Cybercrime Prevention Act of 2012 or Republic Act No. 10175
Cybercrime Prevention Act of 2012 or Republic Act No. 10175 was signed into law on 12 September 2012. What are the Cybercrime Offenses? offenses against confidentiality, integrity and availability of computer data and systems includes illegal access, illegal interception, data interference, system interference, misuse of device and cybersquatting computer related offenses this includes computer-related forgery, fraud, identity theft content-related offenses this includes cybersex, child pornography, unsolicited commercial communications and libel
The definition under the Revised Penal Code (RPC) for libel is followed: public and malicious imputation of a crime, or of a vice, or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Unsolicited commercial communications refer to the transmission of commercial electronic communication with the use of computer system which seek to advertise, sell or offer for sale products and services The law also punishes those who aids or abets in the commission of the cybercrime as well as those who attempt to commit the same. Penalties to be imposed include imprisonment of prision mayor or 12 years plus a fine ranging from P200,000 up to P1,000,000. Under Sec. 12, law enforcement authorities shall be authorized to collect or record traffic data in real time associated with specified communications transmitted by means of a computer system. o The requirement for this is “due cause” and no warrant is necessary. o Traffic data refer to communication’s origin, destination, route, time date, size, duration or type à but excludes content. o To seize or disclose content, a court warrant is necessary. Under Section 19, the Department of Justice can issue an order to restrict or block access to the computer data, should the
The definition under the Revised Penal Code (RPC) for libel is followed: public and malicious imputation of a crime, or of a vice, or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Unsolicited commercial communications refer to the transmission of commercial electronic communication with the use of computer system which seek to advertise, sell or offer for sale products and services The law also punishes those who aids or abets in the commission of the cybercrime as well as those who attempt to commit the same. Penalties to be imposed include imprisonment of prision mayor or 12 years plus a fine ranging from P200,000 up to P1,000,000. Under Sec. 12, law enforcement authorities shall be authorized to collect or record traffic data in real time associated with specified communications transmitted by means of a computer system. o The requirement for this is “due cause” and no warrant is necessary. o Traffic data refer to communication’s origin, destination, route, time date, size, duration or type à but excludes content. o To seize or disclose content, a court warrant is necessary. Under Section 19, the Department of Justice can issue an order to restrict or block access to the computer data, should the