Joana Rossette D. Cencia
BS – Hospitality Management
Intro to Computer Science / GEEL 211
31 August 2013
Cyber Crime Law (RA 10175) and its Implication
“The Cybercrime Prevention Act of 2012 (Republic Act No. 10175, An Act Defining Cybercrime, Providing For The Prevention, Investigation, Suppression And The Imposition Of Penalties Therefor And For Other Purposes) was signed by President Aquino on 12 September 2012. It will take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.”
Cyber crime is the latest and perhaps the most complicated problem in the cyber world. The term “Cyber Crime” has nowhere been defined in any statute or Act passed or enacted by the Indian Parliament. Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime. It is rapidly evolving from simple e-mail mischief where offenders send obscene e-mail, to more serious offences like theft of information, e-mail bombing to crashing servers etc.
More and more countries around the world legislates laws to combat cybercrimes, ordinary netizens bear the crux of the anvil of the government exerting more and more influence and finding ways to create control and coordination, and cyber security.
The types of cyber crimes include: pornography, cyber fraud, defamation, cyber stalking, IPR theft, money laundering, phishing, e-mail bombing, cyberwarfare, and illegal EFT. * PORNOGRAPHY
Pornography is the explicit portrayal of sexual subject matter for the purpose of sexual gratification. Pornography may use a variety of media, including books, magazines, postcards, photos, sculpture, drawing, painting, animation, sound recording, film, video, and video games. The term applies to the depiction of the act rather than the act itself, and so does not include live exhibitions like sex shows and striptease. A pornographic model poses for still photographs. A pornographic actor or porn star performs in pornographic films. If dramatic skills are not involved, a performer in porn films may be also be called a model.
* CYBER FRAUD
The use of Internet services or software with Internet access to defraud victims or to otherwise take advantage of them, for example by stealing personal information, which can even lead to identity theft. A very common form of Internet fraud is the distribution of rogue security software. Internet services can be used to present fraudulent solicitations to prospective victims, to conduct fraudulent transac
tions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme. Internet fraud can occur in chat rooms, email, message boards, or on websites.
Defamation—also called calumny, vilification, or traducement—is the communication of a false statement that harms the reputation of an individual, business, product, group, government, religion, or nation. Most jurisdictions allow legal action to deter various kinds of defamation and retaliate against groundless criticism. Under common law, to constitute defamation, a claim must generally be false and have been made to someone other than the person defamed. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel.
Cyberstalking is the use of the Internet or other electronic means to stalk or harass an individual, a group of individuals, or an organization. It may include the making of false accusations or statements of fact (as in defamation), monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information that may be used to harass. The definition of "harassment" must meet the criterion that a reasonable person, in...
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