Digital Laws and

Ethics in
Business
Computer and Internet Cyber Crimes

1. Phishing
Phishing is when criminals send fraudulent emails pretending to be
from legitimate businesses, in an attempt to collect sensitive,
personal information. Often, any links in the email will redirect to a
website owned by the scammer, so always be careful about what
information you give out on the Internet.

2. Harassment
Cyberstalkers use electronic communication, such as email, social
media, or websites to stalk and harass people. Forms of online
harassment include slander, libel, false accusations, threats, or any
other behavior that demeans or embarrasses someone. Sentences
for cyberstalking can include jail time and hefty fines.
3. Ransomware
Cyber criminals can install malicious software on your system that will
essentially hold your important information hostage until you meet their
demands. A common ransomware attack will shut down a victim’s
computer or encrypt their files, agreeing to release them only if the
victim pays a ransom. All too often, however, the files are never
recovered.
4. Prostitution
Many escorts will advertise their services in online classifieds, social
media forums, or their own personal websites, making it easy and
discreet for people to find them. But since prostitution is illegal in the
vast majority of the United States, both the escort and the client are
committing a crime.
5. Child Pornography & Solicitation
The National Center for Missing and Exploited Children received over 10
million reports of suspected child sexual exploitation in the last year
alone. Perpetrators will use the Internet to gain access to sexually
explicit images of children, and sometimes even arrange for a face-to-
face meeting.
6. Intellectual Property Theft
More commonly known as piracy, the Internet abounds with
books, music, movies, and more that have been illegally obtained
and made available for free download. Despite what some people
say, piracy is not a victimless crime. Not only do artists and
creators lose out, but many illegal downloads also contain
hidden malware that can destroy your computer.

7. Account Hacking
We all know how important it is to guard our passwords – think
about the damage someone could do if they gained access to
your email account containing all your most personal
information. If someone logs into your email, social media, or
computer without authorization, they could potentially face jail
time.
8. Drug Trafficking
With the rise of cryptocurrency, the online drug trade has
increased significantly over the past few years. Illegal drugs such as
marijuana, cocaine, meth, ecstasy, and heroin are all just a few
clicks away – and according to research by the Rand Corporation,
over 35% of worldwide revenues from online drug trafficking are
based in the United States.

9. Credit Card Fraud

Half of all credit card fraud begins with spyware, malicious
software unknowingly installed on a victim’s computer or
handheld device. Spyware runs in the background, collecting your
data and sending it back to the criminal, who then uses your card
to make fraudulent purchases.
Applicable Philippine Laws that Penalize Cybercrime

Cybercrime also called computer crime is the use of a computer as an

instrument to further illegal ends such as committing fraud trafficking
child pornography, intellectual property violations, stealing identities
or violation of privacy. The difference between traditional criminal
offences from cybercrime is the use of the computer in committing
such offences. Majorlycybercrime is an attack on the information of
Individuals, governments or corporations.

To combat and prevent cybercrime, the government of the Philippines

introduced the Republic Act No.101175 or Cyber Prevention Act of
2012. This Act was signed by the President of the Philippines Mr.
Benigno Aquino on September 12th of 2012. The original goal of this
Act was to penalize acts like cybersex, child pornography, identity
theft etc.
The key provisions of the Cybercrime Prevention Act of 2012
There are sixteen types of cybercrime covered under the Cybercrime
Prevention Act of 2012. They are:

Illegal Access:
Access to a computer or any application without permission.

Illegal Interception:
Interception of any non-public communication of computer data to,
from, or within a computer system by an unauthorised person.

Data Interference:
Unauthorized tampering with, destroying, deleting, or deteriorating
computer data, electronic documents, or electronic data messages, as
well as the introduction or transmission of viruses. This provision can
also cover authorised activity if the person’s behaviour went beyond the
agreed-upon scope and resulted in the damages listed in this provision.
System Interference:
Unauthorized interference with the operation of a computer or
computer network, including the introduction or transmission of
viruses, by inputting, transmitting, damaging, deleting, deteriorating,
altering, or suppressing computer data or programmes, electronic
data messages, or by deleting, deteriorating, altering, or suppressing
them. This provision can also cover authorised activity if the person’s
behaviour went beyond the agreed-upon scope and resulted in the
damages listed in this provision.

Misuse of devices:
Unauthorized use, possession, production, sale, procurement,
importation, distribution, or otherwise making available of gadgets,
computer programmes, or other materials developed or adapted for
committing any of the acts listed in Republic Act 10175.
Unauthorized use of a computer password, access code, or similar
data that allows the entire or a portion of a computer system to be
accessed with the intent of using it to perpetrate any of the offences
listed in Republic Act 10175.
Cybersquatting:
Acquisition of a domain name in bad faith on the internet to profit,
deceive, harm reputation, and prevent others from registering it. This
includes trademarks that were already registered at the time of
registration, names of people other than the registrant, and trademarks
that were purchased with intellectual property interests in them. Those
who get domain names of prominent brands and individuals who in turn
are used to damage their reputation can be sued under this provision.
Note that freedom of expression and infringement on trademarks or
names of persons are usually treated separately. A party can exercise
freedom of expression without necessarily violating the trademarks of a
brand or the names of persons.

Computer Related Forgery:

Unauthorized input, alteration, or deletion of computer data that results
in inauthentic data with the intent that it be considered or acted on for
legal purposes as if it were authentic, regardless of whether the data is
directly readable and intelligible; or the act of knowingly using computer
data that is the product of computer-related forgery as defined here to
perpetuate .
Computer-Related Fraud:
Unauthorized access to, alteration of, or deletion of computer data or
programmes, or interference with the operation of a computer system,
with the purpose to cause damage.

Computer-Related Identity Theft:

Unauthorized acquisition, use, abuse, transfer, possession, change, or
deletion of an individual’s identifying information, whether natural or
legal.

Cybersex:
For favour or consideration, willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious presentation of sexual
organs or sexual activity via a computer system.

Child Pornography:
Unlawful or banned activities conducted through a computer system, as
defined and punished by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009.
Libel:
Acts of libel that are illegal or forbidden under Article 355 of the Revised
Penal Code, as amended, and are committed using a computer system or
any other similar means that may be created in the future. Penal Code
Revision According to Article 355 Libel is defined as defamation of
character by writings or other means. Libel committed by writing,
printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any other similar means is
punishable by prison correctional for the minimum and medium periods,
or a fine ranging from 200 to 6,000 pesos, or both, in addition to any civil
action that the offended party may bring.

Aiding or Abetting in the commission of cybercrime:

Anyone who knowingly assists or abets the conduct of any of the
offences listed in this Act will be held accountable.
Attempt in the commission of cybercrime:
Any person who willfully attempts to commit any of the offences
enumerated in this Act shall be held liable.
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.

Corporate Liability:
(Section 9): 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; or (b) an authority to make decisions
on behalf of the juridical person. It also includes the commission of any of
the penal acts made possible due to the lack of supervision, provided that
the act committed falls within the scope of such authority; or(c) an
authority to exercise control inside the juridical person.
Intellectual Property Law

Intellectual Property law deals with laws to protect and enforce rights
of the creators and owners of inventions, writing, music, designs and
other works, known as the "intellectual property."

There are several areas of intellectual property including

copyright, trademarks, patents, and trade secrets.

Copyright Law protects the rights of creators in their works in fine

arts, publishing, entertainment, and computer software. The laws
protect the owner of the work if others copy, present, or display the
owners work without permission.
Trademark Law protects a word, phrase, symbol or design that is used by
an entity to identify its product or service. Examples are Dunkin Donuts
orange and pink sausage style lettering, Apple’s apple logo, and Adidas’
three stripes. Trademark owners can prevent others from using their
marks, or marks which are confusingly similar so that consumers would not
be able to identify the source. Federal and state laws govern trademarks but
the Lanham Act is the primary source of trademark protection. These laws
protect against infringement and dilution. Rights in trademarks are gained
by being the first to use a trademark in commerce or being the first to
register the mark with the United States Patent and Trademark Office.

Patent Law grants protection for new inventions which can be products,
processes or designs and provides a mechanism for protection of the
invention.The patent law promotes the sharing of new developments with
others to foster innovation. The patent owner has the right to protect others
from producing, using, distributing or importing the protected item.
Essentially the patent is a property right that can be licensed, sold,
mortgaged or assigned.
Trade Secrets are business practices, formulas, designs or
processes used in a business, designed specifically to provide a
competitive advantage to a business. These trade secrets would not
be otherwise known to an “outsider” of the business. An example
of this is the formula for Coca Cola. Trade secrets are protected
without registration and appropriate steps should be taken by the
owner to maintain confidentiality.
Social Networking
Social Networking refers to the use of internet-based social
media sites to stay connected with friends, family, colleagues, or
customers. Social networking can have a social purpose, a business
purpose, or both, through sites like Facebook, Twitter, Instagram, and
Pinterest.

Social networking is also a significant opportunity for marketers

seeking to engage customers. Facebook remains the largest and most
popular social network, with 2.91 billion people using the platform on
a monthly basis, as of Dec. 31, 2021.1 Instagram, Twitter, and Pinterest
are among the next most popular, according to Statista.
Major Social Networking Platforms
 Facebook
Facebook is a social network that offers users the opportunity to connect
with people, businesses, and organizations. They can post updates and
respond to the posts of others. They can share photographs and links to
online content. Users can chat live, and upload and share video.

 Instagram
Instagram is a social network that focuses on sharing visual media like
photos and videos. It's similar to Facebook in that users create a profile
and have a news feed. It allows users to upload media that can be edited
with filters and organized by hashtags and geographical tagging. Posts
can be shared publicly or with followers.
 Twitter
Twitter is a social network that allows people to communicate with
short messages called tweets. Tweets are limited by the social
platform to 280 characters. Users post tweets that may be useful,
interesting, or even inflammatory for readers.

 Pinterest
Pinterest is a social networking site that promotes image saving
and sharing using a virtual pinboard. It's an innovative platform
that facilitates the cataloguing and organizing of meaningful
information for individuals.