Top-Rated Free Essay

Crime Rate

Good Essays
Topics: Philippines
Nais mong maabot lipunang malayaIbig mong makamit kaginhawaan ng madlaPaano mo mararating ang pangarap na itoKung bulag ka sa nangyayari sa paligid moTainga mo nama’y bingi sa karaingan ng taoDi mo pinapansin ang kanilang pagsusumamo.Pananaw mo sa buhay, bakit ba ganyan?Nais mong tumulong ikaw nama’y nag-aalinlanganIkaw ba’y natatakot iyong karapata’y ipaglaban?O iniisip mo lamang ang sarili mong kapakanan?Nasa pagkilos ang ating paglayaHindi sa pangarap at patunga-tungangaKung hindi ngayon kailan paKaya kilos na, baka masayang ka!
CYBERCRIME LAW PREVENTION ACT OF 2012
The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are HYPERLINK "http://en.wikipedia.org/wiki/Cybersquatting" \o "Cybersquatting" cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.[
While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment in freedom of expression.
On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court."
On May 24, 2013, The DOJ announced that the contentious online libel provisions of the law had been dropped.[4]On February 18, 2014, the Supreme Court ruled that section 5 of the law decision was constitutional, and that sections 4-C-3, 7, 12 and 19 were unconstitutional.
HISTORY
The Cybercrime Prevention Act of 2012 is the first law in the Philippines which specifically criminalizes computer crime, which prior to the passage of the law had no strong legal precedent in Philippine jurisprudence. While laws such as the Electronic Commerce Act of 2000 (Republic Act No. 8792[6]) regulated certain computer-related activities, these laws did not provide a legal basis for criminalizing crimes committed on a computer in general: for example, Onel de Guzman, the computer programmer charged with purportedly writing the ILOVEYOU computer worm, was ultimately not prosecuted by Philippine authorities due to a lack of legal basis for him to be charged under existing Philippine laws at the time of his arrest.
The initial draft of the law started in 2002 from the former Information Technology and eCommerce Council (ITECC) Legal and Regulatory Committee chaired by Atty. Claro Parlade and its Information Security and Privacy subcommittee co-chaired by Albert Dela Cruz of PHCERT and Atty. Elfren Meneses of the NBI. ITECC was established under the presidency of Joseph Estrada, and continued during the term of President Gloria Macapagal Arroyo. It was headed by Secretary Virgilio 'Ver' Peña, the first Chair of the former Commission on Communications and Information Technology (CICT), and was an attempt to harmonize the U.S. Computer Fraud and Abuse Act, the EU Cybercrime Prevention Treaty or Budapest Convention on Cybercrime, Pending House and Senate bills. It was originally known as proposed bill HB377.
This was superseded by several cybercrime-related bills filed in the 14th and 15th Congress. The Cybercrime Prevention Act ultimately was the product of House Bill No. 5808, authored by Representative Susan Yap-Sulit of the second district of Tarlac and 36 other co-authors, and Senate Bill No. 2796, proposed by Senator HYPERLINK "http://en.wikipedia.org/wiki/Edgardo_Angara" \o "Edgardo Angara" Edgardo Angara. Both bills were passed by their respective chambers within one day of each other on June 5 and 4, 2012, respectively, shortly after the impeachment of Renato Corona, and the final version of the Act was signed into law by President HYPERLINK "http://en.wikipedia.org/wiki/Benigno_Aquino_III" \o "Benigno Aquino III" Benigno Aquino III on September 12.
PROVISIONS
The Act, divided into 31 sections split across eight chapters, criminalizes several types of offense, including illegal access (hacking), data interference, device misuse,cybersquatting, computer-related offenses such as computer fraud, content-related offenses such as cybersex and spam, and other offenses. The law also reaffirms existing laws against child pornography, an offense under Republic Act No. 9779 (the Anti-Child Pornography Act of 2009), and libel, an offense under Section 355 of the Revised Penal Code of the Philippines, also criminalizing them when committed using a computer system. Finally, the Act includes a "catch-all" clause, making all offenses currently punishable under the Revised Penal Code also punishable under the Act when committed using a computer, with severer penalties than provided by the Revised Penal Code alone.
The Act has universal jurisdiction: its provisions apply to all Filipino nationals regardless of the place of commission. Jurisdiction also lies when a punishable act is either committed within the Philippines, whether the erring device is wholly or partly situated in the Philippines, or whether damage was done to any natural or juridical person who at the time of commission was within the Philippines. Regional Trial Courts shall have jurisdiction over cases involving violations of the Act.
A takedown clause is included in the Act, empowering the Department of Justice to restrict and/or demand the removal of content found to be contrary to the provisions of the Act, without the need for a court order. This provision, originally not included in earlier iterations of the Act as it was being deliberated through Congress, was inserted duringSenate deliberations on May 31, 2012.[8] Complementary to the takedown clause is a clause mandating the retention of data on computer servers for six months after the date of transaction, which may be extended for another six months should law enforcement authorities request it.
The Act also mandates the National Bureau of Investigation and the Philippine National Police to organize a cybercrime unit Lyle Harvey Espinas, staffed by special investigators whose responsibility will be to exclusively handle cases pertaining to violations of the Act, under the supervision of the Department of Justice. The unit is empowered to, among others, collect real-time traffic data from Internet service providers with due cause, require the disclosure of computer data within 72 hours after receipt of a court warrant from a service provider, and conduct searches and seizures of computer data and equipment. It also mandates the establishment of special "cybercrime courts" which will handle cases involving cybercrime offenses (offenses enumerated in Section 4(a) of the Act).The Supreme Court of the Philippines declares on February 18, 2014 that the libel provisions of this act is now legal.

You May Also Find These Documents Helpful

  • Good Essays

    CRIME RATE

    • 6254 Words
    • 20 Pages

    Chapter II: Presentation, Analysis and Interpretation of Data I. Definition of Crime……………………………………7-9 II. Causes A. Adults……………………………………………9-11 B. Minors…………………………………………...11-14 iv C. Men……………………………………………......14-18 D. Women…………………………………………….18-22 III. Kinds (Philippine Setting) A. Organized Crime…………………………………22 B. Petty Crime……………………………………….22 C. Violent Crime…………………………………….23 D. Prostituion………………………………………..23 E. Human Trafficking…………………………………

    • 6254 Words
    • 20 Pages
    Good Essays
  • Satisfactory Essays

    crime rate

    • 273 Words
    • 2 Pages

    Nowadays, it is clear that the crime rate is increasing in our country. More and more crimes have happened for a long time. People are feeling unsecured with the crime situation and the fear of being a victim to keep increasing. The government has been taken some action to overcome these problems. However, it is not enough to reduce all incidences of crime. There are several steps or measures which can be taken to reduce the crime rate in Malaysia. First of all, it has to enact laws which impose…

    • 273 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Crime rates

    • 421 Words
    • 2 Pages

    these issues haven’t been fixed or even looked at. The mayor should be going over some of this issues and getting them fixed. Two problems that New York City faces are crime rates and financial problems. A huge problem that New York City has is the rate of crime. It has increased by a lot, the number of annual crimes right now is 449,745. There have been a huge number of murders, rapes, and robberies in many neighborhoods. There has been a 400 percent increase in murders in Tony Williamsburg…

    • 421 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Crime Rate

    • 466 Words
    • 2 Pages

    none is trustable because anyone can be a criminal, can be a suspect. Crime has been increasing in Philippines recently. The public’s fear of crime is a major concern for policymakers, more so if it involves a marked and sudden increase of violent and property crime. Meanwhile, violent crime generally includes crime of violence such as murder, gang robbery with firearm, rape and sexual abuse. What is the main cause of crime and its imperative relationship to poverty? Such a question at first may…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Crime Rates

    • 600 Words
    • 3 Pages

    far do recorded crime rates show how much crime occurs in society Introduction • What is a ‘crime’? • Definition of recorded and unrecorded crime • Indicate how crime rates are recorded and by whom Main Body • Discuss reasons behind recorded and unrecorded crime • Discuss how crime rates are recorded and by whom • Discuss whether crime rates are recorded and collated accurately • Discuss impact on society Conclusion • Summary How far do recorded crime rates show how much crime occurs in society…

    • 600 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Crime Rate

    • 1421 Words
    • 6 Pages

    United States, the crime rate is increasing each day. Although many may believe that only adults are executing this criminal activity, and that is entirely not true. Juvenile crime has been a problem in the United States for many years and is still a main factor to the growing crime rates in cities across the United States. Many factors of these adolescences lives contribute to their actions. Such as, drug use, their communities, their peers and also their families. Juvenile crime does not always…

    • 1421 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Crime Reporting Rates

    • 283 Words
    • 2 Pages

    CheckPoint Crime Reporting and Rates Response What is the purpose of the major crime – reporting programs? What makes a successful crime reporting program in the U.S.? The purpose of major crime – reporting programs is to keep track to see if crime is decreasing or increasing in the various communities. Also to keep track of the heaviest crime stricken areas to determine if police patrol needs to be increased. Also to keep track of which crime is being committed the most in the various communities…

    • 283 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Crime Rate in Mtr

    • 496 Words
    • 2 Pages

    large Western cities, Hong Kong’s MTR enjoys a very low crime rate. With a reference to environmental criminology, explain why this is the case. Hong Kong MTR is one of the busiest underground transit systems in the world with around 4 million person-time passenger per day. (MTR, 2010a) In 2007, Hong Kong MTR annual ridership was the seventh highest in the world. (MTA, 2010) Meanwhile, this is our proud that Hong Kong MTR has a low crime rate, it helps to maintain MTR to be one of the famous underground…

    • 496 Words
    • 2 Pages
    Good Essays
  • Good Essays

    High Crime Rate

    • 552 Words
    • 3 Pages

    Anya Sealy High Crime Rate We often hear about the high crime rate on television, radio or even newspaper. We hear about Politicians making promises to decrease the crime yet it has still continued to rise. I often ask myself, what are the root causes of committing these crimes, why do people do what they do? Politicians, during there rallies, hype up the crowds and make promises to do positive things and get as much support from the citizens as possible, leaving the nation with high…

    • 552 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Englewood Crime Rate

    • 146 Words
    • 1 Page

    Nevertheless, some readers may challenge my view by insisting that the crime rate of Englewood community is worse than ever before along with a gradual increase of exotic population. However, a study has shown that personal safety is better than ever in the Englewood community instead of constantly increasing crime rate (Matt). The NBC Chicago News report that the crime rate quickly drops as young hipsters and Millennials with the higher income move into the gentrified Englewood community. Not only…

    • 146 Words
    • 1 Page
    Good Essays