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RA 10175 (Cybercrime Law of the Philippines)
Cybercrime also called computer crime is the use of a computer as an instrument to further illegal ends such as committing fraud trafficking child pornography, intellectual property violations, stealing identities or violation of privacy.
Cybercrime law provides rules of conduct and standards of behavior for the use of the Internet, computers, and related digital technologies, and the actions of the public, government, and private organizations; rules of evidence and criminal procedure, and other criminal justice matters in cyberspace; and regulation to reduce risk and/or mitigate the harm done to individuals, organizations, and infrastructure should a cybercrime occur.
In order to combat and prevent cybercrime, cybercrime law was established to provide rules and regulations in operating the Internet. It includes substantive penal, procedural, and international cooperation rules.
The Cybercrime Prevention Act of 2012 focuses on the pre-emption, prevention, and prosecution of cybercrimes such as offenses against the privacy, confidentiality, integrity, and availability of computer data and systems, computer-related offenses, and content-related offenses.
The government of the Philippines introduced the Republic Act No.101175 or Cyber Prevention Act of 2012. The Philippine Congress enacted the Cybercrime Prevention Act of 2012, which addresses entirely crimes committed against and through the computer system on the 12th of September 2012 and signed by President Benigno Aquino III.
The types of cybercrime covered under the Cybercrime Prevention Act of 2012. They are:
Offenses Against Confidentiality, Integrity, and Availability of Computer Data and Systems
1. Illegal access
2. Illegal interception
3. Data Interference
4. System Interference
5. Misuse of Devices
6. Cyber Squatting
Computer-Related Offenses
1. Computer-related forgery
2. Computer-related Fraud
3. Computer-related Identity Theft
Content-Related
Offenses
1. Cybersex
2. Child Pornography
3. Unsolicited Commercial Communications
4. Libel
Other Offenses
1. Aiding or abetting in the Commission of Cybercrime
2. Attempt in the Commission of Cybercrime
The Act has universal jurisdiction, and its provisions apply to all Filipino nationals regardless of the place of commission. Under the Department of Justice (DOJ) the National Bureau of Investigation and Philippine National Police are the law enforcement authorities for the Cybercrime Prevention Act of 2012. Both shall organize a cybercrime unit or center staffed by special investigators to handle cases involving violations of the Cybercrime Prevention Act of 2012.
Advantages:
• Cybersex, Cyberbullying, Child pornography are now offences, and such offenders can be punished. The children’s rights are protected by this Act.
• All kinds of businesses using the internet as a medium are protected by this Act.
• Provisions of this act now define the offence of cybersquatting and this deters people from the act of cybersquatting.
• Provisions that penalize online identity theft. This provision protects the individual’s privacy and its protection.
Disadvantages:
• Ambiguity in the terms given in the Act such as the term online libel is not defined anywhere which can lead to different interpretations. Ambiguity can be seen in the provision of real-time data collection.
• The ambiguity in the Act may lead to the freedom of speech. The ambiguities like the absence of a proper definition of online libel may lead to confusion. Sometimes the expression of some truth may be misinterpreted as Libel. People may be restrained from expressing themselves.
• The implementation and execution of this Act yearly cost a huge cost to the government.