PHILIPPINES CYBERCRIME LAW

View previous topic View next topic Go down

PHILIPPINES CYBERCRIME LAW

Post  Admin on Sat Oct 27, 2012 11:40 pm

Republic of the Philippines
Congress of the Philippines
Metro
Manila
Fifteenth Congress
Second Regular Session


Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two
thousand eleven.

[ Republic Act No. 10175 ]

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted, by the Senate and House of Representatives of the Philippines
in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the “Cybercrime
Prevention Act of 2012″.

Section 2. Declaration of Policy. – The State recognizes the vital role of
information and communication industries such as content production,
telecommunications, broadcasting, electronic commerce, and data processing, in
the nation’s overall social and economic development. The State also recognizes
the importance of providing an environment conducive to the development,
acceleration, and rational application and exploitation of information and
communications technology (ICT) to attain free, easy, and intelligible access to
exchange and / or delivery of information, and the need to protect and safeguard
the integrity of computer, computer and communications systems, networks, and
databases, and the confidentiality, integrity, and availability of information,
and data stored therein, from all forms of misuse, abus, and illegal access by
making punishable under the law such conduct or conducts. In this light, the
State shall adopt sufficient powers to effectively prevent and combat such
offenses by facilitating their detection, investigation, and prosecution at both
the domestic and international levels, and by providing arrangements for fast
and reliable international cooperation.

Section 3. Definition of Terms. – For purposes of this Act, the following
terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a computer
system of communication network.

(b) Alteration refers to the modification or change, in form or substance, of
an existing computer data or program.

(c) Communication refers to the transmission of information through ICT
media, including voice, video, and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electromechanical,
or other data processing or communications device, or grouping of such devices,
capable of performing logical, arithmetic, routing, or storage functions and
which includes any storage facility, or equipment or communications facility or
equipment directly related to or operating in conjunction with such device. It
covers any type of computer device including devices with data processing
capabilities like mobile phones, smart phones, computer networks and other
devices connected to the Internet.

(e) Computer data refers to any representation of facts, information, or
concepts in a form suitable for processing in a computer system including a
program suitable for processing in a computer system including a program
suitable to cause oa computer system to perform a function and includes
electronic documents and / or electronic data messages whether stored in local
computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer
to achieve intended results.

(g) Computer system refers to any device or group of interconnected or
related devices, one or more of which pursuant to a program, performs automated
processing of data. It covers any type of device with data processing
capabilities including, but not limited to, computers and mobile phones. The
device consisting of hardware and software may include input, output and storage
components which may stand alone or be connected in a network or other similar
devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertake without or in
excess of authority; or (ii) conduct not covered by established legal defenses,
excuses, court orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium
in which online communication takes place.

(j) Critical infrastructure refers to the computer systems, and / or
networks, whether physical or virtual, an / or the computers, computer data and
/ or traffic data so vital to this country that the incapacity or destruction of
or interference with such system and assets would have debilitating impact on
security, national or economic security, national public health and safety, or
any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk
management approaches, actions, training, best practices, assurance and
technologies that can be used to protect the cyber environment and organization
and user’s assets.

(l) Database refers to a representation of information, knowledge, facts,
concepts or instructions which are being prepared, processed, or stored or have
been prepared, processed or stored in a formalized manner and which are intended
for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or
surveillance of the content of communications, including procuring of the
content of data, either directly, through access and use of a computer system or
indirectly, through the use of electronic eavesdropping or tapping devices, at
the same time that the communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the
ability to communication by means of a computer system, and

(2) Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.

(o) Subscriber’s information refers to any information contained in the form
of computer data or any other form that is held by a service provider, relating
to subscribers of its services other than traffic or content data and by which
identity can be established:

(1) The type of communication service used, the technical provisions taken
thereto and the period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and
other access numbers, any assigned network address, billing, and payment
information, available on the basis of the service agreement or arrangement,
and

(3) Any other available information on the site of the installation of
communication equipment, available on the basis of the service agreement or
arrangement.

(p) Traffic data or non-content data refers to any computer data other than
the content of the communication including, but not limited to, the
communication’s origin, destination, route, time, data, size, duration, or type
of underlying service.

CHAPTER II
PUNISHABLE ACTS

Section 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
messages, 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 the intent to use said devices for the purpose of committing any of
the offenses under this section.

(6) Cyber-squatting. The acquisition of domain name over the Internet in bad
faith to profit, mislead, destroy reputation, and deprive others from the
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 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 here, 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 imposed 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 imposed 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 one (1) degree higher than that provided for in Republic Act No.
9775.

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

(1) 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.

Section 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.

Section 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.

Section 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

Section 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
(P200,000) up to a maximum amount commensurate to the damage incurred or
both.

Any person found guilty of any of the punishable acts under Sections 4(a)(5)
shall be punished with imprisonment of prision mayor or a fine of not more than
Five hundred thousand pesos (P500,000) 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 (P500,000) up to a maximum amount commensurate to the
damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Sections
4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a
fine of at least Two hundred thousand pesos (P200,000) but not exceeding One
million pesos (P1,000,000) or both.

Any person found guilty of any of the punishable acts enumerated in Sections
4(c)(2) of this Act shall be punished with the penalties as enumerated in
Republic Act 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 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Sections
4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at
least Fifty thousand pesos (P50,000) but not exceeding Two hundred fifty
thousand pesos (P250,000) or both.

Any person found guilty of any of the punishable acts enumerated in Sections
5 of this Act shall be punished with imprisonment of one (1) degree lower than
that of the prescribed penalty for the offense or a fine of at least One hundred
thousand pesos (P100,000) but not exceeding Five hundred thousand pesos
(P500,000) or both.

Section 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 (P10,000,000).

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 finds
imposable in Section 7 up to a maximum of Five million pesos (P5,000,000).

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

Chapter IV
Enforcement and Implementation

Section 10. Law Enforcement Authorities. The National Bureau of Investigation
and the Philippine National Police shall be responsible for the efficient and
effective law enforcement of the provisions of this Act. The NBI and the PNP
shall organize a cybercrime unit or center manned by special investigators to
exclusively handle cases involving violations of this Act.

Section 11. Duties of Law Enforcement Authorities. To ensure that the
technical nature of cybercrime and its prevention is given focus and considering
the procedures involved for international cooperation, law enforcement
authorities specifically the computer or technology crime divisions or units
responsible for the investigation of cybercrimes are required to submit timely
and regular reports including pre-operation, post operation, and investigation
results and such other documents as may be required to the Department of Justice
for review and monitoring.

Section 12. Real-time Collection of Traffic Data. – Law enforcement
authorities, with due cause, shall be authorized to collect or record by
technical or electronic means traffic data in real time associated with
specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route,
time, date, size, duration, or type of underlying service, but not content, nor
identities..

All other data to be collected or seized or disclosed will require a court
warrant.

Service providers are required to cooperate and assist law enforcement
authorities in the collection or recording of the above-stated information.

The court warrant under this section shall only be issued or granted upon
written application and the examination under oath or affirmation of the
applicant and the witnesses he may produce and the showing: (1) that there are
reasonable grounds to believe that any of the crimes enumerated herein above has
been committed, or is being committed, is about to be committed; (2) that there
are reasonable grounds to believe that evidence that will be obtained is
essential to the conviction of any person for, or to the solution or, or to the
prevention of any such crimes, and (3) that there are no other means readily
available for obtaining such evidence.

Section 13. Preservation of Computer Data. The integrity of traffic data and
subscriber information relating to communication services provided by a service
provider shall be preserved for a minimum of six (6) months period from the date
of the transaction. Content data shall be similarly preserved for six (6) months
from the date of receipt of the order from law enforcement authorities requiring
its preservation.

Law enforcement authorities may order a one-time extension of another six (6)
months. Provided, That once computer preserved, transmitted or stored by service
provided is used as evidence in a case, the mere furnishing to such service
provider of the transmittal document to the Office of the Prosecutor shall be
deemed a notification to preserve the computer until the termination of the
case.

The service provider ordered to preserve computer data shall keep
confidential the order and its compliance.

Section 14. Disclosure of Computer Data. – Law enforcement authorities, upon
securing a court warrant, shall issue an order requiring any person or service
provider to disclose or submit subscriber’s information, traffic data or
relevant data in his / its possession or control within seventy-two (72) hours
from receipt of the order in relation to a valid complaint officially docketed
and assigned for investigation and the disclosure is necessary and relevant for
the purpose of investigation.

Section 15. Search, Seizure, Examination of Computer Data. – Where a search
and seizure warrant is properly issued, the law enforcement authorities shall
likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as
defined in this Act, and:

(a) To secure a computer system or a computer data storage medium.

(b) To make and retain a copy of those computer data secured.

(c) To maintain the integrity of the relevant stored computer data.

(d) To conduct forensic analysis or examinations of the computer data storage
medium; and

(e) To render inaccessible or remove those computer data in the accessed
computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who
has knowledge about the functioning of the computer system and the measures to
protect and preserve the computer data therein to provide, as is reasonable, the
necessary information to enable the undertaking of the search, seizure and
examination.

Law enforcement authorities may request for an extension of time to complete
the examination of the computer data storage medium and to make a return thereon
but in no case for a period longer than thirty (30) days from date of approval
by the court.

Section 16. Custody of Computer Data. All computer data, including content
and traffic data, examined under a proper warrant shall, within forty-eight (48)
hours after the expiration of the period fixed therein, be deposited with the
court in a sealed package, and shall be accompanies by an affidavit of the law
enforcement authority executing it stating the dates and times covered by the
examination, and the law enforcement authority who access the deposit, among
other relevant data. The law enforcement authority shall also certify that no
duplicates or copies of the whole or any part thereof have been made, or if
made, that all such duplicates or copies are included in the package deposited
with the court. The package so deposited shall not be opened or the recordings
replayed, or used in evidence, or their contents revealed, except upon order of
the court, which shall not be granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose conversation or
communications have been recorded.

Section 17. Destruction of Computer Data. Upon expiration of the periods as
provided in Sections 13 and 15, service providers and law enforcement
authorities, as the case may be, shall immediately and completely destroy the
computer data subject of a preservation and examination.

Section 18. Exclusionary Rule. – Any evidence procured without a valid
warrant or beyond the authority of the same shall be inadmissible for any
proceeding before any court or tribunal.

Section 19. Restricting or Blocking Access to Computer Data. – When a
computer data is prima facie found to be in violation of the provisions of this
Act, the DOJ shall issue an order to restrict or block access to such computer
data.

Section 20. Non-compliance. Failure to comply with the provisions of Chapter
IV hereof specifically the orders from law enforcement authorities shall be
punished as a violation of Presidential Decree No. 1829 with imprisonment of
prision correccional in its maximum period or a fine of One hundred thousand
pesos (P100,000) or both for each and every non-compliance with an order issued
by law enforcement authorities.

Chapter V
Jurisdiction

Section 21. Jurisdiction. The Regional Trial Court shall have jurisdiction
over any violation of the provisions of this Act including any violation
committed by a Filipino national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or partly
situation in the country, or when by such commission any damage is caused to a
natural or juridical person who, at the time the offense was committed, was in
the Philippines.

There shall be designated special cybercrime courts manned by specially
trained judges to handle cybercrime cases.

Chapter VI
International Cooperation

Section 22. General Principles Relating to International Cooperation. – All
relevant international instruments on international cooperation in criminal
maters, arrangements agreed on the basis of uniform or reciprocal legislation,
and domestic laws, to the widest extent possible for the purposes of
investigations or proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic form of a
criminal offense shall be given full force and effect.

Chapter VII
Competent Authorities

Section 23. Department of Justice (DOJ). There is hereby created an Office of
Cybercrime within the DOJ designated as the central authority in all matters
relating to international mutual assistance and extradition.

Section 24. Cybercrime Investigation and Coordinating Center (CICC). There is
hereby created, within thirty (30) days from the effectivity of this Act, an
inter-agency body to be known as the Cybercrime Investigation and Coordinating
Center (CICC), under the administrative supervision of the Office of the
President, for policy coordination among concerned agencies and for the
formulation and enforcement of the national cybersecurity plan.

Section 25. Composition. The CICC shall be headed by the Executive Director
of the Information and Communications Technology Office under the Department of
Science and Technology as Chairperson with the Director of the NBI as Vice
Chairperson; the Chief of the PNP, Head of the DOJ Office of Cybercrime; and one
(1) representative from the private sector and academe, as members. The CICC
shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.

Section 26. Powers and Functions. – The CICC shall have the following powers
and functions:

(a) To formulate a national cybersecurity plan and extend immediate
assistance for the suppression of real-time commission of cybercrime offenses
through a computer emergency response team (CERT).

(b) To coordinate the preparation of appropriate and effective measures to
prevent and suppress cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being handled by participating law
enforcement and prosecution agencies.

(d) To facilitate international cooperation on intelligence, investigations,
training, and capacity building related to cybercrime prevention, suppression,
and prosecution.

(e) To coordinate the support and participation of the business sector local
government units and non-government organizations in cybercrime prevention
programs and other related projects.

(f) To recommend the enactment of appropriate laws, issuances, measures, and
policies.

(g) To call upon any government agency to render assistance in the
accomplishment of the CICC’s mandated tasks and functions.

(h) To perform all other matters related to cybercrime prevention and
suppression, including capacity building and such other functions and duties as
may be necessary for the proper implementation of this Act.

Chapter VIII
FINAL PROVISIONS

Section 27. Appropriations. – The amount of Fifty million pesos (P50,000,000)
shall be appropriated annually for the implementation of this Act.

Section 28. Implementing Rules and Regulations. – The ICTO-DOST, the DOJ, and
the Department of Interior and Local Government (DILG) shall jointly formulate
the necessary rules and regulations within ninety (90) days from approval of
this Act, for its effective implementation.

Section 29. Separability Clause. If any provision of this Act is held
invalid, the other provisions not affected shall remain in full force and
effect.

Section 30. Repealing Clause. All laws, decrees or rules inconsistent with
this Act are hereby repealed or modified accordingly. Section 33(a) of Republic
Act 8792 or Electronic Commerce Act is hereby modified accordingly.

Section 31. This Act shall take effect fifteen (15) days after the completion
of its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of
Representatives

(Sgd.) JUAN PONCE ENRILE
President of the Senate

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No.
5808 was finally passed by the Senate and the House of Representatives on June
5, 2012 and June 4, 2012 respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of
Representatives

(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate

Approved: September 12, 2012

Admin
Transformer

Number of posts : 75
Location : Metro Manila
Job/hobbies : surfing
Registration date : 2008-10-07

View user profile http://philippines.forum-motion.com

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum