Cybercrime
Cybercrime
R.A. 10175 (Cybercrime Prevention Act of 2012) A computer password, access code, or
o CYBERCRIME, PROVIDING FOR THE similar data
PREVENTION, INVESTIGATION, SUPPRESSION 6. Cyber-squatting – acquisition of a
AND THE IMPOSITION OF PENALTIES THEREFOR domain name over the internet in bad
AND FOR OTHER PURPOSES faith to profit, mislead, destroy
o attain legal online interactions and to protect all reputation, and deprive others from
online users for the possible attacks registering. (Similar, identical, or
o main objective: Preventing any danger harm the confusingly similar to an existing
users; conduct an investigation trademark, Identical, acquired without
LEGAL BACKGROUND right)
o Electronic Commerce Act of 2000 (RA No. 8792) B. Computer-related Offenses
– AN ACT PROVIDING FOR THE RECOGNITION 1. Computer Forgery - intentional input,
AND USE OF ELECTRONIC COMMERCIAL AND alteration, deletion or suppression of
NON -COMMERCIAL TRANSACTIONS AND any computer data; resulting in
DOCUMENTS, PENALTIES FOR UNLAWFUL USE. unauthentic data; product of computer-
ILOVEYOU VIRUS (Onel de Guzman) Love Bug related forgery; fraudulent or dishonest
o Open attached email design
o Replicate itself and send to everyone 2. Computer-related Fraud - intentional
o Replaces jpg and mp3 and unauthorized input, alteration, or
o Scrapes password and send to server deletion of computer data, functioning
ACCESS – instruction, communication with, storing data of a computer system; phishing;
in, retrieving data from, making use of any economic benefit, perpetuation of a
CYBER – computer or network; medium fraudulent
INTERCEPTION - listening to, recording, monitoring or 3. Computer- related Identity Theft -
surveillance of the content; procurement of the content intentional acquisition, use, misuse,
of data, through the use of electronic eavesdropping or transfer, possession, alteration or
tapping devices deletion; belonging to other
C. Content-related Offenses
Section 4: Punishable Acts 1. Cybersex - prostitution and obscenity
A. Offenses against the confidentiality, integrity 2. Child Pornography – R.A 9775 or the
and availability of computer data and systems Anti-Child Pornography Act of 2009
1. Illegal Access – intentional access to the 3. Unsolicited Commercial
whole or any part of a computer system Communications - transmission of
without right commercial electronic communication;
2. Illegal Interception – intentional to advertise, sell or offer for sale
interception made by TECHNICAL products and services are prohibited
MEANS; shall not utilize service 4. Libel - Article 355 of the Revised Penal
observing or random monitoring except Code (paninirang puri)
for mechanical or service control quality
checks Section 5: Other Offenses
3. Data Interference – intentional or 1. Aiding or Abetting in the Commission of
reckless alteration, damaging, deletion Cybercrime –abets, aids or financially benefits
or deterioration of computer DATA 2. Attempt to Commit Cybercrime –attempts to
4. System Interference – intentional commit
alteration or reckless hindering or
interference with the functioning of a Penalties
computer o Sections 4(a) and 4(b) - imprisonment,
5. Misuse of Devices - use, production, PhP200,000.00
sale, procurement, importation, o Section 4(a)(5) - imprisonment, PhP500,000.00
distribution or making available o Section 4(a) infrastructure - reclusion temporal
intentionally and without right; device; PhP500,000.00
ITE: Cybercrime
o Section 4(c)(1) – imprisonment, PhP200,000.00
PhPl,000,000.00
Prision - six years and one day to twelve years