Sunday, October 7, 12
Sunday, October 7, 12
Cybercrime Prevention                             Act of 2012                                Computer Professionals’ Union...
Sunday, October 7, 12
Background         Passed House of Representatives on 04 June 2012              Senate Bill No. 2796 and House Bill No. 58...
Endorsed by these         senators.         “TG” Guingona III         voting against it.Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
We fight back!                  SC petitions to Junk/Repeal/Amend                        Senate Bill No. 2796 and House Bil...
We fight back!                         Online blackout campaignSunday, October 7, 12
We fight back!               Silent protest in SCSunday, October 7, 12
We fight back!            Protest in SCSunday, October 7, 12
We fight back!                        Social MediaSunday, October 7, 12
We fight back!                        Social MediaSunday, October 7, 12
We fight back!                        Social MediaSunday, October 7, 12
We fight back!                        Social MediaSunday, October 7, 12
We fight back!                        Social MediaSunday, October 7, 12
“Anonymous” fights back!Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
What is the RA 10175 ?            Section 4: Cybercrime Offenses                  Illegal access, illegal interception, da...
What is the RA 10175 ?            Section 5: Other Offenses                  aiding or abetting in the commission of cyber...
What is the RA 10175 ?           Section 4(a)(3) on Data Interference:                   intrudes into                    ...
What is the RA 10175 ?           Section 4(b)(3) on Computer-related           Identity Theft:                            ...
What is the RA 10175 ?           Section 4(c)(4) on Libel             makes anyone a target of prosecution and punishment ...
What is the RA 10175 ?         Section 5(a) on Aiding or        intrudes into people’s         Abetting in the commission ...
What is the RA 10175 ?         Section 6 on all crimes defined                    violation of the right         in Revised...
What is the RA 10175 ?         Section 12 (1)                           violation of the right         Real-Time Collectio...
What is the RA 10175 ?         Section 17 (1)                                 deprivation of         Destruction of comput...
What is the RA 10175 ?         Section 19 (1)         Restricting of Blocking Access to                 intrudes into     ...
Sunday, October 7, 12
Who are affected?               all users of “mobile phones, computers, computer data               storage devises (e.g. ...
Threats to ICT professionals                  For computer professionals and hackers working with                  informa...
Threats to ICT professionals                  Computer technicians are not spared. They should start                  aski...
Can an IRR fix RA 10175 ?               “As such, Akbayancalls on President Aquino to               address the infirmities ...
Can an IRR fix RA 10175 ?                No.               @natoreyes:               “The IRR cannot accomplish more than w...
Sunday, October 7, 12
Sunday, October 7, 12
We have bigger problems but they decided to prioritize                 punishment of cybercrime.Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
Sunday, October 7, 12
Binuo ng Computer Professionals’ Union                              www.cp-union.com           Ref: http://www.facebook.co...
On the Cybercrime Law by Computer Professionals’ Union                   and Rick Bahague is licensed under a Creative Com...
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On the cybercrime act

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A briefer on the current Cybercrime Prevention Act of 2012 in the Philippines

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Transcript of "On the cybercrime act"

  1. 1. Sunday, October 7, 12
  2. 2. Sunday, October 7, 12
  3. 3. Cybercrime Prevention Act of 2012 Computer Professionals’ Union 5 October 2012 *Mula sa mga datos ng BAYAN at Bloggers and Netizens vs Aquino Supreme Court Petitions at mga imahe mula sa Pixel Offensive.Sunday, October 7, 12
  4. 4. Sunday, October 7, 12
  5. 5. Background Passed House of Representatives on 04 June 2012 Senate Bill No. 2796 and House Bill No. 5808 Passed Senate on 05 June 2012 Signed into law on 12 September 2012 An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression, and the Imposition of Penalties therefor and for other Purposes Implemented: October 3, 2012Sunday, October 7, 12
  6. 6. Endorsed by these senators. “TG” Guingona III voting against it.Sunday, October 7, 12
  7. 7. Sunday, October 7, 12
  8. 8. Sunday, October 7, 12
  9. 9. We fight back! SC petitions to Junk/Repeal/Amend Senate Bill No. 2796 and House Bill No. 5808Sunday, October 7, 12
  10. 10. We fight back! Online blackout campaignSunday, October 7, 12
  11. 11. We fight back! Silent protest in SCSunday, October 7, 12
  12. 12. We fight back! Protest in SCSunday, October 7, 12
  13. 13. We fight back! Social MediaSunday, October 7, 12
  14. 14. We fight back! Social MediaSunday, October 7, 12
  15. 15. We fight back! Social MediaSunday, October 7, 12
  16. 16. We fight back! Social MediaSunday, October 7, 12
  17. 17. We fight back! Social MediaSunday, October 7, 12
  18. 18. “Anonymous” fights back!Sunday, October 7, 12
  19. 19. Sunday, October 7, 12
  20. 20. Sunday, October 7, 12
  21. 21. What is the RA 10175 ? Section 4: Cybercrime Offenses Illegal access, illegal interception, data interception, data interference (a)(3), system interference, misuse of devices Computer-related forgery, computer-related fraud, computer- related identity theft Cybersex, child pornography, unsolicited commercial communications LibelSunday, October 7, 12
  22. 22. What is the RA 10175 ? Section 5: Other Offenses aiding or abetting in the commission of cybercrime, attempt in the commission of cybercrime Section 6: All crimes in RPC if committed by, through and with the use of ICT Penalty: one degree higherSunday, October 7, 12
  23. 23. What is the RA 10175 ? Section 4(a)(3) on Data Interference: intrudes into people’s freedom The intentional or reckless alteration, damaging, deletion or deterioration of computer data, of speech electronic document, or electronic data message, without right including the introduction or alterations transmission of viruses vague, “sweep unnecessarily broadly” “it becomes very burdensome, onerous and patently discouraging, specially if the act is for purposes of social and political criticisms” Source: BAYAN SC PetitionSunday, October 7, 12
  24. 24. What is the RA 10175 ? Section 4(b)(3) on Computer-related Identity Theft: intrudes into people’s freedom The intentional acquisition, use, misuse, of speech transfer, possession, alteration, or deletion of identifying information belonging to politician’s full name, age, another, whether natural or juridical without right. education, employment Provided, that if no damage has yet been caused, the background, names of parents, penalty imposable shall be one (1) degree lower. siblings, wife, children and other members of immediate family) of another person (e.g. by intentionally obtaining such identifying information, without any consent, from Facebook, website, or any online article or document)Sunday, October 7, 12
  25. 25. What is the RA 10175 ? Section 4(c)(4) on Libel makes anyone a target of prosecution and punishment chilling effect on the exercise of freedom of speech General Comment   No.   34   of   the   United   Nations   Human   Rights   Committee states that   “State   parties should consider the decriminalization of defamation “a violation or disregard of the Philippine government’s obligations under the International Convention on Civil Political Rights to promote and protect freedom of expression” Source: BAYAN SC PetitionSunday, October 7, 12
  26. 26. What is the RA 10175 ? Section 5(a) on Aiding or intrudes into people’s Abetting in the commission of cybercrime: freedom of speech Section 5(b) on Attempt in the commission of cybercrime:Sunday, October 7, 12
  27. 27. What is the RA 10175 ? Section 6 on all crimes defined violation of the right in Revised Penal Code (RPC), if committed by, through and of the people not to with the use of ICT shall be be subjected to covered by this Act double jeopardy Section 7 on Liability under other Laws A prosecution under this Act shall be without prejudice to any liability for violation of any provision of RPC etcSunday, October 7, 12
  28. 28. What is the RA 10175 ? Section 12 (1) violation of the right Real-Time Collection of Traffic Data of the people against unreasonable Law enforcement authorities, with due searches and seizure cause, shall be authorized to collect or record by technical or electronic means traffic violation of the right data in real-time associated with to privacy specified communications transmitted by means of a computer systemSunday, October 7, 12
  29. 29. What is the RA 10175 ? Section 17 (1) deprivation of Destruction of computer data property without due Upon expiration of periods authorities shall process of law immediately and completely destroy the computer data subject to prevention and examination.Sunday, October 7, 12
  30. 30. What is the RA 10175 ? Section 19 (1) Restricting of Blocking Access to intrudes into Computer Data people’s freedom of When a computer data is prima speech facie found to be in violation of the provision of this Act, the DOJ shall issue an grant of unbridled order to restrict or block access to such computer data. power to Department of Justice “take down clause”Sunday, October 7, 12
  31. 31. Sunday, October 7, 12
  32. 32. Who are affected? all users of “mobile phones, computers, computer data storage devises (e.g. USB, external hard disks), emails, social media and anything that is related to the internet, cyberspace and information and communications technology” Source: BAYAN SC PetitionSunday, October 7, 12
  33. 33. Threats to ICT professionals For computer professionals and hackers working with information security and network administration our sets of tools can be misinterpreted as tools to commit cybercrime. It should be noted that crackers (bad hackers) and hackers almost use the same set of tools. We can be punished for “misuse of devices”... Source: CP-UNION.COMSunday, October 7, 12
  34. 34. Threats to ICT professionals Computer technicians are not spared. They should start asking waivers if they repair, reformat, and troubleshoot computer systems and networks. They could be punished for “system interference” in Section 4 (a) (4). It “adds a broken tool to current computer security toolbox used by computer professionals. It opened new mechanisms for misinterpretations (intentional or not) by State authorities wherein innocent computer users and hackers can be tagged to crimes and punished without due process.” Source: CP-UNION.COMSunday, October 7, 12
  35. 35. Can an IRR fix RA 10175 ? “As such, Akbayancalls on President Aquino to address the infirmities of the law by inviting media people and organizations, social movements and civil society groups to participate in the crafting of the law’s implementing rules and regulations (IRR) to negate the law’s repressive provisions and safeguard the rights and welfare of internet users. The Aquino government must swiftly act to salvage this law or otherwise the people will have no option left but to bring this to court.” September 20, 2012 Statement, AKBAYANSunday, October 7, 12
  36. 36. Can an IRR fix RA 10175 ? No. @natoreyes: “The IRR cannot accomplish more than what the law sets out to do. If the law intends to criminalize online libel, the IRR cannot reverse or negate this. If the law allows the take-down of websites by the DOJ sans a court order, the IRR cannot reverse or negate this.” ... “We’re being drawn to a path that leads to a cliff. Huwag magpaloko.” Source: http://natoreyes.wordpress.comSunday, October 7, 12
  37. 37. Sunday, October 7, 12
  38. 38. Sunday, October 7, 12
  39. 39. We have bigger problems but they decided to prioritize punishment of cybercrime.Sunday, October 7, 12
  40. 40. Sunday, October 7, 12
  41. 41. Sunday, October 7, 12
  42. 42. Sunday, October 7, 12
  43. 43. Sunday, October 7, 12
  44. 44. Sunday, October 7, 12
  45. 45. Sunday, October 7, 12
  46. 46. Binuo ng Computer Professionals’ Union www.cp-union.com Ref: http://www.facebook.com/PixelOffensive BAYAN Supreme Court Petition Bloggers and Netizens vs Aquino Supreme Court Petition *Mula sa mga datos ng BAYAN at Bloggers and Netizens vs Aquino Supreme Court Petitions *Mga imahe mula sa Pixel Offensive.Sunday, October 7, 12
  47. 47. On the Cybercrime Law by Computer Professionals’ Union and Rick Bahague is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Based on a work at www.cp-union.com.Sunday, October 7, 12
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