, 03:35 AM by freeman12 »


Prospera

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Why is it that when this law was being deliberated in both houses, none of those now raising an outcry bothered to make their objections known--like what happened with the RH bill?

Just honestly wondering...


GoodSteward

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Prisoner 1: Ano kaso mo?
Prisoner 2: Nakapatay ako eh. Ikaw?
Prisoner 1: Naglike ako sa Facebook..
LOL


vicces

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Iniiwasan ko ang topic na ito dahil ayaw kong mahighblood.

@prospera, inserted lang kasi ung provision on libel by bjj's favorite senator. :D siguro during the deliberations wala pa yang controversial na section na yan.

J3patino nice commentaries. Not so much on getting convicted with libel, but really the "chilling effect" that this moronic law will have on everyone. Just to avoid the inconvenience of a possible criminal action, might as well keep quiet na lang.

And i will probably die if i cant say something libelous about anyone at any given day. Patay tayo jan. :D

Aba may cyber-squatting pang nalalaman... Did any of those senators even understand half of these provisions?

Anyway dagdag kaalaman mga sir at maam..
http://www.gmanetwork.com/news/story/276434/scitech/socialmedia/digital-martial-law-10-scary-things-about-the-cybercrime-prevention-act-of-2012

(SPOT.ph) Cyberspace has become the platform of the best and worst things that people can come up with when they're online. While it's a hotbed of game-changing ideas and artistic expression, it has also turned into a breeding ground for trolls and cyberthugs. That being said, well-meaning Pinoy lawmakers thought it best to pass Republic Act No. 10175 or The Cybercrime Prevention Act of 2012. But, wait! There's a catch. This very same law that professes to protect us from those who would do us wrong via digital means also threatens to take away our freedom to say what we want.
 

Senator Tito Sotto proudly owned up to the fact that he was responsible for inserting the libel clause into the law. Senator Chiz Escudero called the insertion a "mistake" and has said that he'll move to have the law repealed. Meanwhile, Senator TG Guingona (along with the other senators who didn't back the law) continues to be against the law. For its part, Malacañang said President Noynoy Aquino thoroughly reviewed the law before he affixed his signature to it—a fact which strikes some people as strange. There are those who have remarked that if P-Noy's father, Ninoy, was still around, he probably be among those protesting what has come to be called as "cyber martial law."
 

For the record, the following senators voted to pass the law:
 
 

Sen. Tito Sotto
Sen. Bong Revilla
Sen. Manny Villar
Sen. Lito Lapid
Sen. Koko Pimentel
Sen. Jinggoy Estrada
Sen. Loren Legarda
Sen. Chiz Escudero
Sen. Ping Lacson
Sen. Gringo Honasan
Sen. Pia Cayetano
Sen. Bongbong Marcos
Sen. Ralph Recto
Sure, the law does have some good points, but its "nasty parts" can't be ignored. With the help of InterAksyon.com's series of articles about the Cybercrime Prevention Act—as well as news clips from GMA-7, ABS-CBN, and ANC—we have listed 10 of the law's scariest parts:

1. It only wants to hear nice things . If you're a law-abiding citizen who happens to use blogs, Facebook, and Twitter to let the world know about your beef against, say, certain elected officials who are far from being geniuses—then you've been living a lie. Under the Cybercrime Prevention Act, you're just like any other cybercriminal. Your tweet about the barangay captain who loves San Miguel more than his job? That could be classified as libel, which is defined in the Revised Penal Code as "the public and malicious imputation of a crime, or of a vice or defect, 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..." Take note of the part where it says "real or imaginary." You're damned if you're lying and you're damned if you're telling the truth.

2. It champions the dead by asking the living to shut up. Under the Cybercrime Prevention Act, you would also be committing a crime if you "blacken the memory of one who is dead." So, what happens if the person who died was a criminal who molested kids, backed a law that resulted in thousands of people being tortured, or killed journalists—and you're documenting his or her evil deeds for a history book? Out of being nice, do you erase the "bad parts" of his or her life? The law says, if you can't say anything good, then you better not say anything at all. That's great for petty issues but not when we're talking about people who use their position to take advantage of defenseless individuals.
 



3. It's so "special" that it hurts. In an InterAksyon.com article, News5 resource person Atty. Mel Sta. Maria—who teachers at the Ateneo de Manila University School of Law—pointed out that the Cybercrime Prevention Act is tagged as a mala prohibita law. Sta. Maria explained: "It is an accepted legal rule that offenses under special laws are considered mala prohibita as distinguished from mala in se. [For mala in se], there must be a criminal mind to be convicted. In murder, theft, robbery and other offenses punished by our Revised Penal Code, for example, intention to do wrong is an essential element. [For mala prohibita], there need not be a criminal mind. The mere perpetuation of the prohibited act is enough." So, even if you're kidding around by using somebody's name as a verb or noun to signify not-too-admirable acts (Noynoying, Sottomy, etc), you could get arrested.

 

4. It's a time traveler. In an InterAksyon.com article written by Patrick Villavicencio, University of the Philippines College of Law Professor Atty. JJ Disini said that under the Cybercrime Prevention Act of 2012 the so-called "victims" and their lawyers "could argue in court that old libelous posts [that are] still live today can be charged with online libel." The report further quoted Disini, who explained, "Kasi pwede nilang sabihin na (Because it could mean) by keeping it there today, you’re still publishing it now. So if you’re still publishing it after the law took effect, then you’re liable for its publication today." So, that scathing post about your ex that you put up way back in 2004? You could end up going to jail for that. It's an I Know What You Posted Several Summers Ago scenario.


 

5. It's outdated. An InterAksyon.com article, citing Human Rights Watch (HRW) Asia, noted: "The Philippines' libel law, enacted during the American colonial period and intended mainly to stifle dissent, continues to consider the offense a criminal act. Media organizations contend the law on libel has most often been used by people in power to harass journalists and muzzle critical reportage."


 

6. It won't like you liking what it doesn't like. Those who play a part in unwittingly or willfully encouraging the spread of libelous content shall be charged for abetting libel. That means the act of clicking the "Like" button of Facebook or retweeting posts on Twitter may be tagged as unlawful as well. Time to "unlike" those anti-establishment Facebook pages and unfollow those fake Twitter accounts spoofing persons in power.
 

7. It's prudish. Under the Cybercrime Prevention Act, cybersex is a crime. We agree that it is so—when it's a profit-oriented venture taking advantage of hapless individuals such as minors or those who have been directly or indirectly coerced into the seedy industry. The law defines cybersex thus: "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." However, what if cybersex is done by two consenting adults? If a woman sends a picture of herself eating ice cream in a suggestive manner to her boyfriend, will she be stoned to death sent to jail if someone rats her out?
 


 

8. It shits on wit. In his InterAksyon opinion piece, Ramil Digal Gulle explained: "Interestingly, the Supreme Court of the Philippines has also ruled that even ironic, suggestive, or metaphorical language could be considered libelous. You don’t have to directly call someone a liar and a thief to get sued for libel. It’s enough to suggest it or state it sarcastically—as long as you do so in a public manner like posting on the Internet." (We're taking this opportunity to ask our followers, to please visit us in jail if they have the time or if they're not already in jail with us.)
 

9. It won't play fair. In an InterAksyon.com article, Atty. Mel Sta. Maria pointed out: "Section 1 of Article III of the Bill of Rights of the 1987 Constitution provides that 'no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.' However, under Section 19 of the Cybercrime Prevention Act, 'when a computer data is prima facie found to be in violation of the provisions of this Act, the Department of Justice (DOJ) shall issue an order to restrict or block access to such computer.'" No court intervention is needed, the DOJ can go right ahead and compel you to stop publishing your posts.
 
10. It's got killer penalties. If you get nabbed for online libel, you may spend a maxiumum of 12 years in prison and be fined a maximum of ₱1,000,000. It's like a trick question: Would you rather shell out the hefty amount that would kill you or would you rather waste 12 years of your life behind bars, where, at some point, you'd wish you were dead?
 












bajoyjoy

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Iniiwasan ko ang topic na ito dahil ayaw kong mahighblood.

@prospera, inserted lang kasi ung provision on libel by bjj's favorite senator. :D siguro during the deliberations wala pa yang controversial na section na yan.

vicces, huwag mo ako idamay jan, ayoko makulong! :D he is the best senator in the entire universe kaya! walang libel jan ha (lie meron)!


freeman12

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*update. saw a vid on youtube and added it on the first post.


 
:rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

This is like the new evolved "martial law" of the philippine web.

Napansin ko lang ay majority ng mga sumoporta na senador ay kung hindi galing sa showbiz, ay somehow, indirectly relatated to it..  :think:


bajoyjoy

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^Ayan, pati PMT logo, pinalitan na ng admin in protest to #CyberCrimeLaw :yehey:

J3patino nice commentaries. Not so much on getting convicted with libel, but really the "chilling effect" that this moronic law will have on everyone. Just to avoid the inconvenience of a possible criminal action, might as well keep quiet na lang.
yan yung tinatawag na "prior restraint" which is also expressly prohibited in our constitution as it curtails and violates freedom of speech/expression (see PMT's logo above)....


vicces

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SC ISSUES TRO VIA UNANIMOUS DECISION


FutureGizmo

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Details ng Anti-Cybercrime Law TRO decision ng SC:

Quote
Supreme Court issues TRO vs Cybercrime Law in unanimous vote

In the first major test of the Sereno court, the high tribunal has issued a temporary restraining order (TRO) on the controversial Cybercrime Prevention Act of 2012, a Supreme Court (SC) justice has confirmed.

As of 1 p.m., the SC was still sitting en banc and had yet to come out with an official announcement. However, the source — who declined to be named because he was not authorized to disclose the proceedings to the media — told GMA News' Lia Mañalac-del Castillo that the TRO had already been issued.

Justice Secretary Leila de Lima later told GMA News that the vote was unanimous.

It was not clear as of posting time if the TRO suspends the entire law or only the more contentious sections, including provisions on online libel and surveillance.

The Supreme Court action climaxes an intense period of protest against the law, including a spate of hacking attacks that disabled government websites and even a prominent media portal.

The court has also received 15 petitions as of Tuesday questioning the constitutionality of the law, with various groups condemning it for purportedly threatening freedom of speech, increasing the penalties for libel, and making it easier for authorities to spy on citizens using electronic media.

Chief Justice Maria Lourdes Sereno was being watched closely for how she would lead the court on an issue that could put her on a collision course with the man who just appointed her, President Aquino, who signed the bill into law on September 12. At the same time, the case could also prove her independence from Aquino.

The fury over the law has generated world-wide publicity, with some observers noting the irony that the Philippines is a leader in social media use.

Critics of the law have argued that it was partly in retaliation for the often virulent criticism of lawmakers, especially Sen. Tito Sotto, who claimed to be a victim of cyberbullying after charges that recent speeches of his were plagiarized.

- From: http://www.gmanetwork.com/news/story/277485/scitech/technology/supreme-court-issues-tro-vs-cybercrime-law-in-unanimous-vote


freeman12

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SC ISSUES TRO VIA UNANIMOUS DECISION

:applause: :applause: :applause:

mukang natakot ang gobyerno sa bangis ng mga hackers :rofl:


freefront

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^Wonderful! Otherwise, the campaign season will be absolutely boring  :D


 


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