Anti-Cyber Crime Law RA 10175

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LESSON 4.3.

5 ANTI-CYBER CRIME LAW

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

Lesson Goal
The lesson aims to provide basic
knowledge to the participants about RA
10175.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

Lesson Objectives
After the lesson, the participants will able to:

1. Define the terms that are important in this


Act.
2. Discuss the punishable acts of RA 10175.
3. Identify the lead agencies that are
responsible in enforcing and implementing
of this Law.
4. Discuss the jurisdiction of this Law.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

BACKGROUND

 The Cybercrime Prevention Act of 2012 is


the law in the Philippines which specifically
criminalizes computer crime.

 It was established under the presidency of


Joseph Estrada, and continued during the
term of President Gloria Macapagal Arroyo.

 The final version of the Act was signed into


law by President Benigno Aquino III on
September 12.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

DEFINITION OF TERMS

a. Access refers to making use of any


resources of a computer system of
communication network.

b. Alteration refers to modification or change,


in form or substance, of an existing
computer data or program.

c. Communication refers to transmission of


information through ICT media

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

DEFINITION OF TERMS

d. Computer refers to an electronic,


magnetic, optical, electromechanical, or
other data processing or communications
device, or grouping of such devices.

e. Computer data refers to any


representation of facts, information, or
concepts in a form suitable for processing
in a computer system.

f. Computer Program refers to set of


instructions executed by the computer to
achieve intended results.
COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

DEFINITION OF TERMS

g. Computer System refers to device or


group of interconnected or related devices,
performs automated processing of data.

h. Cyber refers to a computer or a computer


network, the electronic medium in which
online communication takes place.

i. Cyber security refers to protection of the


cyber environment and organization and
user’s assets.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

DEFINITION OF TERMS

j. Database refers to representation of


information, knowledge, facts, concepts or
instructions which are intended for use in a
computer system.
k. Interception refers to listening recording,
monitoring or surveillance of the content of
communications.

l. Service provider refers to any public or


private entity that provides to users of its
service the ability to communication by
means of a computer system.
COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

DEFINITION OF TERMS

m. 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.

n. Traffic data or non-content data refers to


any computer data other than the content
of the communication.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

DEFINITION OF TERMS

o. Without right refers to either:

 conduct undertake without or in excess of


authority;

 conduct not covered by established legal


defenses, excuses, court orders,
justifications, or relevant principles under
the law.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

PUNISHABLE ACTS

A. Cybercrime Offenses:

1. Offenses against the


confidentiality, integrity,
and availability of computer data
and systems.
2. Illegal access
3. Illegal interception
4. Data Interference
5. System Interference
6. Misuse of devices
7. Cyber-squatting

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

PUNISHABLE ACTS

B. Computer-related Offenses:

1.Computer-related Forgery
2.Computer-related Fraud
3.Computer-related Identity Theft.

C. Content-related Offenses:

1. Cybersex
2. Child Pornography
3. Libel

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

PUNISHABLE ACTS

D. Other Offenses – The following acts


shall also constitute an offense:

1. Aiding or Abetting in the Commission of


Cybercrime

2. Attempt in the Commission of Cybercrime

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

ENFORCEMENT AND
IMPLEMENTATION
A. Law Enforcement Authorities.

National Bureau of Investigation (NBI)


Philippine National Police (PNP)

B. Real-Time Collection of Traffic Data.

Law Enforcement Authority shall collect or


record by technical or electronic means
traffic data in real-time.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

ENFORCEMENT AND
IMPLEMENTATION

C. Preservation of Computer Data


Minimum period of 6 months.

D. 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 .
COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

ENFORCEMENT AND
IMPLEMENTATION
E. Search, Seizure and 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:

1. To secure a computer system or a


computer data storage medium;
2. To make and retain a copy of those
computer data secured;

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

ENFORCEMENT AND
IMPLEMENTATION
E. Search, Seizure and Examination of
Computer Data.

3. To maintain the integrity of the relevant


stored computer data;
4. To conduct forensic analysis or examination
of the computer data storage medium;
5. To render inaccessible or remove those
computer data in the accessed computer or
computer and communications network.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

ENFORCEMENT AND
IMPLEMENTATION
F. Custody of Computer Data
Within forty-eight (48) hours be deposited
with the court in a sealed package.

G. Destruction of Computer Data


Upon expiration of the periods as provided
in Sections 13 and 15.

H. Exclusionary Rule
Any evidence procured without a valid
warrant or beyond the authority of the
same shall be inadmissible for any
COURSE: IOBC
proceeding before any court or tribunal.
LESSON 4.3.5 ANTI-CYBER CRIME LAW

ENFORCEMENT AND
IMPLEMENTATION
I. Restricting or Blocking Access to
Computer Data
The DOJ shall issue an order to restrict or
block access to such computer data.

J. Noncompliance.
Failure to comply with the provisions
hereof specifically the orders from law
enforcement authorities shall be punished
as a violation of Presidential Decree No.
1829.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

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. (SEC. 22)

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

INTERNATIONAL COOPERATION

General Principles Relating to


International Cooperation — All relevant
international instruments on international
cooperation in criminal matters, 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. (SEC. 22)

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

COMPETENT AUTHORITIES

 Department of Justice

 Cybercrime Investigation and Coordinating


Center.

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

SUMMARY

In this lesson we learned the


following:

 Definition the terms used in this Act.

 The punishable acts of RA 10175.

 Identify the lead agencies that are


responsible in enforcing and
implementing of this Law.

 The jurisdiction of this Law.


COURSE: IOBC
LESSON 4.3.5 ANTI-CYBER CRIME LAW

COURSE: IOBC

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