Matrix of Different Cybercrime Bills

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Matrix summarizing the different Cybercrime bills in the Philippines

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Matrix of Different Cybercrime Bills

  1. 1. MATRIX ON CYBERCRIMEHB No. 85 HB No. 167 HB No. 364 HB No. 383 HB No. 511 HB No. 1444 HB No. 2279 HB No. 3376(Rep. Susan Yap) (Rep. Eric Owen G. (Rep. Marcelino (Rep. Gloria (Rep. Juan Edgardo (Rep. Carmelo (Rep. Rufus (Rep. Michael Singson, Jr.) Reyes Teodoro) Macapagal-Arroyo) “Sonny” Angara) Feliciano Lazatin) Rodriguez Bautista) Mariano Velarde Jr.)“AN ACT DEFINING AN ACT DEFINING AN ACT DEFINING AN ACT DEFINING AN ACT AN ACT AN ACT PENALIZING AN ACT DEFININGCYBERCRIME, CYBERCRIME, CYBERCRIME, CYBERCRIME, DEFINING PROHIBITING THE USE OF CYBERCRIME,PROVIDING FOR THE PROVIDING FOR PROVIDING FOR PROVIDING FOR CYBERCRIME, CYBERSEX AND COMPUTERS TO PROVIDING FORPREVENTION, PREVENTION, PREVENTION, PREVENTION, PROVIDING FOR PROVIDING COMMIT, PREVENTION,INVESTIGATION AND SUPPRESSION AND SUPPRESSION AND SUPPRESSION AND PREVENTION, PENALTIES FOR THE FACILITATE OR SUPPRESSION ANDIMPOSITION OF IMPOSITION OF IMPOSITION OF IMPOSITION OF SUPPRESSION AND VIOLATION THEREOF CONCEAL THE IMPOSITION OFPENALTIES PENALTIES PENALTIES PENALTIES IMPOSITION OF AND FOR OTHER COMMISSION OF A PENALTIESTHEREFOR AND FOR THEREFOR THEREFOR AND FOR THEREFOR AND FOR PENALTIES PURPOSES CRIME THEREFOR AND FOROTHER PURPOSES AND FOR OTHER OTHER PURPOSES OTHER PURPOSES THEREFOR OTHER PURPOSES PURPOSES AND FOR OTHER PURPOSESSECTION 1. Title. This SECTION 1. Title. – SECTION 1. Title. – SECTION 1. Title- SECTION 1. Title. SECTION 1. Title. – SEC. 1. Short Title. - SECTION 1. Title. -Act shall be known as This Act shall be This Act shall be This Act shall be This Act shall be This Act shall be This Act shall be cited This Act shall bethe "Cybercrime known as the known as the known as the known as the known as the “Anti- as the “Computer known as thePrevention Act of “Cybercrime “Cybercrime “Cybercrime “Cybercrime Cybersex Act”. Crimes Act”. "Cybercrime2010". Prevention Act of Prevention Act of Prevention Act of Prevention Act of Prevention Act of 2009”. 2010”. 2010.” 2010.” 2010".SECTION 2. SEC. 2. Declaration SEC. 2. Declaration SEC.2. Declaration of SEC. 2. Declaration SECTION 2. SEC. 2. Declaration SEC. 2. Declaration ofDeclaration of Policy. of Policy. – of Policy. – Policy- of Policy. Declaration of Policy. of Policy. – Policy. –– – It is the policy of the It is the declared The State recognizes The State recognizes The State recognizes The State recognizes It is the declared The State recognizes State to prevent thepolicy of the State to the increasingly vital the increasingly vital the increasingly vital the increasingly vital policy of the State to the vital role of use of computers inuphold the morality role of information role of information role of information role of information uphold the morality information and committing actsof the society and communications and communications and communications and communications of the society content industries, penalized under theparticularly the technology (ICT) as technology (ICT) as technology (ICT) as technology (ICT) as particularly the such as Revised Penal Codewomen and the an enables of key an enabler of key an enabler of key an enabler of key women and the telecommunications, and other specialyouth, against industries such as, industries such as, industries such as, industries such as, youth, against broadcasting, laws.immoral and banking, banking, banking, banking, immoral and electronicobscene acts broadcasting, broadcasting, broadcasting, broadcasting, obscene acts commerce, and datathrough the use of business process business process business process business process through the use of processing, in thethe cyberspace by outsourcing, outsourcing, outsourcing, outsourcing, the cyberspace by nations overall socialprohibiting the electronic commerce electronic commerce electronic commerce electronic commerce prohibiting the and economicoperation of and and and and operation of development. Thecybersex in the telecommunications, telecommunications, telecommunications, telecommunications, cybersex in the State also recognizesPhilippines. and as a driving and as a driving and as a driving and as a driving Philippines. the importance of force for the nation’s force for the nation’s force for the nation’s force for the nation’s providing an overall social and overall social and overall social and overall social and environment
  2. 2. economic economic economic economic conducive to thedevelopment. The development. The development. The development. The development,State also recognizes State also recognizes State also recognizes State also recognizes acceleration, andthe importance of the importance of the importance of the importance of rational applicationproviding an providing an providing an providing an and exploitation ofenvironment environment environment environment information andconducive to the conducive to the conducive to the conducive to the communicationsdevelopment, development, development, development, technology to attainacceleration and acceleration and acceleration and acceleration and free, easy, andapplication of ICT to application of ICT to application of ICT to application of ICT to intelligible access toattain free, easy and attain free, easy and attain free, easy and attain free, easy and exchange and/ orintelligible access to intelligible access to intelligible access to intelligible access to delivery ofexchange and/or exchange and/or exchange and/or exchange and/or information; and thedelivery of delivery of delivery of delivery of need to protect andinformation; and the information; and the information; and the information; and the safeguard theneed to protect and need to protect and need to protect and need to protect and integrity ofsafeguard the safeguard the safeguard the safeguard the computer, computerintegrity of integrity of integrity of integrity of and communicationcomputer and computer and computer and computer and systems, networks,communications communications communications communications and databases, andsystems, networks systems, networks systems, networks systems, networks the confidentiality,and database, and and database, and and database, and and database, and integrity, andthe confidentiality, the confidentiality, the confidentiality, the confidentiality, availability ofintegrity and integrity and integrity and integrity and information and dataavailability of availability of availability of availability of stored therein, frominformation and information and information and information and all forms of misuse,data stored therein, data stored therein, data stored therein, data stored therein, abuse, and illegalfrom all forms of from all forms of from all forms of from all forms of access by makingmisuse, abuse and misuse, abuse and misuse, abuse and misuse, abuse and punishable under theillegal access by illegal access by illegal access by illegal access by law such conduct ormaking such conduct making such conduct making such conduct making such conduct conducts. In thispunishable under punishable under punishable under punishable under light, the State shallthe law. In this light, the law. In this light, the law. In this light, the law. In this light, adopt sufficientthe State shall the State shall adopt the State shall adopt the State shall adopt powers to effectivelyadopt sufficient sufficient powers to sufficient powers to sufficient powers to prevent and combatpowers to effectively effectively prevent effectively prevent effectively prevent such offenses byprevent and combat and combat such and combat such and combat such facilitating theirsuch offenses by offenses by offenses by offenses by detection,facilitating their facilitating their facilitating their facilitating their investigation, anddetection, detection, detection, detection, prosecution at bothinvestigation and investigation and investigation and investigation and the domestic andprosecution at both prosecution at both prosecution at both prosecution at both international levelsthe domestic and the domestic and the domestic and the domestic and and by providing
  3. 3. international levels, international levels, international levels, international levels, arrangements for and by providing and by providing and by providing and by providing fast and reliable arrangements for arrangements for arrangements for arrangements for international fast and reliable fast and reliable fast and reliable fast and reliable cooperation. international international international international cooperation. cooperation. cooperation. cooperation.No Provision No Provision No Provision No Provision No Provision SECTION 4. No Provision No Provision Enforcement of the Act. – Towards this end, this act shall prohibit the operation of cybersex in the country, provide corresponding penalties for violators and ensure the welfare sexworkers particularly the minors.SEC. 3. Definition of SEC.3 Definition of SEC. 5. Definition of SEC. 3. Definition of SEC. 3. Definition of SECTION 5. SEC. 3. Definition of SEC. 3. Definition ofTerms. For purposes Terms. – For term- As used in this Terms. For Terms. For Definition of term- Terms. – As used in Terms. - Forof this Act, the purposes of this Act, Act, Cybersex shall purposes of this Act, purposes of this Act, As used in this Act, this Act, the term: purposes of this Act,following terms are the following terms mean “any form of the following terms the following terms Cybersex shall mean the following termshereby defined as are hereby defined interactive are hereby defined are hereby defined “any form of are hereby definedfollows: as follows: prostitution and as follows: as follows: interactive as follows: other forms of prostitution and obscenity through other forms of the cyberspace as obscenity through the primary the cyberspace as channel”. the primary channel”.a) Access - refers to (a) Access refers to a) Access refers to A.Access refers to A.Access refers to No provision No provision a) Access - refers to the instruction, the instruction, the instruction, the instruction, the instruction, the instruction, communication communication with, communication with, communication with, communication communication with, with, storing data storage of data in, storage of data in, storage of data in, with, storage of data storing data in, in, retrieving data retrieval of data retrieval of data retrieval of data in, retrieval of data retrieving data from, from, or otherwise from, or otherwise from, or otherwise from, or otherwise from, or otherwise or otherwise making making use of any making use of any making use of any making use of any making use of any use of any resources resources of a resource of a resource of a resource of a resource of a of a computer,
  4. 4. computer system computer system. computer system. computer system. computer system. computer and or communication communications network; network, or database;b) Alteration - refers (b) Alteration refers b) Alteration refers B.Alteration refers to B.Alteration refers to No provision No provision b) Alteration - refersto the modification to the modification to the modification the modification or the modification or to the modificationor change, in form or or change, in form or or change, in form or change, in form or change, in form or or change, in form orsubstance, of an substance, of an substance, of an substance, of an substance, of an substance, of anexisting computer existing computer existing computer existing computer existing computer existing computerdata or program; data or program. data or program. data or program. data or program. data or program;c) Communication - (c) Communication (c) Communication C. Communication C. Communication No provision No provision c) Communication -refers to the refers to the refers to the refers to the refers to the refers to thetransmission of transmission of transmission of transmission of transmission of transmission ofinformation information, information, information, information, information,including voice and including voice and including voice and including voice and including voice and including voice andnon-voice data; non-voice data. non-voice data. non-voice data non-voice data non-voice data;d) Computer system d) Computer system (d) Computer system D.Computer system D.Computer system No Provision A.“Computer” shall d) Computer - refers– means any device – means any device refers to any device refers to any device refers to any device refer to an electronic to any device oror a group of or a group of or group of or group of or group of machine that apparatus which byinterconnected or interconnected or interconnected or interconnected or interconnected or performs electronic, electro-related devices, one related devices, one related devices, one related devices, one related devices, one mathematical or mechanical oror more of which, or more of which, or more of which, or more of which, or more of which, logical calculations magnetic impulse, orpursuant to a pursuant to a pursuant to a pursuant to a pursuant to a or that assembles, by other means, isprogram, performs program, performs program, performs program, performs program, performs stores, correlates, or capable of receiving,automatic automatic automated automated automated otherwise processes recording,processing of data. processing of data. processing of data. It processing of data. It processing of data. It and prints transmitting, storing,It covers any type of It covers any type of covers any type of covers any type of covers any type of information derived processing,computer device computer device device with data device with data device with data from coded data in retrieving, orincluding devices including devices processing processing processing accordance with a producingwith data processing with data processing capabilities capabilities capabilities predetermined information, data,capabilities like capabilities like including, but not including, but not including, but not program and shall figures, symbols, ormobile phones and mobile phones and limited to, limited to, limited to, include word other modes ofalso computer also computer computers and computers and computers and processors, laptop expression accordingnetworks. The networks. The mobile phones. The mobile phones. The mobile phones. The computers, to mathematical anddevice consisting of device consisting of device consisting of device consisting of device consisting of mainframes or logical rules ofhardware and hardware and hardware and hardware and hardware and personal computers. performing any onesoftware may software may software may software may software may or more of thoseinclude input, output include input, output include input, output include input, output include input, output functions, includingand storage facilities and storage facilities and storage and storage and storage its associatedwhich may stand which may stand components which components which components which devices andalone or be alone or be may stand alone or may stand alone or may stand alone or peripherals;connected in a connected in a be connected in a be connected in a be connected in anetwork or other network or other network or other network or other network or other
  5. 5. similar devices. It similar devices. It similar devices. It similar devices. It similar devices. Italso includes also includes also includes also includes also includescomputer-data computer-data computer data computer data computer datastorage devices or storage devices or storage devices or storage devices or storage devices ormedium. medium. media. media. media.e) Computer Data - (e) Computer data (e) Computer data E.Computer data E.Computer data No provision No provision e) Computer Data -refers to any refers to any refers to any refers to any refers to any refers to anyrepresentation of representation of representation of representation of representation of representation offacts, information, or facts, information or facts, information or facts, information or facts, information or facts, information, orconcepts in a form concepts in a form concepts in a form concepts in a form concepts in a form concepts in a formsuitable for suitable for suitable for suitable for suitable for suitable forprocessing in a processing in a processing in a processing in a processing in a processing in acomputer system computer system, computer system, computer system, computer system, computer system,including a program including any including any including any including any including a programsuitable to cause a program capable of program capable of program capable of program capable of suitable to cause acomputer system to causing a computer causing a computer causing a computer causing a computer computer system toperform a function system to perform a system to perform a system to perform a system to perform a perform a functionand includes function, as well as function, as well as function, as well as function, as well aselectronic electronic electronic electronic electronicdocuments and/or documents or documents or documents or documents orelectronic data electronic data electronic data electronic data electronic datamessages messages. messages. messages. messages.No Provision No Provision No Provision No Provision No Provision No Provision No Provision f) Computers and Communications Network or Networks - refer to: i. a group of computers, associated devices, and/or its peripherals that are connected either permanently or temporarily, wired or wireless, by transmission and/or communications facilities which facilitate and/or provide the means of sending,
  6. 6. communicating, processing and/or transmitting voice and/or non-voice data and/or information electronically; or ii. a group of interconnected or related devices, including, but not limited to, a group of interconnected computers, private exchange branch (PBX) wired or wireless, telecommunications switching equipment, one or more of which, pursuant to a program, perform automatic processing of data;f) Computer f) Computer program (f) Computer F. Computer F. Computer No provision No provision g) ComputerProgram - refers to a refers to a set of program refers to a program refers to a program refers to a Program - refers to aset of instructions instructions set of instructions set of instructions set of instructions set of instructionsexecuted by the executed by the executed by the executed by the executed by the executed by thecomputer; computer to achieve computer to achieve computer to achieve computer to achieve computer to achieve intended results. intended intended results. intended results. intended results;g) Conduct Without (g) Conduct without g) Conduct without G.Conduct without G.Conduct without No provision No provision h) Conduct WithoutRight right right right right Right - refers to- refers to. either: (1) refers to either: (1) refers to either: (1) refers to either: (1) refers to either: (1) either: (I) conductconduct undertaken conduct undertaken conduct undertaken conduct undertaken conduct undertaken undertaken withoutwithout or in excess without or in excess without or in excess without or in excess without or in excess or in excess ofof authority; or (ii) of authority; or (2) of authority; or (2) of authority; or (2) of authority; or (2) authority; or (2)conduct not covered conduct not covered conduct not covered conduct not covered conduct not conduct not coveredby established legal by established legal by established legal by established legal covered by by established legaldefenses, excuses, defenses, excuses, defenses, excuses, defenses, excuses, established legal defenses, excuses,court orders, court orders, court orders, court orders, defenses, excuses, court orders,justifications, or justifications or justifications or justifications or court orders, justifications, or
  7. 7. relevant principles relevant principles relevant principles relevant principles justifications or relevant principlesunder the law; under the law. under the law. under the law. relevant principles under the law; under the law. i) Cybercrime - refers to any offense that can be committed by using a computer or communications system or network in a computer or communications system or network against a computer or communications system or network; j) Cybersex or Virtual Sex - refers to any form of sexual activity or arousal with the aid of computers or communications network; k) Damage - in the general sense, refers to damage or injury as defined under the applicable laws, including, but not limited to, the relevant provision of the Civil Code of the Philippines. In the limited sense, it means any impairment to the integrity or availability of a computer data, program, system information, or network;
  8. 8. With respect to computer data or programs as used in this Act, the words "damaging" and "deteriorating" are synonymous;h) Database (h) Database h) Database H.Database H.Database No provision No provision 1) Database - refers- refers to a refers to a refers to a refers to a refers to a to a representationrepresentation of representation of representation of representation of representation of of information,information, information, information, information, information, knowledge, facts,knowledge, facts, knowledge facts, knowledge, facts, knowledge, facts, knowledge, facts, concepts, orconcepts, or concepts or concepts or concepts or concepts or instructions whichinstructions which instructions which instructions which instructions which instructions which are being preparedare being prepared, are being prepared, are being prepared, are being prepared, are being prepared, or processed or haveprocessed or stored processed or stored processed or stored processed or stored processed or stored been prepared oror have been or have been or have been or have been or have been processed in aprepared, processed prepared, processed prepared, processed prepared, processed prepared, processed formalized manneror stored in a or stored in an or stored in an or stored in an or stored in an and which areformalized manner organized manner organized manner organized manner organized manner intended for use in aand which are and which are and which are and which are and which are computer, computerintended for use in a intended for use in a intended for use in a intended for use in a intended for use in a and communicationscomputer system; computer system. computer system computer system. computer system. network, computer server, or database; m) Deletion - refers to the destruction or impairment of information or data contained in a computer or computer and communications network by making them unrecognizable or by totally or partially obliterating the information or data from the computer or computer network; n) Distribution - refers to the active dissemination of
  9. 9. data, information or material using the computer and/or communications computer network; o) Electronic Data Message - refers to information generated, sent, received, or stored by electronic, optical, or similar means; p) Electronic Document - refers to the information or the representation of information, data, figures, symbols, or other modes or written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved, or produced in and through computer and/or computer and communications networks;i) Interception i) Interception i) Interception I .Interception I .Interception No provision No provision q) Interception -- refers to listening refers to listening to, refers to listening refers to listening refers to listening refers to listening to,to, recording, recording, to, recording, to, recording, to, recording, recording,monitoring or monitoring or monitoring or monitoring or monitoring or monitoring or
  10. 10. surveillance of the surveillance of the surveillance of the surveillance of the surveillance of the surveillance of thecontent of content of content of content of content of content ofcommunications, communications, communications, communications, communications, communications,including procuring including including including including including producingof the content of procurement of the procurement of the procurement of the procurement of the of the content ofdata, either directly, content of data, content of data, content of data, content of data, data, either directly,through access and either directly, either directly, either directly, either directly, through access anduse of a computer through access and through access and through access and through access and use of the computersystem or indirectly, use of a computer use of a computer use of a computer use of a computer or computer andthrough the use of system or indirectly, system or indirectly, system or indirectly, system or indirectly, communicationselectronic through the use of through the use of through the use of through the use of network oreavesdropping or electronic electronic electronic electronic indirectly, throughtapping devices, at eavesdropping or eavesdropping or eavesdropping or eavesdropping or the use of electronicthe same time that tapping devices, at tapping devices, at tapping devices, at tapping devices, at eavesdropping orthe communication the same time that the same time that the same time that the same time that tapping devices, atis occurring; the communication the communication the communication the communication the same time that is occurring. is occurring. is occurring is occurring the communication is occurring;No provision No provision No provision No provision No provision No provision No provision r) Making available - refers to the placing of internet or online devices, including but not limited to, the creation or compilation of hyperlinks in order to facilitate access to such devices, for the use of others;No provision No provision No provision No provision No provision No provision No provision s) Minor - refers to a person below eighteen (18) years of age or those beyond eighteen (18) years of age but whose mental capacity is that of a person below eighteen (18) years of age;No provision No provision No provision No provision No provision No provision No provision t) Non-Public Transmission - refers to the transmission
  11. 11. of information or computer data between computer or computer and communications networks that are not configured for public access;No provision No provision No provision No provision No provision No provision No provision u) Procuring Data or Material - refers to the act of actively obtaining data, information or material by downloading the same from a computer or computer and communications network;No provision No provision No provision No provision No provision No provision No provision v) Protected Computers - refer to any computer exclusively for the use of a financial institution or the government, or in the case of a computer not exclusively for use, used by or for a financial institution or the government, and the conduct constituting the offenses affects that use by or for the financial institution or the government;No provision No provision No provision No provision No provision No provision No provision w) Protected Works - refer to works, including but not limited to computer
  12. 12. programs, systems, and design, protected under applicable Philippine laws;No provision (j) Phishing j) Phishing J. Phishing J. Phishing No provision No provision No Provision refers to the act of refers to the act of refers to the act of refers to the act of securing personal securing personal securing personal securing personal information such as information such as information such as information such as username, username, username, username, password, bank password, bank password, bank password, bank account numbers account numbers account numbers account numbers and credit card and credit card and credit card and credit card details for the details for the details for the details for the purpose of using it in purpose of using it in purpose of using it in purpose of using it fraud, or for fraud, or for fraud, or for in fraud, or for participating in participating in participating in participating in fraudulent business fraudulent business fraudulent business fraudulent business practices, or for the practices, or for the practices, or for the practices, or for the purpose of identity purpose of identity purpose of identity purpose of identity theft and theft and theft and theft and misrepresentation misrepresentation. misrepresentation. misrepresentation.j) Service Provider - (k) Service provider (k) Service provider K. Service provider K. Service provider No provision No provision x) Service Provider -refers to: refers to: (1) any refers to: (1) any refers to: (1) any refers to: (1) any refers to the public or private public or private public or private public or private provider of: i. any public entity that provides entity that provides entity that provides entity that providesor private entity that to users of its service to users of its service to users of its service to users of its service i.provides to users of the ability to the ability to the ability to the ability to telecommunicationits service the ability communicate by communicate by communicate by communicate by s and internet orto communicate by means of a means of a means of a means of a online services ormeans of a computer system; or computer system; or computer system; or computer system; or network access, orcomputer system, (2) any other entity (2) any other entity (2) any other entity (2) any other entity the operator ofand that processes or that processes or that processes or that processes or communications ii. any other stores computer stores computer stores computer stores computer and networkentity that processes data on behalf of data on behalf of data on behalf of data on behalf of facilities therefor,or stores computer such communication such communication such communication such communication including entitiesdata on behalf of service or users of service or users of service or users of service or users of offering thesuch communication such service. such service. such service. such service. transmission,service or users of routing, orsuch service; providing of connections for internet or online communications,
  13. 13. digital or otherwise, between or among points specified by a user, of electronic documents of the users choosing; or ii. any other entity that processes or stores information on behalf of such communication service or users of such service;k) Subscribers (l) Subscriber’s (l) Subscriber’s L. Subscriber’s L. Subscriber’s NO PROVISION NO PROVISION y) SubscribersInformation - refers information refers to information refers to information refers to information refers to Information - refersto any information any information any information any information any information to any informationcontained in the contained in the contained in the contained in the contained in the contained in theform of computer form of computer form of computer form of computer form of computer form of computerdata or any other data or any other data or any other data or any other data or any other data or any otherform that is held by form that is held by form that is held by form that is held by form that is held by form that is held bya service provider, a service provider, a service provider, a service provider, a service provider, a service provider,relating to relating to relating to relating to relating to relating to thesubscribers of its subscribers of its subscribers of its subscribers of its subscribers of its subscribers of itsservices other than services other than services other than services other than services other than services other thantraffic or content traffic or content traffic or content traffic or content traffic or content traffic or contentdata and by which data and by which data and by which data and by which data and by which data and by whichcan be established; can be established: can be established: can be established: can be established: can be established: (1) the type of (1) the type of i. The type of communication communication i. the type ofcommunication service used, the service used, the communicationservice used, the technical provisions technical provisions service used, thetechnical provisions (1) the type of taken thereto and taken thereto and technical provisionstaken thereto and (1) the type of communication the period of service; the period of taken thereto andthe period of communication service used, the (2) the subscriber’s service; the period of service.service; service used, the technical provisions identity, postal or (2) the subscriber’s technical provisions taken thereto and geographic address, identity, postal or ii. theii. The subscribers taken thereto and the period of service; telephone and other geographic address, subscribers identity,identity, postal or the period of service; access number, any telephone and other postal or geographicgeographic address, assigned network access number, any address, telephonetelephone and other address, billing and assigned network and other accessaccess number, any (2) the subscriber’s (2) the subscriber’s payment address, billing and number, anyassigned network identity, postal or identity, postal or information, payment assigned network
  14. 14. address, billing and geographic address, geographic address, available on the information, address, billing andpayment telephone and other telephone and other basis of the service available on the paymentinformation, access access number, any agreement or basis of the service information,available on the number, any assigned network arrangement; or (3) agreement or available on the basisbasis of the service assigned network address, billing and any other available arrangement; or of the serviceagreement or address, billing and payment information on the (3) any other agreement orarrangement; payment information, site of the available arrangement; information, available on the installation of information on theiii. Any other available on the basis of the service communication site of theavailable basis of the service agreement or equipment, available installation ofinformation on the agreement or arrangement; or on the basis of the communicationsite of the arrangement; or service agreement or equipment, availableinstallation of arrangement. on the basis of thecommunication service agreement orequipment, available (3) any other arrangement.on the basis of the (3) any other availableservice agreement or available information on thearrangement. information on the site of the site of the installation of installation of communication communication equipment, available equipment, available on the basis of the on the basis of the service agreement or service agreement or arrangement. arrangement.No provision No provision No provision No provision No provision No provision No provision z) Suppression of Computer Data - refers to any action that prevents or terminates the availability of the data to the person who has access to the computer or computer and communications network on which it was stored;No provision No provision No provision No provision No provision No provision No provision aa) By Technical Means - refers to the use of technical devices which are fixed to transmission
  15. 15. lines, as well as devices such as software, passwords, and codes to collect and/or record wireless communications or those communications passing through, or generated by computer or computer and communications networks;1) Traffic Data or (m) Traffic data or (m) Traffic data or M. Traffic data or M. Traffic data or NO PROVISION NO PROVISION bb) Traffic Data orNon-Content Data - non-content data non-content data non-content data non-content data Non-Content Data -refers to any refers to any refers to any refers to any refers to any refers to anycomputer data other computer data other computer data other computer data other computer data other computer data otherthan the content of than the content of than the content of than the content of than the content of than the content ofthe communication, the communication the communication the communication the communication the communication,including but not including, but not including, but not including, but not including, but not including but notlimited to the limited to, the limited to, the limited to, the limited to, the limited to thecommunications communication’s communication’s communication’s communication’s communicationsorigin, destination, origin, destination, origin, destination, origin, destination, origin, destination, origin, destination,route, time, date, route, time, date, route, time, date, route, time, date, route, time, date, route, time, date,size, duration, or size, duration or type size, duration or type size, duration or type size, duration or type size, duration, ortype of underlying of underlying of underlying of underlying service of underlying service type of underlyingservice. service. service. service, among othersNo Provision No Provision No Provision No Provision No Provision No Provision SEC 4. Prohibited No Provision Activities. – It shall be unlawful: A. to use and operate a computer or computer network primarily to facilitate criminal activity or primarily to commit activities prohibited under the Revised Penal Code and other special

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