Monday, September 17, 2012

Republic Act No. 10175 (With Some Blabberings)

This post covers only the chapters 2 and 3 of Republic Act No. 10175 because I know most of you will just dive right into there. But for those who would want the full text of the policy please go here: 


Again, I would like to repeat, please see full text on those links for you to have full understanding of the wordings. I urge you to do it since we all should be responsible netizens and for us to be educated on what should and should not be done online or any thing related thereof.


CHAPTER II
PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. The following acts constitute the offense of cybercrime punishable under this Act:

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

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

(2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

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

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

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

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

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

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

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

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

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

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

(c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

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

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

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

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

(iii) The following conditions are present:

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

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

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

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

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

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

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

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.


CHAPTER III
PENALTIES

SEC. 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.


Again, go read the full text policy on the link above. You should be able to understand and grasp this since you have stumbled upon this link. Very important minutes of your cyber/online life.

=====================

Update: I highlighted the Libel clause because this is where everything gets crazy over the blogosphere. For those of us who love Meme's, online sarcastic banters and just plain old opinion on the matter, let us all beware as we might incriminate ourselves. Although, after a matter of days of reading materials with regard to, reactions over this "well-thought", I am being sarcastic and yes that may incriminate me, insertion I am choosing to say a thing or two regarding, after all I may still have my freedom of speech. Key words, "may still have". 

Two points and this would not be about who is protecting who and who inserted what, although we all know who that would be. I will be speaking via opinion and not on the matters of the law as I know a little about such, although lets talk labor laws and I may know a thing or two about them. Again, I am speaking out of opinion, curiosity and some of the confusion I may have over this. Anyway:

1. Everyone can sue everyone online and this would be a field day for lawyers and those who hold grudge over some people. Who will police this? Say I posted a Meme about some public personalities and it got spread out all over the internet, would I be slapped with the libel among the rest of the people along the chain of information sharing or would it just be me? Remember this is now a digital age, almost everyone has access to the wonderful world of wide web. 

Such thing as think before you click exists yes, but children who have access to the internet would view these Meme's as fun and nothing more and has shared it to their friends, would they get slapped with a libel as well?  Or would you hold their parents accountable for this? We might as well all go leave the digital age and live within the confines of a cave somewhere beneath the ocean near the core, oh wait that would still require technology I assume and would elicit creative opinions good or bad (which would lead to woohlaaah Libel). Sorry, I am blabbing and might go over board. 

But that is the point, digital age. Go figure.


2.  Freedom of speech, in a "democratic" country, it is vital. This right is exercised over the internet by millions of people here in the Philippines, Twitter and Facebook statistics would say so. To post something about someone in a form of honest opinion and this person/someone does not agree or like what you said, Libel case for you buddy. That is in a nutshell. 

Yes, I highlighted honest opinion there because I know there are still people who do not actually think before they open their mouths or even press the enter button which can hit a nerve or two in my opinion. And yes, this is debatable. Let us not go there. Probably another point to include in item number 1.

If my freedom of speech, which I am exercising right now is gagged, let us then change our form of government and be a hermit with no one being able to speak their minds, cannot share/air their opinions on who is crap and who is great. Are we just gonna sit there and be mum about ALL of the things that is happening around here? I do not think so.


I will stop right there. Yeah yeah yeah yeah, some of you may think these points are unreasonable, nonsense, vague, "that is not the point, point", "you don't get it", "there is no point in all of this" and all that other crap I won't really care, besides I am a little outraged as I do write online and I am just trying to poke some bubbles over here. I may not be that crafty over this, that is just how unreasonable I think this clause is. Forgive me, I do not think clearly during sporadic pissed moments. 


So my friends, my minute number of tumbleweeds, let us all get a shovel and start digging our own tunnels away from this digital world. Cybercrime Law is here and along with it comes a Libel case if they did not like what you share. Amen. 

But seriously, if there is an appeal to have this insertion deleted, I will sign it. (As of this writing, I am still looking for it, I also go out the actual world and chase butterflies like you *wink*)

Oh by the way check this article written by Ms. Raisa Robles: http://raissarobles.com/2012/09/18/who-inserted-that-libel-clause-in-the-cybercrime-law-at-the-last-minute/ it is worth every second of your life, should you actually care about this, in which you SHOULD.




1 comment :

  1. Of direct relevance to this new law - which covers the ground now of a distasteful business, plaguing me for 4 years - perhaps hope of a first prosecution?

    http://www.timcumper.biz/2012/09/tim-cumper-good-timing.html

    ReplyDelete