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MATRIX ON CYBERCRIME



HB No. 85                HB No. 167               HB No. 364               HB No. 383               HB No. 511               HB No. 1444              HB No. 2279               HB No. 3376
(Rep. Susan Yap)         (Rep. Eric Owen G.       (Rep. Marcelino          (Rep. Gloria             (Rep. Juan Edgardo       (Rep. Carmelo            (Rep. Rufus               (Rep. Michael
                         Singson, Jr.)            Reyes Teodoro)           Macapagal-Arroyo)        “Sonny” Angara)          Feliciano Lazatin)       Rodriguez Bautista)       Mariano Velarde Jr.)
“AN ACT DEFINING         AN ACT DEFINING          AN ACT DEFINING          AN ACT DEFINING          AN ACT                   AN ACT                   AN ACT PENALIZING         AN ACT DEFINING
CYBERCRIME,              CYBERCRIME,              CYBERCRIME,              CYBERCRIME,              DEFINING                 PROHIBITING              THE USE OF                CYBERCRIME,
PROVIDING FOR THE        PROVIDING FOR            PROVIDING FOR            PROVIDING FOR            CYBERCRIME,              CYBERSEX AND             COMPUTERS TO              PROVIDING FOR
PREVENTION,              PREVENTION,              PREVENTION,              PREVENTION,              PROVIDING FOR            PROVIDING                COMMIT,                   PREVENTION,
INVESTIGATION AND        SUPPRESSION AND          SUPPRESSION AND          SUPPRESSION AND          PREVENTION,              PENALTIES FOR THE        FACILITATE OR             SUPPRESSION AND
IMPOSITION OF            IMPOSITION OF            IMPOSITION OF            IMPOSITION OF            SUPPRESSION AND          VIOLATION THEREOF        CONCEAL THE               IMPOSITION OF
PENALTIES                PENALTIES                PENALTIES                PENALTIES                IMPOSITION OF            AND FOR OTHER            COMMISSION OF A           PENALTIES
THEREFOR AND FOR         THEREFOR                 THEREFOR AND FOR         THEREFOR AND FOR         PENALTIES                PURPOSES                 CRIME                     THEREFOR AND FOR
OTHER PURPOSES           AND FOR OTHER            OTHER PURPOSES           OTHER PURPOSES           THEREFOR                                                                    OTHER PURPOSES
                         PURPOSES                                                                   AND FOR OTHER
                                                                                                    PURPOSES
SECTION 1. Title. This   SECTION 1. Title. –      SECTION 1. Title. –      SECTION 1. Title-        SECTION 1. Title.        SECTION 1. Title. –      SEC. 1. Short Title. -    SECTION 1. Title. -
Act shall be known as    This Act shall be        This Act shall be        This Act shall be        This Act shall be        This Act shall be        This Act shall be cited   This Act shall be
the "Cybercrime          known as the             known as the             known as the             known as the             known as the “Anti-      as the “Computer          known as the
Prevention Act of        “Cybercrime              “Cybercrime              “Cybercrime              “Cybercrime              Cybersex Act”.           Crimes Act”.              "Cybercrime
2010".                   Prevention Act of        Prevention Act of        Prevention Act of        Prevention Act of                                                           Prevention Act of
                         2009”.                   2010”.                   2010.”                   2010.”                                                                      2010".
SECTION 2.               SEC. 2. Declaration      SEC. 2. Declaration      SEC.2. Declaration of    SEC. 2. Declaration      SECTION 2.               SEC. 2. Declaration       SEC. 2. Declaration of
Declaration of Policy.   of Policy. –             of Policy. –             Policy-                  of Policy.               Declaration of Policy.   of Policy. –              Policy. –
–                                                                                                                            –
                                                                                                                                                      It is the policy of the
 It is the declared      The State recognizes     The State recognizes     The State recognizes     The State recognizes     It is the declared                                 The State recognizes
                                                                                                                                                      State to prevent the
policy of the State to   the increasingly vital   the increasingly vital   the increasingly vital   the increasingly vital   policy of the State to                             the vital role of
                                                                                                                                                      use of computers in
uphold the morality      role of information      role of information      role of information      role of information      uphold the morality                                information and
                                                                                                                                                      committing acts
of the society           and communications       and communications       and communications       and communications       of the society                                     content industries,
                                                                                                                                                      penalized under the
particularly the         technology (ICT) as      technology (ICT) as      technology (ICT) as      technology (ICT) as      particularly the                                   such as
                                                                                                                                                      Revised Penal Code
women and the            an enables of key        an enabler of key        an enabler of key        an enabler of key        women and the                                      telecommunications,
                                                                                                                                                      and other special
youth, against           industries such as,      industries such as,      industries such as,      industries such as,      youth, against                                     broadcasting,
                                                                                                                                                      laws.
immoral and              banking,                 banking,                 banking,                 banking,                 immoral and                                        electronic
obscene acts             broadcasting,            broadcasting,            broadcasting,            broadcasting,            obscene acts                                       commerce, and data
through the use of       business process         business process         business process         business process         through the use of                                 processing, in the
the cyberspace by        outsourcing,             outsourcing,             outsourcing,             outsourcing,             the cyberspace by                                  nation's overall social
prohibiting the          electronic commerce      electronic commerce      electronic commerce      electronic commerce      prohibiting the                                    and economic
operation of             and                      and                      and                      and                      operation of                                       development. The
cybersex in the          telecommunications,      telecommunications,      telecommunications,      telecommunications,      cybersex in the                                    State also recognizes
Philippines.             and as a driving         and as a driving         and as a driving         and as a driving         Philippines.                                       the importance of
                         force for the nation’s   force for the nation’s   force for the nation’s   force for the nation’s                                                      providing an
                         overall social and       overall social and       overall social and       overall social and                                                          environment
economic                  economic                  economic                  economic                  conducive to the
development. The          development. The          development. The          development. The          development,
State also recognizes     State also recognizes     State also recognizes     State also recognizes     acceleration, and
the importance of         the importance of         the importance of         the importance of         rational application
providing an              providing an              providing an              providing an              and exploitation of
environment               environment               environment               environment               information and
conducive to the          conducive to the          conducive to the          conducive to the          communications
development,              development,              development,              development,              technology to attain
acceleration and          acceleration and          acceleration and          acceleration and          free, easy, and
application of ICT to     application of ICT to     application of ICT to     application of ICT to     intelligible access to
attain free, easy and     attain free, easy and     attain free, easy and     attain free, easy and     exchange and/ or
intelligible access to    intelligible access to    intelligible access to    intelligible access to    delivery of
exchange and/or           exchange and/or           exchange and/or           exchange and/or           information; and the
delivery of               delivery of               delivery of               delivery of               need to protect and
information; and the      information; and the      information; and the      information; and the      safeguard the
need to protect and       need to protect and       need to protect and       need to protect and       integrity of
safeguard the             safeguard the             safeguard the             safeguard the             computer, computer
integrity of              integrity of              integrity of              integrity of              and communication
computer and              computer and              computer and              computer and              systems, networks,
communications            communications            communications            communications            and databases, and
systems, networks         systems, networks         systems, networks         systems, networks         the confidentiality,
and database, and         and database, and         and database, and         and database, and         integrity, and
the confidentiality,      the confidentiality,      the confidentiality,      the confidentiality,      availability of
integrity and             integrity and             integrity and             integrity and             information and data
availability of           availability of           availability of           availability of           stored therein, from
information and           information and           information and           information and           all forms of misuse,
data stored therein,      data stored therein,      data stored therein,      data stored therein,      abuse, and illegal
from all forms of         from all forms of         from all forms of         from all forms of         access by making
misuse, abuse and         misuse, abuse and         misuse, abuse and         misuse, abuse and         punishable under the
illegal access by         illegal access by         illegal access by         illegal access by         law such conduct or
making such conduct       making such conduct       making such conduct       making such conduct       conducts. In this
punishable under          punishable under          punishable under          punishable under          light, the State shall
the law. In this light,   the law. In this light,   the law. In this light,   the law. In this light,   adopt sufficient
the State shall           the State shall adopt     the State shall adopt     the State shall adopt     powers to effectively
adopt sufficient          sufficient powers to      sufficient powers to      sufficient powers to      prevent and combat
powers to effectively     effectively prevent       effectively prevent       effectively prevent       such offenses by
prevent and combat        and combat such           and combat such           and combat such           facilitating their
such offenses by          offenses by               offenses by               offenses by               detection,
facilitating their        facilitating their        facilitating their        facilitating their        investigation, and
detection,                detection,                detection,                detection,                prosecution at both
investigation and         investigation and         investigation and         investigation and         the domestic and
prosecution at both       prosecution at both       prosecution at both       prosecution at both       international levels
the domestic and          the domestic and          the domestic and          the domestic and          and by providing
international levels,   international levels,   international levels,   international levels,                                                  arrangements for
                        and by providing        and by providing        and by providing        and by providing                                                       fast and reliable
                        arrangements for        arrangements for        arrangements for        arrangements for                                                       international
                        fast and reliable       fast and reliable       fast and reliable       fast and reliable                                                      cooperation.
                        international           international           international           international
                        cooperation.            cooperation.            cooperation.            cooperation.


No Provision            No Provision            No Provision            No Provision            No Provision            SECTION 4.             No Provision            No Provision
                                                                                                                        Enforcement of the
                                                                                                                        Act. – Towards this
                                                                                                                        end, this act shall
                                                                                                                        prohibit the
                                                                                                                        operation of
                                                                                                                        cybersex in the
                                                                                                                        country, provide
                                                                                                                        corresponding
                                                                                                                        penalties for
                                                                                                                        violators and ensure
                                                                                                                        the welfare
                                                                                                                        sexworkers
                                                                                                                        particularly the
                                                                                                                        minors.
SEC. 3. Definition of   SEC.3 Definition of     SEC. 5. Definition of   SEC. 3. Definition of   SEC. 3. Definition of   SECTION 5.             SEC. 3. Definition of   SEC. 3. Definition of
Terms. For purposes     Terms. – For            term- As used in this   Terms. For              Terms. For              Definition of term-    Terms. – As used in     Terms. - For
of this Act, the        purposes of this Act,   Act, Cybersex shall     purposes of this Act,   purposes of this Act,   As used in this Act,   this Act, the term:     purposes of this Act,
following terms are     the following terms     mean “any form of       the following terms     the following terms     Cybersex shall mean                            the following terms
hereby defined as       are hereby defined      interactive             are hereby defined      are hereby defined      “any form of                                   are hereby defined
follows:                as follows:             prostitution and        as follows:             as follows:             interactive                                    as follows:
                                                other forms of                                                          prostitution and
                                                obscenity through                                                       other forms of
                                                the cyberspace as                                                       obscenity through
                                                the primary                                                             the cyberspace as
                                                channel”.                                                               the primary
                                                                                                                        channel”.
a) Access - refers to   (a) Access refers to    a) Access refers to     A.Access refers to      A.Access refers to      No provision           No provision            a) Access - refers to
  the instruction,      the instruction,        the instruction,        the instruction,        the instruction,                                                       the instruction,
  communication         communication with,     communication with,     communication with,     communication                                                          communication with,
  with, storing data    storage of data in,     storage of data in,     storage of data in,     with, storage of data                                                  storing data in,
  in, retrieving data   retrieval of data       retrieval of data       retrieval of data       in, retrieval of data                                                  retrieving data from,
  from, or otherwise    from, or otherwise      from, or otherwise      from, or otherwise      from, or otherwise                                                     or otherwise making
  making use of any     making use of any       making use of any       making use of any       making use of any                                                      use of any resources
  resources of a        resource of a           resource of a           resource of a           resource of a                                                          of a computer,
computer system        computer system.         computer system.         computer system.         computer system.                                                 computer and
  or communication                                                                                                                                                   communications
  network;                                                                                                                                                           network, or
                                                                                                                                                                     database;
b) Alteration - refers    (b) Alteration refers   b) Alteration refers     B.Alteration refers to   B.Alteration refers to   No provision   No provision             b) Alteration - refers
to the modification      to the modification      to the modification      the modification or      the modification or                                              to the modification
or change, in form or    or change, in form or    or change, in form or    change, in form or       change, in form or                                               or change, in form or
substance, of an         substance, of an         substance, of an         substance, of an         substance, of an                                                 substance, of an
existing computer        existing computer        existing computer        existing computer        existing computer                                                existing computer
data or program;         data or program.         data or program.         data or program.         data or program.                                                 data or program;
c) Communication -       (c) Communication        (c) Communication        C. Communication         C. Communication         No provision   No provision             c) Communication -
refers to the            refers to the            refers to the            refers to the            refers to the                                                    refers to the
transmission of          transmission of          transmission of          transmission of          transmission of                                                  transmission of
information              information,             information,             information,             information,                                                     information,
including voice and      including voice and      including voice and      including voice and      including voice and                                              including voice and
non-voice data;          non-voice data.          non-voice data.          non-voice data           non-voice data                                                   non-voice data;
d) Computer system       d) Computer system       (d) Computer system      D.Computer system        D.Computer system        No Provision   A.“Computer” shall       d) Computer - refers
– means any device       – means any device       refers to any device     refers to any device     refers to any device                    refer to an electronic   to any device or
or a group of            or a group of            or group of              or group of              or group of                             machine that             apparatus which by
interconnected or        interconnected or        interconnected or        interconnected or        interconnected or                       performs                 electronic, electro-
related devices, one     related devices, one     related devices, one     related devices, one     related devices, one                    mathematical or          mechanical or
or more of which,        or more of which,        or more of which,        or more of which,        or more of which,                       logical calculations     magnetic impulse, or
pursuant to a            pursuant to a            pursuant to a            pursuant to a            pursuant to a                           or that assembles,       by other means, is
program, performs        program, performs        program, performs        program, performs        program, performs                       stores, correlates, or   capable of receiving,
automatic                automatic                automated                automated                automated                               otherwise processes      recording,
processing of data.      processing of data.      processing of data. It   processing of data. It   processing of data. It                  and prints               transmitting, storing,
It covers any type of    It covers any type of    covers any type of       covers any type of       covers any type of                      information derived      processing,
computer device          computer device          device with data         device with data         device with data                        from coded data in       retrieving, or
including devices        including devices        processing               processing               processing                              accordance with a        producing
with data processing     with data processing     capabilities             capabilities             capabilities                            predetermined            information, data,
capabilities like        capabilities like        including, but not       including, but not       including, but not                      program and shall        figures, symbols, or
mobile phones and        mobile phones and        limited to,              limited to,              limited to,                             include word             other modes of
also computer            also computer            computers and            computers and            computers and                           processors, laptop       expression according
networks. The            networks. The            mobile phones. The       mobile phones. The       mobile phones. The                      computers,               to mathematical and
device consisting of     device consisting of     device consisting of     device consisting of     device consisting of                    mainframes or            logical rules of
hardware and             hardware and             hardware and             hardware and             hardware and                            personal computers.      performing any one
software may             software may             software may             software may             software may                                                     or more of those
include input, output    include input, output    include input, output    include input, output    include input, output                                            functions, including
and storage facilities   and storage facilities   and storage              and storage              and storage                                                      its associated
which may stand          which may stand          components which         components which         components which                                                 devices and
alone or be              alone or be              may stand alone or       may stand alone or       may stand alone or                                               peripherals;
connected in a           connected in a           be connected in a        be connected in a        be connected in a
network or other         network or other         network or other         network or other         network or other
similar devices. It      similar devices. It     similar devices. It     similar devices. It     similar devices. It
also includes            also includes           also includes           also includes           also includes
computer-data            computer-data           computer data           computer data           computer data
storage devices or       storage devices or      storage devices or      storage devices or      storage devices or
medium.                  medium.                 media.                  media.                  media.

e) Computer Data -       (e) Computer data       (e) Computer data       E.Computer data         E.Computer data         No provision   No provision   e) Computer Data -
refers to any            refers to any           refers to any           refers to any           refers to any                                         refers to any
representation of        representation of       representation of       representation of       representation of                                     representation of
facts, information, or   facts, information or   facts, information or   facts, information or   facts, information or                                 facts, information, or
concepts in a form       concepts in a form      concepts in a form      concepts in a form      concepts in a form                                    concepts in a form
suitable for             suitable for            suitable for            suitable for            suitable for                                          suitable for
processing in a          processing in a         processing in a         processing in a         processing in a                                       processing in a
computer system          computer system,        computer system,        computer system,        computer system,                                      computer system,
including a program      including any           including any           including any           including any                                         including a program
suitable to cause a      program capable of      program capable of      program capable of      program capable of                                    suitable to cause a
computer system to       causing a computer      causing a computer      causing a computer      causing a computer                                    computer system to
perform a function       system to perform a     system to perform a     system to perform a     system to perform a                                   perform a function
and includes             function, as well as    function, as well as    function, as well as    function, as well as
electronic               electronic              electronic              electronic              electronic
documents and/or         documents or            documents or            documents or            documents or
electronic data          electronic data         electronic data         electronic data         electronic data
messages                 messages.               messages.               messages.               messages.
No Provision             No Provision            No Provision            No Provision            No Provision            No Provision   No Provision   f) Computers and
                                                                                                                                                       Communications
                                                                                                                                                       Network or
                                                                                                                                                       Networks - refer to:

                                                                                                                                                       i. a group of
                                                                                                                                                       computers,
                                                                                                                                                       associated devices,
                                                                                                                                                       and/or its
                                                                                                                                                       peripherals that are
                                                                                                                                                       connected either
                                                                                                                                                       permanently or
                                                                                                                                                       temporarily, wired or
                                                                                                                                                       wireless, by
                                                                                                                                                       transmission and/or
                                                                                                                                                       communications
                                                                                                                                                       facilities which
                                                                                                                                                       facilitate and/or
                                                                                                                                                       provide the means of
                                                                                                                                                       sending,
communicating,
                                                                                                                                                            processing and/or
                                                                                                                                                            transmitting voice
                                                                                                                                                            and/or non-voice
                                                                                                                                                            data and/or
                                                                                                                                                            information
                                                                                                                                                            electronically; or

                                                                                                                                                            ii. a group of
                                                                                                                                                            interconnected or
                                                                                                                                                            related devices,
                                                                                                                                                            including, but not
                                                                                                                                                            limited to, a group of
                                                                                                                                                            interconnected
                                                                                                                                                            computers, private
                                                                                                                                                            exchange branch
                                                                                                                                                            (PBX) wired or
                                                                                                                                                            wireless,
                                                                                                                                                            telecommunications
                                                                                                                                                            switching
                                                                                                                                                            equipment, one or
                                                                                                                                                            more of which,
                                                                                                                                                            pursuant to a
                                                                                                                                                            program, perform
                                                                                                                                                            automatic processing
                                                                                                                                                            of data;
f) Computer                f) Computer program     (f) Computer            F. Computer              F. Computer               No provision   No provision   g) Computer
Program - refers to a      refers to a set of      program refers to a     program refers to a      program refers to a                                     Program - refers to a
set of instructions        instructions            set of instructions     set of instructions      set of instructions                                     set of instructions
executed by the            executed by the         executed by the         executed by the          executed by the                                         executed by the
computer;                  computer to achieve     computer to achieve     computer to achieve      computer to achieve                                     computer to achieve
                           intended results.       intended                intended results.        intended results.                                       intended results;
g) Conduct Without         (g) Conduct without     g) Conduct without      G.Conduct without        G.Conduct without         No provision   No provision   h) Conduct Without
Right                      right                   right                   right                    right                                                   Right - refers to
- refers to. either: (1)   refers to either: (1)   refers to either: (1)    refers to either: (1)     refers to either: (1)                                 either: (I) conduct
conduct undertaken         conduct undertaken      conduct undertaken      conduct undertaken        conduct undertaken                                     undertaken without
without or in excess       without or in excess    without or in excess    without or in excess      without or in excess                                   or in excess of
of authority; or (ii)      of authority; or (2)    of authority; or (2)    of authority; or (2)      of authority; or (2)                                   authority; or (2)
conduct not covered        conduct not covered     conduct not covered     conduct not covered       conduct not                                            conduct not covered
by established legal       by established legal    by established legal    by established legal      covered by                                             by established legal
defenses, excuses,         defenses, excuses,      defenses, excuses,      defenses, excuses,        established legal                                      defenses, excuses,
court orders,              court orders,           court orders,           court orders,             defenses, excuses,                                     court orders,
justifications, or         justifications or       justifications or       justifications or         court orders,                                          justifications, or
relevant principles   relevant principles   relevant principles   relevant principles   justifications or     relevant principles
under the law;        under the law.        under the law.        under the law.        relevant principles   under the law;
                                                                                        under the law.
                                                                                                              i) Cybercrime - refers
                                                                                                              to any offense that
                                                                                                              can be committed by
                                                                                                              using a computer or
                                                                                                              communications
                                                                                                              system or network in
                                                                                                              a computer or
                                                                                                              communications
                                                                                                              system or network
                                                                                                              against a computer
                                                                                                              or communications
                                                                                                              system or network;
                                                                                                              j) Cybersex or Virtual
                                                                                                              Sex - refers to any
                                                                                                              form of sexual
                                                                                                              activity or arousal
                                                                                                              with the aid of
                                                                                                              computers or
                                                                                                              communications
                                                                                                              network;
                                                                                                              k) Damage - in the
                                                                                                              general sense, refers
                                                                                                              to damage or injury
                                                                                                              as defined under the
                                                                                                              applicable laws,
                                                                                                              including, but not
                                                                                                              limited to, the
                                                                                                              relevant provision of
                                                                                                              the Civil Code of the
                                                                                                              Philippines. In the
                                                                                                              limited sense, it
                                                                                                              means any
                                                                                                              impairment to the
                                                                                                              integrity or
                                                                                                              availability of a
                                                                                                              computer data,
                                                                                                              program, system
                                                                                                              information, or
                                                                                                              network;
With respect to
                                                                                                                                                      computer data or
                                                                                                                                                      programs as used in
                                                                                                                                                      this Act, the words
                                                                                                                                                      "damaging" and
                                                                                                                                                      "deteriorating" are
                                                                                                                                                      synonymous;
h) Database             (h) Database            h) Database              H.Database              H.Database             No provision   No provision   1) Database - refers
- refers to a            refers to a            refers to a             refers to a             refers to a                                           to a representation
representation of       representation of       representation of       representation of       representation of                                     of information,
information,            information,            information,            information,            information,                                          knowledge, facts,
knowledge, facts,       knowledge facts,        knowledge, facts,       knowledge, facts,       knowledge, facts,                                     concepts, or
concepts, or            concepts or             concepts or             concepts or             concepts or                                           instructions which
instructions which      instructions which      instructions which      instructions which      instructions which                                    are being prepared
are being prepared,     are being prepared,     are being prepared,     are being prepared,     are being prepared,                                   or processed or have
processed or stored     processed or stored     processed or stored     processed or stored     processed or stored                                   been prepared or
or have been            or have been            or have been            or have been            or have been                                          processed in a
prepared, processed     prepared, processed     prepared, processed     prepared, processed     prepared, processed                                   formalized manner
or stored in a          or stored in an         or stored in an         or stored in an         or stored in an                                       and which are
formalized manner       organized manner        organized manner        organized manner        organized manner                                      intended for use in a
and which are           and which are           and which are           and which are           and which are                                         computer, computer
intended for use in a   intended for use in a   intended for use in a   intended for use in a   intended for use in a                                 and communications
computer system;        computer system.        computer system         computer system.        computer system.                                      network, computer
                                                                                                                                                      server, or database;
                                                                                                                                                      m) Deletion - refers
                                                                                                                                                      to the destruction or
                                                                                                                                                      impairment of
                                                                                                                                                      information or data
                                                                                                                                                      contained in a
                                                                                                                                                      computer or
                                                                                                                                                      computer and
                                                                                                                                                      communications
                                                                                                                                                      network by making
                                                                                                                                                      them unrecognizable
                                                                                                                                                      or by totally or
                                                                                                                                                      partially obliterating
                                                                                                                                                      the information or
                                                                                                                                                      data from the
                                                                                                                                                      computer or
                                                                                                                                                      computer network;
                                                                                                                                                      n) Distribution -
                                                                                                                                                      refers to the active
                                                                                                                                                      dissemination of
data, information or
                                                                                                                                                      material using the
                                                                                                                                                      computer and/or
                                                                                                                                                      communications
                                                                                                                                                      computer network;
                                                                                                                                                      o) Electronic Data
                                                                                                                                                      Message - refers to
                                                                                                                                                      information
                                                                                                                                                      generated, sent,
                                                                                                                                                      received, or stored
                                                                                                                                                      by electronic,
                                                                                                                                                      optical, or similar
                                                                                                                                                      means;
                                                                                                                                                      p) Electronic
                                                                                                                                                      Document - refers to
                                                                                                                                                      the information or
                                                                                                                                                      the representation
                                                                                                                                                      of information, data,
                                                                                                                                                      figures, symbols, or
                                                                                                                                                      other modes or
                                                                                                                                                      written expression,
                                                                                                                                                      described or
                                                                                                                                                      however
                                                                                                                                                      represented, by
                                                                                                                                                      which a right is
                                                                                                                                                      established or an
                                                                                                                                                      obligation
                                                                                                                                                      extinguished, or by
                                                                                                                                                      which a fact may be
                                                                                                                                                      proved and affirmed,
                                                                                                                                                      which is received,
                                                                                                                                                      recorded,
                                                                                                                                                      transmitted, stored,
                                                                                                                                                      processed, retrieved,
                                                                                                                                                      or produced in and
                                                                                                                                                      through computer
                                                                                                                                                      and/or computer
                                                                                                                                                      and communications
                                                                                                                                                      networks;
i) Interception         i) Interception            i) Interception        I .Interception        I .Interception        No provision   No provision   q) Interception -
- refers to listening    refers to listening to,    refers to listening    refers to listening    refers to listening                                 refers to listening to,
to, recording,          recording,                 to, recording,         to, recording,         to, recording,                                       recording,
monitoring or           monitoring or              monitoring or          monitoring or          monitoring or                                        monitoring or
surveillance of the      surveillance of the     surveillance of the     surveillance of the     surveillance of the                                   surveillance of the
content of               content of              content of              content of              content of                                            content of
communications,          communications,         communications,         communications,         communications,                                       communications,
including procuring      including               including               including               including                                             including producing
of the content of        procurement of the      procurement of the      procurement of the      procurement of the                                    of the content of
data, either directly,   content of data,        content of data,        content of data,        content of data,                                      data, either directly,
through access and       either directly,        either directly,        either directly,        either directly,                                      through access and
use of a computer        through access and      through access and      through access and      through access and                                    use of the computer
system or indirectly,    use of a computer       use of a computer       use of a computer       use of a computer                                     or computer and
through the use of       system or indirectly,   system or indirectly,   system or indirectly,   system or indirectly,                                 communications
electronic               through the use of      through the use of      through the use of      through the use of                                    network or
eavesdropping or         electronic              electronic              electronic              electronic                                            indirectly, through
tapping devices, at      eavesdropping or        eavesdropping or        eavesdropping or        eavesdropping or                                      the use of electronic
the same time that       tapping devices, at     tapping devices, at     tapping devices, at     tapping devices, at                                   eavesdropping or
the communication        the same time that      the same time that      the same time that      the same time that                                    tapping devices, at
is occurring;            the communication       the communication       the communication       the communication                                     the same time that
                         is occurring.           is occurring.           is occurring            is occurring                                          the communication
                                                                                                                                                       is occurring;
No provision             No provision            No provision            No provision            No provision            No provision   No provision   r) Making available -
                                                                                                                                                       refers to the placing
                                                                                                                                                       of internet or online
                                                                                                                                                       devices, including
                                                                                                                                                       but not limited to,
                                                                                                                                                       the creation or
                                                                                                                                                       compilation of
                                                                                                                                                       hyperlinks in order
                                                                                                                                                       to facilitate access to
                                                                                                                                                       such devices, for the
                                                                                                                                                       use of others;
No provision             No provision            No provision            No provision            No provision            No provision   No provision   s) Minor - refers to a
                                                                                                                                                       person below
                                                                                                                                                       eighteen (18) years
                                                                                                                                                       of age or those
                                                                                                                                                       beyond eighteen
                                                                                                                                                       (18) years of age but
                                                                                                                                                       whose mental
                                                                                                                                                       capacity is that of a
                                                                                                                                                       person below
                                                                                                                                                       eighteen (18) years
                                                                                                                                                       of age;
No provision             No provision            No provision            No provision            No provision            No provision   No provision   t) Non-Public
                                                                                                                                                       Transmission - refers
                                                                                                                                                       to the transmission
of information or
                                                                                                         computer data
                                                                                                         between computer
                                                                                                         or computer and
                                                                                                         communications
                                                                                                         networks that are
                                                                                                         not configured for
                                                                                                         public access;
No provision   No provision   No provision   No provision   No provision   No provision   No provision   u) Procuring Data or
                                                                                                         Material - refers to
                                                                                                         the act of actively
                                                                                                         obtaining data,
                                                                                                         information or
                                                                                                         material by
                                                                                                         downloading the
                                                                                                         same from a
                                                                                                         computer or
                                                                                                         computer and
                                                                                                         communications
                                                                                                         network;
No provision   No provision   No provision   No provision   No provision   No provision   No provision   v) Protected
                                                                                                         Computers - refer to
                                                                                                         any computer
                                                                                                         exclusively for the
                                                                                                         use of a financial
                                                                                                         institution or the
                                                                                                         government, or in
                                                                                                         the case of a
                                                                                                         computer not
                                                                                                         exclusively for use,
                                                                                                         used by or for a
                                                                                                         financial institution
                                                                                                         or the government,
                                                                                                         and the conduct
                                                                                                         constituting the
                                                                                                         offenses affects that
                                                                                                         use by or for the
                                                                                                         financial institution
                                                                                                         or the government;
No provision   No provision   No provision   No provision   No provision   No provision   No provision   w) Protected Works -
                                                                                                         refer to works,
                                                                                                         including but not
                                                                                                         limited to computer
programs, systems,
                                                                                                                                                                and design,
                                                                                                                                                                protected under
                                                                                                                                                                applicable Philippine
                                                                                                                                                                laws;
No provision              (j) Phishing              j) Phishing               J. Phishing               J. Phishing               No provision   No provision   No Provision
                           refers to the act of      refers to the act of      refers to the act of       refers to the act of
                          securing personal         securing personal         securing personal          securing personal
                          information such as       information such as       information such as        information such as
                          username,                 username,                 username,                  username,
                          password, bank            password, bank            password, bank             password, bank
                          account numbers           account numbers           account numbers            account numbers
                          and credit card           and credit card           and credit card            and credit card
                          details for the           details for the           details for the            details for the
                          purpose of using it in    purpose of using it in    purpose of using it in     purpose of using it
                          fraud, or for             fraud, or for             fraud, or for              in fraud, or for
                          participating in          participating in          participating in           participating in
                          fraudulent business       fraudulent business       fraudulent business        fraudulent business
                          practices, or for the     practices, or for the     practices, or for the      practices, or for the
                          purpose of identity       purpose of identity       purpose of identity        purpose of identity
                          theft and                 theft and                 theft and                  theft and
                          misrepresentation         misrepresentation.        misrepresentation.         misrepresentation.
j) Service Provider -     (k) Service provider      (k) Service provider      K. Service provider       K. Service provider       No provision   No provision   x) Service Provider -
refers to:                 refers to: (1) any       refers to: (1) any        refers to: (1) any        refers to: (1) any                                      refers to the
                          public or private         public or private         public or private         public or private                                       provider of:
        i. any public     entity that provides      entity that provides      entity that provides      entity that provides
or private entity that    to users of its service   to users of its service   to users of its service   to users of its service                                 i.
provides to users of      the ability to            the ability to            the ability to            the ability to                                          telecommunication
its service the ability   communicate by            communicate by            communicate by            communicate by                                          s and internet or
to communicate by         means of a                means of a                means of a                means of a                                              online services or
means of a                computer system; or       computer system; or       computer system; or       computer system; or                                     network access, or
computer system,          (2) any other entity      (2) any other entity      (2) any other entity      (2) any other entity                                    the operator of
and                       that processes or         that processes or         that processes or         that processes or                                       communications
          ii. any other   stores computer           stores computer           stores computer           stores computer                                         and network
entity that processes     data on behalf of         data on behalf of         data on behalf of         data on behalf of                                       facilities therefor,
or stores computer        such communication        such communication        such communication        such communication                                      including entities
data on behalf of         service or users of       service or users of       service or users of       service or users of                                     offering the
such communication        such service.             such service.             such service.             such service.                                           transmission,
service or users of                                                                                                                                             routing, or
such service;                                                                                                                                                   providing of
                                                                                                                                                                connections for
                                                                                                                                                                internet or online
                                                                                                                                                                communications,
digital or otherwise,
                                                                                                                                                         between or among
                                                                                                                                                         points specified by
                                                                                                                                                         a user, of electronic
                                                                                                                                                         documents of the
                                                                                                                                                         user's choosing; or

                                                                                                                                                        ii.       any other
                                                                                                                                                        entity that processes
                                                                                                                                                        or stores information
                                                                                                                                                        on behalf of such
                                                                                                                                                        communication
                                                                                                                                                        service or users of
                                                                                                                                                        such service;
k) Subscriber's        (l) Subscriber’s         (l) Subscriber’s         L. Subscriber’s          L. Subscriber’s         NO PROVISION   NO PROVISION   y) Subscriber's
Information - refers   information refers to    information refers to    information refers to    information refers to                                 Information - refers
to any information     any information          any information          any information          any information                                       to any information
contained in the       contained in the         contained in the         contained in the         contained in the                                      contained in the
form of computer       form of computer         form of computer         form of computer         form of computer                                      form of computer
data or any other      data or any other        data or any other        data or any other        data or any other                                     data or any other
form that is held by   form that is held by     form that is held by     form that is held by     form that is held by                                  form that is held by
a service provider,    a service provider,      a service provider,      a service provider,      a service provider,                                   a service provider,
relating to            relating to              relating to              relating to              relating to                                           relating to the
subscribers of its     subscribers of its       subscribers of its       subscribers of its       subscribers of its                                    subscribers of its
services other than    services other than      services other than      services other than      services other than                                   services other than
traffic or content     traffic or content       traffic or content       traffic or content       traffic or content                                    traffic or content
data and by which      data and by which        data and by which        data and by which        data and by which                                     data and by which
can be established;    can be established:      can be established:      can be established:      can be established:                                   can be established:
                                                                         (1) the type of           (1) the type of
  i. The type of                                                         communication            communication                                         i.       the type of
communication                                                            service used, the        service used, the                                     communication
service used, the                                                        technical provisions     technical provisions                                  service used, the
technical provisions                             (1) the type of         taken thereto and        taken thereto and                                     technical provisions
taken thereto and      (1) the type of          communication            the period of service;   the period of                                         taken thereto and
the period of          communication            service used, the        (2) the subscriber’s     service;                                              the period of service.
service;               service used, the        technical provisions     identity, postal or      (2) the subscriber’s
                       technical provisions     taken thereto and        geographic address,      identity, postal or                                   ii.      the
ii. The subscriber's   taken thereto and        the period of service;   telephone and other      geographic address,                                   subscriber's identity,
identity, postal or    the period of service;                            access number, any       telephone and other                                   postal or geographic
geographic address,                                                      assigned network         access number, any                                    address, telephone
telephone and other                                                      address, billing and     assigned network                                      and other access
access number, any      (2) the subscriber’s    (2) the subscriber’s     payment                  address, billing and                                  number, any
assigned network       identity, postal or      identity, postal or      information,             payment                                               assigned network
address, billing and   geographic address,    geographic address,    available on the       information,                                         address, billing and
payment                telephone and other    telephone and other    basis of the service   available on the                                     payment
information,           access                 access number, any     agreement or           basis of the service                                 information,
available on the       number, any            assigned network       arrangement; or (3)    agreement or                                         available on the basis
basis of the service   assigned network       address, billing and   any other available    arrangement; or                                      of the service
agreement or           address, billing and   payment                information on the     (3) any other                                        agreement or
arrangement;           payment                information,           site of the            available                                            arrangement;
                       information,           available on the       installation of        information on the
iii. Any other         available on the       basis of the service   communication          site of the
available              basis of the service   agreement or           equipment, available   installation of
information on the     agreement or           arrangement; or        on the basis of the    communication
site of the            arrangement; or                               service agreement or   equipment, available
installation of                                                      arrangement.           on the basis of the
communication                                                                               service agreement or
equipment, available                          (3) any other                                 arrangement.
on the basis of the     (3) any other         available
service agreement or   available              information on the
arrangement.           information on the     site of the
                       site of the            installation of
                       installation of        communication
                       communication          equipment, available
                       equipment, available   on the basis of the
                       on the basis of the    service agreement or
                       service agreement or   arrangement.
                       arrangement.
No provision           No provision           No provision           No provision           No provision           No provision   No provision   z) Suppression of
                                                                                                                                                 Computer Data -
                                                                                                                                                 refers to any action
                                                                                                                                                 that prevents or
                                                                                                                                                 terminates the
                                                                                                                                                 availability of the
                                                                                                                                                 data to the person
                                                                                                                                                 who has access to
                                                                                                                                                 the computer or
                                                                                                                                                 computer and
                                                                                                                                                 communications
                                                                                                                                                 network on which it
                                                                                                                                                 was stored;
No provision           No provision           No provision           No provision           No provision           No provision   No provision   aa) By Technical
                                                                                                                                                 Means - refers to the
                                                                                                                                                 use of technical
                                                                                                                                                 devices which are
                                                                                                                                                 fixed to transmission
lines, as well as
                                                                                                                                                                   devices such as
                                                                                                                                                                   software, passwords,
                                                                                                                                                                   and codes to collect
                                                                                                                                                                   and/or record
                                                                                                                                                                   wireless
                                                                                                                                                                   communications or
                                                                                                                                                                   those
                                                                                                                                                                   communications
                                                                                                                                                                   passing through, or
                                                                                                                                                                   generated by
                                                                                                                                                                   computer or
                                                                                                                                                                   computer and
                                                                                                                                                                   communications
                                                                                                                                                                   networks;
1) Traffic Data or     (m) Traffic data or      (m) Traffic data or      M. Traffic data or       M. Traffic data or       NO PROVISION   NO PROVISION             bb) Traffic Data or
Non-Content Data -     non-content data         non-content data         non-content data         non-content data                                                 Non-Content Data -
refers to any          refers to any            refers to any            refers to any            refers to any                                                    refers to any
computer data other    computer data other      computer data other      computer data other      computer data other                                              computer data other
than the content of    than the content of      than the content of      than the content of      than the content of                                              than the content of
the communication,     the communication        the communication        the communication        the communication                                                the communication,
including but not      including, but not       including, but not       including, but not       including, but not                                               including but not
limited to the         limited to, the          limited to, the          limited to, the          limited to, the                                                  limited to the
communication's        communication’s          communication’s          communication’s          communication’s                                                  communication's
origin, destination,   origin, destination,     origin, destination,     origin, destination,     origin, destination,                                             origin, destination,
route, time, date,     route, time, date,       route, time, date,       route, time, date,       route, time, date,                                               route, time, date,
size, duration, or     size, duration or type   size, duration or type   size, duration or type   size, duration or type                                           size, duration, or
type of underlying     of underlying            of underlying            of underlying service    of underlying service                                            type of underlying
service.               service.                 service.                                                                                                           service, among
                                                                                                                                                                   others
No Provision           No Provision             No Provision             No Provision             No Provision             No Provision   SEC 4. Prohibited        No Provision
                                                                                                                                          Activities. – It shall
                                                                                                                                          be unlawful:
                                                                                                                                          A.        to use and
                                                                                                                                          operate a computer
                                                                                                                                          or computer
                                                                                                                                          network primarily to
                                                                                                                                          facilitate criminal
                                                                                                                                          activity or primarily
                                                                                                                                          to commit activities
                                                                                                                                          prohibited under the
                                                                                                                                          Revised Penal Code
                                                                                                                                          and other special
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills
Matrix of Different Cybercrime Bills

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Matrix of Different Cybercrime Bills

  • 1. MATRIX ON CYBERCRIME HB No. 85 HB No. 167 HB No. 364 HB No. 383 HB No. 511 HB No. 1444 HB No. 2279 HB No. 3376 (Rep. Susan Yap) (Rep. Eric Owen G. (Rep. Marcelino (Rep. Gloria (Rep. Juan Edgardo (Rep. Carmelo (Rep. Rufus (Rep. Michael Singson, Jr.) Reyes Teodoro) Macapagal-Arroyo) “Sonny” Angara) Feliciano Lazatin) Rodriguez Bautista) Mariano Velarde Jr.) “AN ACT DEFINING AN ACT DEFINING AN ACT DEFINING AN ACT DEFINING AN ACT AN ACT AN ACT PENALIZING AN ACT DEFINING CYBERCRIME, CYBERCRIME, CYBERCRIME, CYBERCRIME, DEFINING PROHIBITING THE USE OF CYBERCRIME, PROVIDING FOR THE PROVIDING FOR PROVIDING FOR PROVIDING FOR CYBERCRIME, CYBERSEX AND COMPUTERS TO PROVIDING FOR PREVENTION, PREVENTION, PREVENTION, PREVENTION, PROVIDING FOR PROVIDING COMMIT, PREVENTION, INVESTIGATION AND SUPPRESSION AND SUPPRESSION AND SUPPRESSION AND PREVENTION, PENALTIES FOR THE FACILITATE OR SUPPRESSION AND IMPOSITION OF IMPOSITION OF IMPOSITION OF IMPOSITION OF SUPPRESSION AND VIOLATION THEREOF CONCEAL THE IMPOSITION OF PENALTIES PENALTIES PENALTIES PENALTIES IMPOSITION OF AND FOR OTHER COMMISSION OF A PENALTIES THEREFOR AND FOR THEREFOR THEREFOR AND FOR THEREFOR AND FOR PENALTIES PURPOSES CRIME THEREFOR AND FOR OTHER PURPOSES AND FOR OTHER OTHER PURPOSES OTHER PURPOSES THEREFOR OTHER PURPOSES PURPOSES AND FOR OTHER PURPOSES SECTION 1. Title. This SECTION 1. Title. – SECTION 1. Title. – SECTION 1. Title- SECTION 1. Title. SECTION 1. Title. – SEC. 1. Short Title. - SECTION 1. Title. - Act shall be known as This Act shall be This Act shall be This Act shall be This Act shall be This Act shall be This Act shall be cited This Act shall be the "Cybercrime known as the known as the known as the known as the known as the “Anti- as the “Computer known as the Prevention Act of “Cybercrime “Cybercrime “Cybercrime “Cybercrime Cybersex Act”. Crimes Act”. "Cybercrime 2010". Prevention Act of Prevention Act of Prevention Act of Prevention Act of Prevention Act of 2009”. 2010”. 2010.” 2010.” 2010". SECTION 2. SEC. 2. Declaration SEC. 2. Declaration SEC.2. Declaration of SEC. 2. Declaration SECTION 2. SEC. 2. Declaration SEC. 2. Declaration of Declaration of Policy. of Policy. – of Policy. – Policy- of Policy. Declaration of Policy. of Policy. – Policy. – – – It is the policy of the It is the declared The State recognizes The State recognizes The State recognizes The State recognizes It is the declared The State recognizes State to prevent the policy of the State to the increasingly vital the increasingly vital the increasingly vital the increasingly vital policy of the State to the vital role of use of computers in uphold the morality role of information role of information role of information role of information uphold the morality information and committing acts of the society and communications and communications and communications and communications of the society content industries, penalized under the particularly the technology (ICT) as technology (ICT) as technology (ICT) as technology (ICT) as particularly the such as Revised Penal Code women and the an enables of key an enabler of key an enabler of key an enabler of key women and the telecommunications, and other special youth, against industries such as, industries such as, industries such as, industries such as, youth, against broadcasting, laws. immoral and banking, banking, banking, banking, immoral and electronic obscene acts broadcasting, broadcasting, broadcasting, broadcasting, obscene acts commerce, and data through the use of business process business process business process business process through the use of processing, in the the cyberspace by outsourcing, outsourcing, outsourcing, outsourcing, the cyberspace by nation's overall social prohibiting the electronic commerce electronic commerce electronic commerce electronic commerce prohibiting the and economic operation of and and and and operation of development. The cybersex in the telecommunications, telecommunications, telecommunications, telecommunications, cybersex in the State also recognizes Philippines. and as a driving and as a driving and as a driving and as a driving Philippines. the importance of force for the nation’s force for the nation’s force for the nation’s force for the nation’s providing an overall social and overall social and overall social and overall social and environment
  • 2. economic economic economic economic conducive to the development. The development. The development. The development. The development, State also recognizes State also recognizes State also recognizes State also recognizes acceleration, and the importance of the importance of the importance of the importance of rational application providing an providing an providing an providing an and exploitation of environment environment environment environment information and conducive to the conducive to the conducive to the conducive to the communications development, development, development, development, technology to attain acceleration and acceleration and acceleration and acceleration and free, easy, and application of ICT to application of ICT to application of ICT to application of ICT to intelligible access to attain free, easy and attain free, easy and attain free, easy and attain free, easy and exchange and/ or intelligible access to intelligible access to intelligible access to intelligible access to delivery of exchange and/or exchange and/or exchange and/or exchange and/or information; and the delivery of delivery of delivery of delivery of need to protect and information; and the information; and the information; and the information; and the safeguard the need to protect and need to protect and need to protect and need to protect and integrity of safeguard the safeguard the safeguard the safeguard the computer, computer integrity of integrity of integrity of integrity of and communication computer and computer and computer and computer and systems, networks, communications communications communications communications and databases, and systems, networks systems, networks systems, networks systems, networks the confidentiality, and database, and and database, and and database, and and database, and integrity, and the confidentiality, the confidentiality, the confidentiality, the confidentiality, availability of integrity and integrity and integrity and integrity and information and data availability of availability of availability of availability of stored therein, from information and information and information and information and all forms of misuse, data stored therein, data stored therein, data stored therein, data stored therein, abuse, and illegal from all forms of from all forms of from all forms of from all forms of access by making misuse, abuse and misuse, abuse and misuse, abuse and misuse, abuse and punishable under the illegal access by illegal access by illegal access by illegal access by law such conduct or making such conduct making such conduct making such conduct making such conduct conducts. In this punishable under punishable under punishable under punishable under light, the State shall the law. In this light, the law. In this light, the law. In this light, the law. In this light, adopt sufficient the State shall the State shall adopt the State shall adopt the State shall adopt powers to effectively adopt sufficient sufficient powers to sufficient powers to sufficient powers to prevent and combat powers to effectively effectively prevent effectively prevent effectively prevent such offenses by prevent and combat and combat such and combat such and combat such facilitating their such offenses by offenses by offenses by offenses by detection, facilitating their facilitating their facilitating their facilitating their investigation, and detection, detection, detection, detection, prosecution at both investigation and investigation and investigation and investigation and the domestic and prosecution at both prosecution at both prosecution at both prosecution at both international levels the domestic and the domestic and the domestic and the domestic and and by providing
  • 3. international levels, international levels, international levels, international levels, arrangements for and by providing and by providing and by providing and by providing fast and reliable arrangements for arrangements for arrangements for arrangements for international fast and reliable fast and reliable fast and reliable fast and reliable cooperation. international international international international cooperation. cooperation. cooperation. cooperation. No Provision No Provision No Provision No Provision No Provision SECTION 4. No Provision No Provision Enforcement of the Act. – Towards this end, this act shall prohibit the operation of cybersex in the country, provide corresponding penalties for violators and ensure the welfare sexworkers particularly the minors. SEC. 3. Definition of SEC.3 Definition of SEC. 5. Definition of SEC. 3. Definition of SEC. 3. Definition of SECTION 5. SEC. 3. Definition of SEC. 3. Definition of Terms. For purposes Terms. – For term- As used in this Terms. For Terms. For Definition of term- Terms. – As used in Terms. - For of this Act, the purposes of this Act, Act, Cybersex shall purposes of this Act, purposes of this Act, As used in this Act, this Act, the term: purposes of this Act, following terms are the following terms mean “any form of the following terms the following terms Cybersex shall mean the following terms hereby defined as are hereby defined interactive are hereby defined are hereby defined “any form of are hereby defined follows: as follows: prostitution and as follows: as follows: interactive as follows: other forms of prostitution and obscenity through other forms of the cyberspace as obscenity through the primary the cyberspace as channel”. the primary channel”. a) Access - refers to (a) Access refers to a) Access refers to A.Access refers to A.Access refers to No provision No provision a) Access - refers to the instruction, the instruction, the instruction, the instruction, the instruction, the instruction, communication communication with, communication with, communication with, communication communication with, with, storing data storage of data in, storage of data in, storage of data in, with, storage of data storing data in, in, retrieving data retrieval of data retrieval of data retrieval of data in, retrieval of data retrieving data from, from, or otherwise from, or otherwise from, or otherwise from, or otherwise from, or otherwise or otherwise making making use of any making use of any making use of any making use of any making use of any use of any resources resources of a resource of a resource of a resource of a resource of a of a computer,
  • 4. computer system computer system. computer system. computer system. computer system. computer and or communication communications network; network, or database; b) Alteration - refers (b) Alteration refers b) Alteration refers B.Alteration refers to B.Alteration refers to No provision No provision b) Alteration - refers to the modification to the modification to the modification the modification or the modification or to the modification or change, in form or or change, in form or or change, in form or change, in form or change, in form or or change, in form or substance, of an substance, of an substance, of an substance, of an substance, of an substance, of an existing computer existing computer existing computer existing computer existing computer existing computer data or program; data or program. data or program. data or program. data or program. data or program; c) Communication - (c) Communication (c) Communication C. Communication C. Communication No provision No provision c) Communication - refers to the refers to the refers to the refers to the refers to the refers to the transmission of transmission of transmission of transmission of transmission of transmission of information information, information, information, information, information, including voice and including voice and including voice and including voice and including voice and including voice and non-voice data; non-voice data. non-voice data. non-voice data non-voice data non-voice data; d) Computer system d) Computer system (d) Computer system D.Computer system D.Computer system No Provision A.“Computer” shall d) Computer - refers – means any device – means any device refers to any device refers to any device refers to any device refer to an electronic to any device or or a group of or a group of or group of or group of or group of machine that apparatus which by interconnected or interconnected or interconnected or interconnected or interconnected or performs electronic, electro- related devices, one related devices, one related devices, one related devices, one related devices, one mathematical or mechanical or or more of which, or more of which, or more of which, or more of which, or more of which, logical calculations magnetic impulse, or pursuant to a pursuant to a pursuant to a pursuant to a pursuant to a or that assembles, by other means, is program, performs program, performs program, performs program, performs program, performs stores, correlates, or capable of receiving, automatic automatic automated automated automated otherwise processes recording, processing of data. processing of data. processing of data. It processing of data. It processing of data. It and prints transmitting, storing, It covers any type of It covers any type of covers any type of covers any type of covers any type of information derived processing, computer device computer device device with data device with data device with data from coded data in retrieving, or including devices including devices processing processing processing accordance with a producing with data processing with data processing capabilities capabilities capabilities predetermined information, data, capabilities like capabilities like including, but not including, but not including, but not program and shall figures, symbols, or mobile phones and mobile phones and limited to, limited to, limited to, include word other modes of also computer also computer computers and computers and computers and processors, laptop expression according networks. The networks. The mobile phones. The mobile phones. The mobile phones. The computers, to mathematical and device consisting of device consisting of device consisting of device consisting of device consisting of mainframes or logical rules of hardware and hardware and hardware and hardware and hardware and personal computers. performing any one software may software may software may software may software may or more of those include input, output include input, output include input, output include input, output include input, output functions, including and storage facilities and storage facilities and storage and storage and storage its associated which may stand which may stand components which components which components which devices and alone or be alone or be may stand alone or may stand alone or may stand alone or peripherals; connected in a connected in a be connected in a be connected in a be connected in a network or other network or other network or other network or other network or other
  • 5. similar devices. It similar devices. It similar devices. It similar devices. It similar devices. It also includes also includes also includes also includes also includes computer-data computer-data computer data computer data computer data storage devices or storage devices or storage devices or storage devices or storage devices or medium. medium. media. media. media. e) Computer Data - (e) Computer data (e) Computer data E.Computer data E.Computer data No provision No provision e) Computer Data - refers to any refers to any refers to any refers to any refers to any refers to any representation of representation of representation of representation of representation of representation of facts, information, or facts, information or facts, information or facts, information or facts, information or facts, information, or concepts in a form concepts in a form concepts in a form concepts in a form concepts in a form concepts in a form suitable for suitable for suitable for suitable for suitable for suitable for processing in a processing in a processing in a processing in a processing in a processing in a computer system computer system, computer system, computer system, computer system, computer system, including a program including any including any including any including any including a program suitable to cause a program capable of program capable of program capable of program capable of suitable to cause a computer system to causing a computer causing a computer causing a computer causing a computer computer system to perform a function system to perform a system to perform a system to perform a system to perform a perform a function and includes function, as well as function, as well as function, as well as function, as well as electronic electronic electronic electronic electronic documents and/or documents or documents or documents or documents or electronic data electronic data electronic data electronic data electronic data messages messages. messages. messages. messages. No Provision No Provision No Provision No Provision No Provision No Provision No Provision f) Computers and Communications Network or Networks - refer to: i. a group of computers, associated devices, and/or its peripherals that are connected either permanently or temporarily, wired or wireless, by transmission and/or communications facilities which facilitate and/or provide the means of sending,
  • 6. communicating, processing and/or transmitting voice and/or non-voice data and/or information electronically; or ii. a group of interconnected or related devices, including, but not limited to, a group of interconnected computers, private exchange branch (PBX) wired or wireless, telecommunications switching equipment, one or more of which, pursuant to a program, perform automatic processing of data; f) Computer f) Computer program (f) Computer F. Computer F. Computer No provision No provision g) Computer Program - refers to a refers to a set of program refers to a program refers to a program refers to a Program - refers to a set of instructions instructions set of instructions set of instructions set of instructions set of instructions executed by the executed by the executed by the executed by the executed by the executed by the computer; computer to achieve computer to achieve computer to achieve computer to achieve computer to achieve intended results. intended intended results. intended results. intended results; g) Conduct Without (g) Conduct without g) Conduct without G.Conduct without G.Conduct without No provision No provision h) Conduct Without Right right right right right Right - refers to - refers to. either: (1) refers to either: (1) refers to either: (1) refers to either: (1) refers to either: (1) either: (I) conduct conduct undertaken conduct undertaken conduct undertaken conduct undertaken conduct undertaken undertaken without without or in excess without or in excess without or in excess without or in excess without or in excess or in excess of of authority; or (ii) of authority; or (2) of authority; or (2) of authority; or (2) of authority; or (2) authority; or (2) conduct not covered conduct not covered conduct not covered conduct not covered conduct not conduct not covered by established legal by established legal by established legal by established legal covered by by established legal defenses, excuses, defenses, excuses, defenses, excuses, defenses, excuses, established legal defenses, excuses, court orders, court orders, court orders, court orders, defenses, excuses, court orders, justifications, or justifications or justifications or justifications or court orders, justifications, or
  • 7. relevant principles relevant principles relevant principles relevant principles justifications or relevant principles under the law; under the law. under the law. under the law. relevant principles under the law; under the law. i) Cybercrime - refers to any offense that can be committed by using a computer or communications system or network in a computer or communications system or network against a computer or communications system or network; j) Cybersex or Virtual Sex - refers to any form of sexual activity or arousal with the aid of computers or communications network; k) Damage - in the general sense, refers to damage or injury as defined under the applicable laws, including, but not limited to, the relevant provision of the Civil Code of the Philippines. In the limited sense, it means any impairment to the integrity or availability of a computer data, program, system information, or network;
  • 8. With respect to computer data or programs as used in this Act, the words "damaging" and "deteriorating" are synonymous; h) Database (h) Database h) Database H.Database H.Database No provision No provision 1) Database - refers - refers to a refers to a refers to a refers to a refers to a to a representation representation of representation of representation of representation of representation of of information, information, information, information, information, information, knowledge, facts, knowledge, facts, knowledge facts, knowledge, facts, knowledge, facts, knowledge, facts, concepts, or concepts, or concepts or concepts or concepts or concepts or instructions which instructions which instructions which instructions which instructions which instructions which are being prepared are being prepared, are being prepared, are being prepared, are being prepared, are being prepared, or processed or have processed or stored processed or stored processed or stored processed or stored processed or stored been prepared or or have been or have been or have been or have been or have been processed in a prepared, processed prepared, processed prepared, processed prepared, processed prepared, processed formalized manner or stored in a or stored in an or stored in an or stored in an or stored in an and which are formalized manner organized manner organized manner organized manner organized manner intended for use in a and which are and which are and which are and which are and which are computer, computer intended for use in a intended for use in a intended for use in a intended for use in a intended for use in a and communications computer system; computer system. computer system computer system. computer system. network, computer server, or database; m) Deletion - refers to the destruction or impairment of information or data contained in a computer or computer and communications network by making them unrecognizable or by totally or partially obliterating the information or data from the computer or computer network; n) Distribution - refers to the active dissemination of
  • 9. data, information or material using the computer and/or communications computer network; o) Electronic Data Message - refers to information generated, sent, received, or stored by electronic, optical, or similar means; p) Electronic Document - refers to the information or the representation of information, data, figures, symbols, or other modes or written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved, or produced in and through computer and/or computer and communications networks; i) Interception i) Interception i) Interception I .Interception I .Interception No provision No provision q) Interception - - refers to listening refers to listening to, refers to listening refers to listening refers to listening refers to listening to, to, recording, recording, to, recording, to, recording, to, recording, recording, monitoring or monitoring or monitoring or monitoring or monitoring or monitoring or
  • 10. surveillance of the surveillance of the surveillance of the surveillance of the surveillance of the surveillance of the content of content of content of content of content of content of communications, communications, communications, communications, communications, communications, including procuring including including including including including producing of the content of procurement of the procurement of the procurement of the procurement of the of the content of data, either directly, content of data, content of data, content of data, content of data, data, either directly, through access and either directly, either directly, either directly, either directly, through access and use of a computer through access and through access and through access and through access and use of the computer system or indirectly, use of a computer use of a computer use of a computer use of a computer or computer and through the use of system or indirectly, system or indirectly, system or indirectly, system or indirectly, communications electronic through the use of through the use of through the use of through the use of network or eavesdropping or electronic electronic electronic electronic indirectly, through tapping devices, at eavesdropping or eavesdropping or eavesdropping or eavesdropping or the use of electronic the same time that tapping devices, at tapping devices, at tapping devices, at tapping devices, at eavesdropping or the communication the same time that the same time that the same time that the same time that tapping devices, at is occurring; the communication the communication the communication the communication the same time that is occurring. is occurring. is occurring is occurring the communication is occurring; No provision No provision No provision No provision No provision No provision No provision r) Making available - refers to the placing of internet or online devices, including but not limited to, the creation or compilation of hyperlinks in order to facilitate access to such devices, for the use of others; No provision No provision No provision No provision No provision No provision No provision s) Minor - refers to a person below eighteen (18) years of age or those beyond eighteen (18) years of age but whose mental capacity is that of a person below eighteen (18) years of age; No provision No provision No provision No provision No provision No provision No provision t) Non-Public Transmission - refers to the transmission
  • 11. of information or computer data between computer or computer and communications networks that are not configured for public access; No provision No provision No provision No provision No provision No provision No provision u) Procuring Data or Material - refers to the act of actively obtaining data, information or material by downloading the same from a computer or computer and communications network; No provision No provision No provision No provision No provision No provision No provision v) Protected Computers - refer to any computer exclusively for the use of a financial institution or the government, or in the case of a computer not exclusively for use, used by or for a financial institution or the government, and the conduct constituting the offenses affects that use by or for the financial institution or the government; No provision No provision No provision No provision No provision No provision No provision w) Protected Works - refer to works, including but not limited to computer
  • 12. programs, systems, and design, protected under applicable Philippine laws; No provision (j) Phishing j) Phishing J. Phishing J. Phishing No provision No provision No Provision refers to the act of refers to the act of refers to the act of refers to the act of securing personal securing personal securing personal securing personal information such as information such as information such as information such as username, username, username, username, password, bank password, bank password, bank password, bank account numbers account numbers account numbers account numbers and credit card and credit card and credit card and credit card details for the details for the details for the details for the purpose of using it in purpose of using it in purpose of using it in purpose of using it fraud, or for fraud, or for fraud, or for in fraud, or for participating in participating in participating in participating in fraudulent business fraudulent business fraudulent business fraudulent business practices, or for the practices, or for the practices, or for the practices, or for the purpose of identity purpose of identity purpose of identity purpose of identity theft and theft and theft and theft and misrepresentation misrepresentation. misrepresentation. misrepresentation. j) Service Provider - (k) Service provider (k) Service provider K. Service provider K. Service provider No provision No provision x) Service Provider - refers to: refers to: (1) any refers to: (1) any refers to: (1) any refers to: (1) any refers to the public or private public or private public or private public or private provider of: i. any public entity that provides entity that provides entity that provides entity that provides or private entity that to users of its service to users of its service to users of its service to users of its service i. provides to users of the ability to the ability to the ability to the ability to telecommunication its service the ability communicate by communicate by communicate by communicate by s and internet or to communicate by means of a means of a means of a means of a online services or means of a computer system; or computer system; or computer system; or computer system; or network access, or computer system, (2) any other entity (2) any other entity (2) any other entity (2) any other entity the operator of and that processes or that processes or that processes or that processes or communications ii. any other stores computer stores computer stores computer stores computer and network entity that processes data on behalf of data on behalf of data on behalf of data on behalf of facilities therefor, or stores computer such communication such communication such communication such communication including entities data on behalf of service or users of service or users of service or users of service or users of offering the such communication such service. such service. such service. such service. transmission, service or users of routing, or such service; providing of connections for internet or online communications,
  • 13. digital or otherwise, between or among points specified by a user, of electronic documents of the user's choosing; or ii. any other entity that processes or stores information on behalf of such communication service or users of such service; k) Subscriber's (l) Subscriber’s (l) Subscriber’s L. Subscriber’s L. Subscriber’s NO PROVISION NO PROVISION y) Subscriber's Information - refers information refers to information refers to information refers to information refers to Information - refers to any information any information any information any information any information to any information contained in the contained in the contained in the contained in the contained in the contained in the form of computer form of computer form of computer form of computer form of computer form of computer data or any other data or any other data or any other data or any other data or any other data or any other form that is held by form that is held by form that is held by form that is held by form that is held by form that is held by a service provider, a service provider, a service provider, a service provider, a service provider, a service provider, relating to relating to relating to relating to relating to relating to the subscribers of its subscribers of its subscribers of its subscribers of its subscribers of its subscribers of its services other than services other than services other than services other than services other than services other than traffic or content traffic or content traffic or content traffic or content traffic or content traffic or content data and by which data and by which data and by which data and by which data and by which data and by which can be established; can be established: can be established: can be established: can be established: can be established: (1) the type of (1) the type of i. The type of communication communication i. the type of communication service used, the service used, the communication service used, the technical provisions technical provisions service used, the technical provisions (1) the type of taken thereto and taken thereto and technical provisions taken thereto and (1) the type of communication the period of service; the period of taken thereto and the period of communication service used, the (2) the subscriber’s service; the period of service. service; service used, the technical provisions identity, postal or (2) the subscriber’s technical provisions taken thereto and geographic address, identity, postal or ii. the ii. The subscriber's taken thereto and the period of service; telephone and other geographic address, subscriber's identity, identity, postal or the period of service; access number, any telephone and other postal or geographic geographic address, assigned network access number, any address, telephone telephone and other address, billing and assigned network and other access access number, any (2) the subscriber’s (2) the subscriber’s payment address, billing and number, any assigned network identity, postal or identity, postal or information, payment assigned network
  • 14. address, billing and geographic address, geographic address, available on the information, address, billing and payment telephone and other telephone and other basis of the service available on the payment information, access access number, any agreement or basis of the service information, available on the number, any assigned network arrangement; or (3) agreement or available on the basis basis of the service assigned network address, billing and any other available arrangement; or of the service agreement or address, billing and payment information on the (3) any other agreement or arrangement; payment information, site of the available arrangement; information, available on the installation of information on the iii. Any other available on the basis of the service communication site of the available basis of the service agreement or equipment, available installation of information on the agreement or arrangement; or on the basis of the communication site of the arrangement; or service agreement or equipment, available installation of arrangement. on the basis of the communication service agreement or equipment, available (3) any other arrangement. on the basis of the (3) any other available service agreement or available information on the arrangement. information on the site of the site of the installation of installation of communication communication equipment, available equipment, available on the basis of the on the basis of the service agreement or service agreement or arrangement. arrangement. No provision No provision No provision No provision No provision No provision No provision z) Suppression of Computer Data - refers to any action that prevents or terminates the availability of the data to the person who has access to the computer or computer and communications network on which it was stored; No provision No provision No provision No provision No provision No provision No provision aa) By Technical Means - refers to the use of technical devices which are fixed to transmission
  • 15. lines, as well as devices such as software, passwords, and codes to collect and/or record wireless communications or those communications passing through, or generated by computer or computer and communications networks; 1) Traffic Data or (m) Traffic data or (m) Traffic data or M. Traffic data or M. Traffic data or NO PROVISION NO PROVISION bb) Traffic Data or Non-Content Data - non-content data non-content data non-content data non-content data Non-Content Data - refers to any refers to any refers to any refers to any refers to any refers to any computer data other computer data other computer data other computer data other computer data other computer data other than the content of than the content of than the content of than the content of than the content of than the content of the communication, the communication the communication the communication the communication the communication, including but not including, but not including, but not including, but not including, but not including but not limited to the limited to, the limited to, the limited to, the limited to, the limited to the communication's communication’s communication’s communication’s communication’s communication's origin, destination, origin, destination, origin, destination, origin, destination, origin, destination, origin, destination, route, time, date, route, time, date, route, time, date, route, time, date, route, time, date, route, time, date, size, duration, or size, duration or type size, duration or type size, duration or type size, duration or type size, duration, or type of underlying of underlying of underlying of underlying service of underlying service type of underlying service. service. service. service, among others No Provision No Provision No Provision No Provision No Provision No Provision SEC 4. Prohibited No Provision Activities. – It shall be unlawful: A. to use and operate a computer or computer network primarily to facilitate criminal activity or primarily to commit activities prohibited under the Revised Penal Code and other special