Q&A Cybercrime Prevention Act

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MEMORANDUM

Date:

November __, 2016

For:

Mary Thel T. Mundin

From:

Marck Macaraeg Rafael Cuayo Juico

Re:

Republic Act No. 10175 – Cybercrime Prevention Act of 2012

This memorandum provides a summary of Republic Act No. 10175 (“R.A. 10175”) through a question and answer format. I.

Preliminary Matters

1. What is R.A. 10175? R.A. 10175 or “An Act Defining Cybercrime, providing for the Prevention, Investigation, Suppression and the Imposition of Penalties therefor and for Other Purposes”, also known as the Cyber Crime Prevention Act of 2012, is a law in the Philippines approved on September 12, 2012. It aims to define and penalize certain acts concerning online interactions and internet use in the Philippines. 2. What is the purpose of R.A. 10175? R.A. 10175 was enacted to provide the State with sufficient powers to effectively protect and safeguard the integrity of the 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, abuse, and illegal access by making such conduct punishable under the law.1 3. Define the following key terms: a. II.

Punishable Acts

4. What are the different offenses punished under R.A. 10175? Broadly, the cybercrime offenses penalized under R.A. 10175 may be classified into the following:

1 Section 2.

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(a) Offenses against the confidentiality integrity of computer data and systems; (b) Computer-related offenses; (c) Content-related offenses; and (d) Other offenses. 5. What are the offenses against the confidentiality, integrity and availability of computer data and systems? The specific offenses against the confidentiality, integrity, and availability of computer data and systems are the following: (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 message, 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 intent to use said devices for the purpose of committing any of the offenses under this section. (6)Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from 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.

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6. What are computer-related offenses? 7. What are content-related offenses? III.

Penalties

8. What are the penalties for the foregoing offenses? 9. Are juridical persons penalized? IV.

Enforcement and Implementation

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Who shall enforce R.A. 10175? 11. What are the different duties and responsibilities of the law enforcement agencies? 12. Are law enforcement agencies allowed to conduct search and seizure operations? 13. Are there any other powers and responsibilities of the law enforcement agencies?

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Jurisdiction 14. Who has jurisdiction to hear cases involving violations of R.A. 10175?

VI.

International Cooperation

15.

How is interational cooperation handled?

VII.

Competent Authorities

16.

What is the Office of Cybercrime?

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Who composes the Cybercrime division?

18.

What are their duties and responsibilities?