Symposium on social issues
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Symposium on social issues Symposium on social issues Document Transcript

  • I. Privacy Issues:A] Privacy InvasionArticle III Sec 2 of the 1987 Constitution (Bill of Rights):"The right of the people to be secure in their persons, houses, papers, and effects againstunreasonable 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 bedetermined personally by the judge after examination under oath or affirmation of thecomplainant and the witnesses he may produce, and particularly describing the place to besearched and the persons or things to be seized."Article III Sec 3 of the 1987 Constitution (Bill of Rights):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.Any evidence obtained in violation of this or the preceding section shall be inadmissible for anypurpose in any proceeding.NOTE: Applicable provisions:1. Human Security Act/Anti-Terrorism LawSURVEILLANCE OF SUSPECTS AND INTERCEPTION ANDRECORDING OF COMMUNICATIONS OF SUSPECTS OR CHARGEDOF TERRORISMSection 7. Surveillance of suspects and interception and recording ofcommunications. The provisions of RA 4200 (Anti-Wiretapping Law) to thecontrary notwithstanding, a police or law enforcement official and themembers of his team may, upon a written order of the Court ofAppeals, listen to, intercept and record, with the use of any mode,form or kind or type of electronic or other surveillance equipment or interceptingand tracking devices, or with the use of any other suitable ways or means for thatpurpose, any communication, message, conversation, discussion, or spoken orwritten words between members of a judicially declared and outlawed terroristorganization, association, or group of persons or of any person charged with orsuspected of the crime of terrorism or conspiracy to commit terrorism.Provided, That surveillance, interception and recording of communicationsbetween lawyers and clients, doctors and patients, journalists and their sourcesand confidential business correspondence shall not be authorized.
  • JUDICIAL AUTHORIZATION TO EXAMINE BANK DEPOSITS,ACCOUNTS, AND RECORDS OF SUSPECTED OR CHARGEDTERRORISTSSection 27. Judicial authorization required to examine bank deposits, accountsand records.The justices of CA designated as special court to handle anti-terrorism cases aftersatisfying themselves of the existence of probable cause in a hearing called forthat purpose that:A person charged with or suspected of the crime of terrorism or conspiracy tocommit terrorism;Of a judicially declared and outlawed terrorist organization or group ofpersons;Of a member of such judicially declared and outlawed organization,association or group of persons, may authorize in writing any police or lawenforcement officer and the members of his team duly authorized in writingby the anti-terrorism council to:1. Examine or cause the examination of, the deposits, placements, trust accounts,assets, and records in a bank or financial institution; and2. Gather or cause the gathering of any relevant information about such deposits,placements, trust accounts, assets, and records from a bank or financialinstitution. The bank or financial institution shall not refuse to allow suchexamination or to provide the desired information, when so ordered by andserved with the written order of the Court of Appeals.2. Electronic Commerce Act of 2000SEC. 31. Lawful Access. –Access to an electronic file or an electronic signature of an electronic data messageor electronic document shall only be authorized and enforced in favor of theindividual or entity having a legal right to the possession or the use of the plaintext,electronic signature or file and solely for the authorized purposes. The electronic keyfor identity or integrity shall not be made available to any person or party without theconsent of the individual or entity in lawful possession of that electronic key.SEC. 32. Obligation of Confidentiality. –Except for the purposes authorized under this Act, any person who obtained access toany electronic key, electronic data message, or electronic document, book, register,correspondence, information, or other material pursuant to anypowers conferred under this Act, shall not convey to or share the same with any otherperson.
  • SEC. 33. Penalties.(a) Hacking or cracking which refers to unauthorized access into or interference in acomputer system/server or information and communication system; or any accessin order to corrupt, alter, steal, or destroy xxx.3. Republic Act No. 10175, Cybercrime Prevention Act of 2012SEC. 2. Declaration of Policy. — The State recognizes the vital role of informationand communications industries such as content production, telecommunications,broadcasting electronic commerce, and data processing, in the nation’s overall socialand economic development. The State also recognizes the importance of providing anenvironment conducive to the development, acceleration, and rational application andexploitation of information and communications technology (ICT) to attain free, easy,and intelligible access to exchange and/or delivery of information; and the need toprotect and safeguard the integrity of computer, computer and communicationssystems, networks, and databases, and the confidentiality, integrity, and availabilityof information and data stored therein, from all forms of misuse, abuse, and illegalaccess by making punishable under the law such conduct or conducts. In this light,the State shall adopt sufficient powers to effectively prevent and combat suchoffenses by facilitating their detection, investigation, and prosecution at both thedomestic and international levels, and by providing arrangements for fast and reliableinternational cooperation.SummaryThe right to privacy does not bar all incursion/attack into individual privacy. The right isnot intended to stifle/suppress scientific and technological advancements that enhance publicservice and the common good. It merely requires that the law be narrowly focused and acompelling interest justifies such intrusions. Intrusions into the right must be accompanied byproper safeguards and well-defined standards to prevent unconstitutional intrusions. Any law ororder that invades individually privacy will be subjected by this Court to strict scrutiny.B] Online DefamationRepublic Act No. 10175, Cybercrime Prevention Act of 2012Section 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 andcommunications technologies shall be covered by the relevant provisions of this Act.Xxx.Under Article 353 of the Revised Penal Code of the PhilippinesLibel is defined as a public and malicious imputation of a crime, or of a vice or defect,real or imaginary, or any act, omission, condition, status or circumstance tending to
  • discredit or cause the dishonor or contempt of a natural or juridical person, or to blackenthe memory of one who is dead. Thus, the elements of libel are:(a) Imputation of a discreditable act or condition to another;(b) Publication of the imputation;(c) Identity of the person defamed; and,(d) Existence of malice.II. Copyright IssuesIntellectual property/copyright infringementCopyright:1. System of legal protection an author enjoys of the form of expression of ideas.2. Relates to artistic creations, such as books, music, paintings and sculptures, films andtechnology-based works3. Works are protected by the sole fact of their creation, irrespective of their mode or formof expression, as well as their content, quality and purpose.4. Not a right to do anything but to stop others from doing something5. Protection extends only to the expression of the idea not to the idea itself or to anyprocedure, system, method or operation, concept or principle, discovery or mere data.6. Copyright is distinct from the property in the material object subject to it.7. Purely statutory right and right is limited to what the statute confers.Purpose:Not to reward the labor of authors, but to promote the progress of science and useful arts.Requisites to be copyrightable work:1. Originality- It does not mean novelty or ingenuity; neither uniqueness nor creativity. It simplymeans that the work “owes its origin to the author”- Independent work of the author- Must not be copied- Involve some intellectual effort2. Expression- The work must be embodied in a copy which allows it to be seen or copied by others.Examples of sufficient fixation include writing something on a piece of paper ortyping something into a computer and then saving/storing that information. Fixationdoes not include something which is simply spoken, unless it was either previouslywritten down or the speech is being recorded
  • CREATOR TO WHOM IT BELONGSingle Author of the work, his heirs or assignsJoint If work consists of UNIDENTIFIABLE parts:co-authors jointly as co-owners, unless there isagreement to the contraryIf work consists of UNIDENTIFIABLE parts:author of each part owns the part that he hascreated.Employee If the creation is part of his regular duties:employer; unless there is agreement to thecontraryIf it is not: employeeCommissioned Work Work itself: person commissioningCopyright: creator, unless there is a writtenstipulation to the contrary.Cinematographic Works For exhibition purposes: producerFor all other purposes: producer, author of thescenario, composer, film director, author of thework.Collective works Contributors is deemed to have waived hisright, unless he expressly reserves it.Letters Writer