On the cybercrime act

Cybercrime Prevention
Act of 2012
Computer Professionals’ Union
5 October 2012

*Mula sa mga datos ng BAYAN at Bloggers and Netizens vs Aquino Supreme Court
Petitions at mga imahe mula sa Pixel Offensive.

Sunday, October 7, 12

Background
Passed House of Representatives on 04 June 2012

Senate Bill No. 2796 and House Bill No. 5808

Passed Senate on 05 June 2012

Signed into law on 12 September 2012

An Act Deﬁning Cybercrime, Providing for the Prevention,
Investigation, Suppression, and the Imposition of Penalties therefor
and for other Purposes

Implemented: October 3, 2012

Endorsed by these
senators.

“TG” Guingona III
voting against it.


We ﬁght back!

SC petitions to Junk/Repeal/Amend

Senate Bill No. 2796 and House Bill No. 5808


We ﬁght back!

Online blackout campaign


We ﬁght back!

Silent protest in SC


We ﬁght back!

Protest in SC


We ﬁght back!
Social Media


“Anonymous” ﬁghts back!


What is the RA 10175 ?
Section 4: Cybercrime Offenses

Illegal access, illegal interception, data interception, data
interference (a)(3), system interference, misuse of devices

Computer-related forgery, computer-related fraud, computer-
related identity theft

Cybersex, child pornography, unsolicited commercial
communications

Libel


Section 5: Other Offenses

aiding or abetting in the commission of cybercrime, attempt
in the commission of cybercrime

Section 6: All crimes in RPC if committed by, through and with
the use of ICT

Penalty: one degree higher


Section 4(a)(3) on Data Interference: intrudes into
people’s freedom
The intentional or reckless alteration,
damaging, deletion or deterioration of computer data, of speech
electronic document, or electronic data message,
without right including the introduction or alterations
transmission of viruses

vague, “sweep unnecessarily broadly”

“it becomes very burdensome, onerous
and patently discouraging, specially if
the act is for purposes of social and
political criticisms”

Source: BAYAN SC Petition

Section 4(b)(3) on Computer-related
Identity Theft:
intrudes into
people’s freedom
The intentional acquisition, use, misuse, of speech
transfer, possession, alteration, or deletion of
identifying information belonging to politician’s full name, age,
another, whether natural or juridical without right. education, employment
Provided, that if no damage has yet been caused, the background, names of parents,
penalty imposable shall be one (1) degree lower. siblings, wife, children and other
members of immediate family) of
another person (e.g. by
intentionally obtaining such
identifying information, without
any consent, from Facebook,
website, or any online article or
document)



Section 4(c)(4) on Libel

makes anyone a target of prosecution and punishment

chilling effect on the exercise of freedom of speech

General Comment No. 34 of the United Nations Human Rights
Committee states that “State parties should consider the
decriminalization of defamation

“a violation or disregard of the Philippine government’s obligations under
the International Convention on Civil Political Rights to promote and
protect freedom of expression”

Section 5(a) on Aiding or intrudes into people’s
Abetting in the commission of
cybercrime: freedom of speech
Section 5(b) on Attempt in the
commission of cybercrime:


Section 6 on all crimes deﬁned violation of the right
in Revised Penal Code (RPC),
if committed by, through and of the people not to
with the use of ICT shall be be subjected to
covered by this Act double jeopardy

Section 7 on Liability under
other Laws

A prosecution under this Act shall be without
prejudice to any liability for violation of any
provision of RPC etc


Section 12 (1) violation of the right
Real-Time Collection of Traffic
Data of the people against
unreasonable
Law enforcement authorities, with due
searches and seizure
cause, shall be authorized to
collect or record by technical
or electronic means traffic violation of the right
data in real-time associated with to privacy
specified communications transmitted by
means of a computer system



Section 17 (1) deprivation of
Destruction of computer data
property without due
Upon expiration of periods authorities shall process of law
immediately and completely
destroy the computer data subject
to prevention and examination.


Section 19 (1)
Restricting of Blocking Access to intrudes into
Computer Data people’s freedom of
When a computer data is prima speech
facie found to be in violation of the provision
of this Act, the DOJ shall issue an grant of unbridled
order to restrict or block access
to such computer data. power to
Department of
Justice
“take down clause”


Who are affected?

all users of “mobile phones, computers, computer data
storage devises (e.g. USB, external hard disks), emails,
social media and anything that is related to the internet,
cyberspace and information and communications
technology”



Threats to ICT professionals

For computer professionals and hackers working with
information security and network administration our sets
of tools can be misinterpreted as tools to commit
cybercrime. It should be noted that crackers (bad
hackers) and hackers almost use the same set of tools.
We can be punished for “misuse of devices”...

Source: CP-UNION.COM


Threats to ICT professionals
Computer technicians are not spared. They should start
asking waivers if they repair, reformat, and troubleshoot
computer systems and networks. They could be punished
for “system interference” in Section 4 (a) (4).

It “adds a broken tool to current computer security
toolbox used by computer professionals. It opened new
mechanisms for misinterpretations (intentional or not)
by State authorities wherein innocent computer users
and hackers can be tagged to crimes and punished
without due process.”

Source: CP-UNION.COM


Can an IRR ﬁx RA 10175 ?
“As such, Akbayancalls on President Aquino to
address the inﬁrmities of the law by
inviting media people and organizations,
social movements and civil society groups to
participate in the crafting of the law’s
implementing rules and regulations (IRR) to
negate the law’s repressive provisions and safeguard the
rights and welfare of internet users. The Aquino
government must swiftly act to salvage this law or
otherwise the people will have no option left but to bring
this to court.”
September 20, 2012 Statement, AKBAYAN

Can an IRR ﬁx RA 10175 ?

No.

@natoreyes:
“The IRR cannot accomplish more than what the law sets
out to do. If the law intends to criminalize online libel,
the IRR cannot reverse or negate this. If the law allows
the take-down of websites by the DOJ sans a court order,
the IRR cannot reverse or negate this.”
... “We’re being drawn to a path that leads to a cliff. Huwag
magpaloko.”
Source: http://natoreyes.wordpress.com


We have bigger problems but they decided to prioritize
punishment of cybercrime.


Binuo ng Computer Professionals’ Union
www.cp-union.com

Ref: http://www.facebook.com/PixelOffensive
BAYAN Supreme Court Petition
Bloggers and Netizens vs Aquino Supreme Court Petition

*Mula sa mga datos ng BAYAN at Bloggers and Netizens vs Aquino Supreme Court Petitions
*Mga imahe mula sa Pixel Offensive.


On the Cybercrime Law by Computer Professionals’ Union
and Rick Bahague is licensed under a Creative Commons
Attribution-NonCommercial-ShareAlike 3.0 Unported License.
Based on a work at www.cp-union.com.


On the cybercrime act

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