CYBERCRI

ME
 WHAT IS
CYBERCR
IME?
CYBERC
RIME
Cybercrime is a crime involving a
computer or computer network.
The computer may have been
used in committing the crime, or it
may be the target. Cybercrime
may harm someone's security or
finances.
 Various categories of
Cybercrime.

AGAINST AGAINST AGAINST

PERSONS PROPERTY GOVERNMENT
AGAINST
Cybercrimes committed against persons
PERSONS
include various crimes like transmission
of child pornography, harassment of any
one with the use of a computer such as
e-mail, and cyberstalking.
The distribution, posting, and
dissemination of obscene material
including pornography, indecent
exposure, and child pornography,
constitutes one of the most known
AGAINST
PROPERTY
The second category of Cybercrimes is
that of Cybercrimes against all forms of
property. These crimes include
unauthorized computer trespassing
through cyberspace, computer vandalism,
transmission of harmful programs, and
unauthorized possession of computerized
information.
 AGAINST
GOVERNMENT
Cyber Terrorism is one distinct kind of
crime in this category. The growth of
Internet has shown that the medium of
Cyberspace is being used by individuals
and groups to the international
governments as also to threaten the
citizens of a country. This crime manifests
itself into terrorism when an individual
"cracks“ into a government or military
 HACKING

SPAM Examples
MALWARE
PHISHING of
VIRUSES
TROJAN
Cybercri
SPYWARE
ROOTKITS
CYBERCRI
ME LAW
 REPUBLIC ACT NO.
10175
"Cybercrime Prevention
Act of 2012″
 REPUBLIC ACT NO. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR
THE PREVENTION, INVESTIGATION, SUPPRESSION
AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES
 WHY IS THERE A NEED FOR
SUCH LAW?
Cybercrime law aims to prevent cybercrime and keep
people (and their countries) safe from criminals,
terrorists, and other cybercrime committing entities.
Since these are often borderless crimes, the laws
regulating them are also aimed at defining whose
jurisdiction they fall under.
Any discussion of cybercrime in the Philippines starts
with reference to the "I Love You" virus unleashed
 WHY IS THERE A NEED FOR
SUCH LAW?
Cybercrime law aims to prevent cybercrime and keep
people (and their countries) safe from criminals,
terrorists, and other cybercrime committing entities.
Since these are often borderless crimes, the laws
regulating them are also aimed at defining whose
jurisdiction they fall under.
Any discussion of cybercrime in the Philippines starts
with reference to the "I Love You" virus (by Onel de
 Some Terms to be
• Access
familiarized
– refers to the instruction, communication with, storing data
in, retrieving data from, or otherwise making use of any
resources of a computer system or communication network.
• Cyber
– refers to a computer or a computer network, the electronic
medium in which online communication takes place.
• Interception
– refers to listening to, recording, monitoring or surveillance
of the content of communications, including procurement of
the content of data, either directly, through access and use of
a computer system or indirectly, through the use of electronic
 Section 4: Punishable Acts
• Offenses against the confidentiality, integrity and
availability of computer data and systems
• Computer-related Offenses
• Content-related Offenses
Offenses against the
confidentiality,
integrity and
availability of
computer data and
systems
Offenses against the confidentiality, integrity and
availability of computer data and systems
1. Illegal Access – The intentional access to the whole or
any part of a computer system without right;
2. Illegal Interception – The intentional interception
made by TECHNICAL MEANS
Exception: Employee or agent of a service provider
Exception to the Exception: Except that the latter shall
not utilize service observing or random monitoring
except for mechanical or service control quality checks;
3. Data Interference – The intentional or reckless
alteration, damaging, deletion or deterioration of
Offenses against the confidentiality, integrity and
availability of computer data and systems
5. Misuse of Devices.
a. The use, PRODUCTION, SALE, PROCUREMENT,
IMPORTATION, DISTRIBUTION or otherwise MAKING
available intentionally and without right, of:
aa. A device for the purpose of committing any of
the offenses
ab. 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 the intent that
it be used for the purpose of committing any of the
Offenses against the confidentiality, integrity and
availability of computer data and systems
6. Cyber-squatting
a. The ACQUISITION OF A DOMAIN name over the
internet in bad faith to profit, mislead, destroy
reputation, and DEPRIVE OTHERS FROM REGISTERING
THE SAME.
aa. Similar, identical, or confusingly similar to an
existing trademark registered with the appropriate
government agency at the time of the domain name
registration:
ab. Identical or in any way similar with the name of
Offenses against the confidentiality, integrity and
availability of computer data and systems
6. Cyber-squatting
a. The ACQUISITION OF A DOMAIN name over the
internet in bad faith to profit, mislead, destroy
reputation, and DEPRIVE OTHERS FROM REGISTERING
THE SAME.
aa. Similar, identical, or confusingly similar to an
existing trademark registered with the appropriate
government agency at the time of the domain name
registration:
ab. Identical or in any way similar with the name of
Computer-related
Offenses
 Computer-related Offenses

1. Computer Forgery.
a. The intentional input, alteration, deletion or
suppression of any computer data, without right
resulting in unauthentic 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;
b. The act of knowingly using a computer data which
is the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent or
 Computer-related Offenses

2. Computer-related Fraud
a. the intentional and unauthorized input, alteration,
or deletion of computer data or program or interference
in the functioning of a computer system including, but
not limited to, phishing, causing damage thereby, WITH
THE INTENT of procuring an economic benefit for oneself
or for another person or for the perpetuation of a
fraudulent
3. Computer-related Identity Theft
a. The intentional acquisition, use, misuse, transfer,
Content-related
Offenses
 Computer-related Offenses

1. Cybersex
a. includes any form of interactive prostitution and
other forms of obscenity through the cyberspace as the
primary channel with the use of webcams, by inviting
people either here or in other countries to watch men,
women and children perform sexual acts;
2. Child Pornography
a. 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-related Offenses

3. Unsolicited Commercial Communications

a. The transmission of commercial electronic
communication with the use of a computer system which
seeks to advertise, sell or offer for sale products and
services are prohibited unless:
 Computer-related Offenses

3. Unsolicited Commercial Communications (exemption)

a. There is a prior affirmative consent from the
recipient; or
b. The following conditions are present:
-The commercial electronic communication
contains a simple, valid and reliable way for the recipient
to reject receipt of further commercial electronic
communication from the same source, also referred to
as opt-out;
-The commercial electronic communication does
not purposely disguise the source of the electronic
 Computer-related Offenses

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.
 All crimes defined and penalized by the
Revised Penal Code, as amended, and special
criminal laws committed by, through and
with the use of information and
communications technologies shall be
covered by the relevant provisions of this
Act. 20
Other Offenses
 Section 5: Other Offenses

1. Aiding or Abetting in the Commission of Cybercrime

– Any person who willfully abets, aids or financially
benefits in the commission of any of the offenses
enumerated in this Act shall be held liable; or
2. Attempt to Commit Cybercrime
– Any person who willfully attempts to commit any of
the offenses enumerated in this Act shall be held liable.
 Section 6: Other Offenses

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
 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 (PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both.

• Any person found guilty of the punishable act

under Section 4(a)(5) shall be punished with
 Section 8. Penalties

• 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 (PhP500,000.00) up to
maximum amount commensurate to the damage
incurred or both, shall be imposed.

• Any person found guilty of any of the

punishable acts enumerated in Section 4(c)(1) of
 Section 8. Penalties

• Any person found guilty of any of the punishable

acts enumerated in Section 4(c)(2) of this Act shall
be punished with the penalties as enumerated in
Republic Act No. 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 No.
9775, if committed through a computer system.
• Any person found guilty of any of the
 Section 8. Penalties

• Any person found guilty of any of the punishable

acts enumerated in Section 5 shall be punished
with imprisonment one (1) degree lower than that
of the prescribed penalty for the offense or a fine
of at least One hundred thousand pesos
(PhPl00,000.00) but not exceeding Five hundred
thousand pesos (PhP500,000.00) or both.
 Section 10. Enforcement and Implementation

• Law Enforcement Agencies: PNP and NBI

 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.

• LIMITATION: Traffic data refer only to the

communication’s origin, destination, route, time,
date, size, duration, or type of underlying service,
 RIGHTS ALLEGEDLY VIOLATED

• FREEDOM OF EXPRESSION
• FREEDOM OF PRESS
• DUE PROCESS
• EQUAL PROTECTION
• PRIVACY OF COMMUNICATION
 Sections that are violative of our constitutional
rights
• Sec 4c4 – reclassifying libel as cybercrime
• Sec 6 – increase punishment
• Sec 7 – double jeopardy
• Sec 12 – warrantless search
• Sec 19 – restriction to content mandated by DOJ
to service providers without judicial determination