Cyber Crime Law

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Digital Martial Law in the Philippines

I.Introduction

The first record cybercrime took place in year 1820! That is not surprising considering the fact that the abacus, which is thought to be the earliest form of computer, has been around since 3500 B.C in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage. Today computers have come a long way, with neural networks and nano-computing promising to turn every atom in a glass of water into a computer capable of performing a billion operations per second. Cybercrime is an evil having its origin in the growing dependence on computers in modern life. In a day and age when everything from microwave ovens and refrigerators to nuclear power plants is being run by the computer systems. Cybercrime has assumed and sinister implications as well.

In this modern day and age where the internet has become a potent tool of exchange of information and communication, the passage of law against freely expressing one’s thoughts online through various media has also become a possible tool of oppression. What do you think about the passage of the Cybercrime Prevention Act of 2012 in the Philippines? According to Cybercrime Prevention Act of 2012 also known as Republic Act No. 10175is the first law in the Philippines which specifically criminalizes computer crimes. Aims to address legal issues concerning online transactions. Among the cybercrime offenses included in the bill are cyber squatting, cybersex, child pornography, identity theft, illegal access to data and libel. Surely, this law aims to stop or lessen cybercrimes in the Philippines, but some contents of it really go against the Freedom of Expression and Privacy. The Philippine Government’s intention in passing the bill as law maybe purely for the intention of providing adequate security to the Filipino “netizens” in the cyberspace, however, we think that those who crafted the law did not really considered the pulse of the public with regards to passing it as law, more so to the negative implications some provisions of it could bring to the public.

Generally, the said law speaks for our freedom’s confinement. But wait, isn’t our country under the power of democracy? How come such ironic matter takes its toll without the citizen’s tolerance? Unfortunately, that’s where the biggest doubt currently dwells. Coming directly from the mouth of one of the world’s greatest philosophers, Aristotle “Democracy is when the indigent and not the men of property, are the rulers”. Now, is Cybercrime Law a serious threat to democracy?

Rationale for the study

Since new cybercrimes arise by the leap development telecommunications and information technologies, researches must face such challenges with a totally different thought and technical skills. Let us accept the reality that we are totally dependent and reliant to our computers. The purpose of this research is to give all the people a clear picture on the nature of Cybercrime Law, and to investigate it’s advantages and threats as a Filipno “netizens” who lives in a democratic country.

Theoretical and Conceptual foundations of the study
Cyberspace has become the platform of the best and worst things that people can come up with when they’re online. While it’s a hotbed of game-changing ideas and artistic expression, it has also turned into a breeding ground for trolls and cyberthugs. That being said, well meaning Pinoy lawmakers thought it best to pass Republic Act No. 10175 or The Cybercrime Prevention Act of 2012. But wait! There’s a catch. This very same law that professes to protect us from those who would do us wrong via digital means also threatens to take away our freedom to say what we want. For us to become more aware in other forms of cybercrime, here are the categories according to Nandini, (Aug06) on his articles, which are cybercrimes...
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