News Article Phil Cybercrime Prevention Act

7/28/2019 News Article Phil Cybercrime Prevention Act

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http://asianjournalusa.com/philippine-cybercrime-prevention-act-p12436-114.htm

Philippine Cybercrime Prevention Act

On September 12, 2012, President Benigno Aquino III signed the Cybercrime Prevention Act of

2012 into law. It shall take effect fifteen days after the completion of its publication in the

Official Gazette or in at least two newspapers of general circulation.

Looking at it positively, the law is enacted to encourage an accelerated and rational developmentof the application and exploitation of information and communications technology. It is also

meant to protect and safeguard the integrity of computers, computer and communications

systems, networks, and the confidentiality, integrity, and availability of information and data

stored therein, from all forms of misuse, abuse, and illegal access by making punishable underthe law such conduct or conducts.

The punishable acts enumerated under the law are:

1. Offenses against the confidentiality, integrity, and availability of computer data and systems

such as illegal access; illegal interception; data interference; cyber-squatting; and misuse ofdevices.

2. Computer-related offenses such as computer-related Forgery; and computer-related Fraud;

3. Content-related offenses such as cybersex; child pornography; unsolicited commercial

communications;

4. Libel; and

5. Other offenses such as aiding or abetting in the commission of cybercrime; and attempt in the

commission of cybercrime.

Misuse, abuse, and illegal access are the key words that define the offenses. They should be read,

interpreted, and enforced together with the Bill of Rights that the Constitution provided for its

citizens.
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The Constitution states; No law shall be passed abridging the freedom of speech, of expression,

or of the press, or the right of the people peaceably to assemble and petition the government for

redress of grievances. Section 4, Article III

It should be emphasized that this constitutional provision supersedes any statutory law. While insome cases Libel is a way to check the abuse of the Freedom of Speech or of the Press, the latter

is as strong a protection against abusive use of Libel laws to harass and silence citizens in freely

expressing their views and/or distributing information, data, and knowledge online or offline.

The privacy of communication and correspondence shall be inviolable except upon lawful orderof the court, or when public safety or order requires otherwise as prescribed by law. Section 3,

Article III

The provisions of the Act relating to the offenses should also be read, interpreted, and enforced

together with Section 3, Article III of the Constitution because they also touch on the privacy of

the citizen's communications and contents or libraries stored in his computer/s or electronic

devices and even online through the cloud.

This is especially true when the specific provision under Section 2, Article III of the Constitution

is taken into consideration. This provision states,

The right of the people to be secure in their persons, houses, papers, and effects against

unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,and no search warrant or warrant of arrest shall issue except upon probable cause to be

determined personally by the judge after examination under oath or affirmation of the

complainant and the witnesses he may produce, and particularly describing the place to be

searched and the persons or things to be seized.


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The enactment of a Cybercrime law in the Philippines is a good start. We can longer be isolated

from the virtual world. Having been dubbed as the Twitter, Facebook, Text, and Call CenterCapital of the World, it is now incumbent upon the Philippine Government to monitor, regulate

and protect the lawful behavior and rights of netizens as well as to prevent and punish the

misuse, abuse, and illegal use of these rights by others.

The Office of Cybercrime within the Department of Justice (DOJ) to be the central authority inall matters related to international mutual assistance and extradition will be created.

A National Cyber Security Center within the Department of Science and Technology-

Information and Communications Technology Office (DOST-ICTO) will also be created to

formulate and implement a national cybersecurity plan, and extend technical assistance for thesuppression of real-time commission of cybercrime offenses through a Computer Emergency

Response Team (CERT).

The National Cybersecurity Coordinating Council (NCCC) under the Office of the President

will, most importantly, be created to formulate and implement the national cybersecurity plan.

By the creation of the above-mentioned offices; the search, recruitment, and training of thepersonnel manning such offices; the training of the judges, prosecutors and the staff of the courts

that would be trying potential cases; and the allocation of more funds (the initial budget of P50-

M is small) to finance the implementation and enforcement of the law, should get the Philippinesas a cyber law nation up and going.

One significant observation on my part is why the Senators and Congressmen failed to include in

the recently enacted law a provision that deals with Intellectual Property Crimes such as those

that deal with violating Copyrights (original expression of an idea); Trademarks (Identify Sourceof goods and services); Trade Secrets; and Patent Rights. The infringement is usually massive in

scale and is akin to theft.

Section 1, Article III of the Constitution touches on this issue;


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No person shall be deprived of life, liberty or property without due process of law, nor shall any

person be denied the equal protection of the laws.

The Copyrights including written works; Trademarks; Trade Names; Trade Secrets; and Patentsare properties that are protected by the Constitution and should also be safeguarded against theft

or misappropriation either online or offline.

Violations against Intellectual Property Rights are always included in Cybercrime laws in the

United States and other countries. In my Computer/Cyber Crimes class, we had extensivediscussions on Intellectual Property Crimes. There was none on Libel.

This is probably an inadvertent omission on the part of the legislators because of their focus on

debating the RH Bill and Plagiarism/Copyright Infringement charges led by Senators Sotto

(Anti) and Pia Cayetano (Pro).

My barber is also asking me if the Parliamentary Immunity of legislators is limited to the

physical boundaries of the walls of Congress. If a legislator commits a cybercrime, is he still

protected by the immunity? :)

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News Article Phil Cybercrime Prevention Act