Published — May 5, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After knowing the offenses, read more about cybercrime on: WHAT IS CYBERCRIME PREVENTION ACT OF 2012?
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Confidentiality and integrity of computer data and systems are protected
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The misuse of computer devises may be punishable under the Cybercrime Prevention Act
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Any person who merely aids in the commission of any of the cybercrime offenses may be held liable
What are the acts punishable under the Crime Prevention Act?
The law says:
The punishable acts under the Crime Prevention Act are the following:
- Offenses against the confidentiality, integrity and availability of computer data and systems which may be committed in any of the following:
a. Illegal Access when there is access to the whole or any part of a computer system without right.
b. Illegal Interception when there is 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.
c. Data Interference when there is 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.
d. System Interference when there is 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.
e. Misuse of Devices occurs when there is a use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of a device or a computer password and similar data.
f. Cyber-squatting which refers to the acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same.
2. Computer-related offenses such as computer- related forgery, computer-related fraud, and computer related identity theft.
3. Content-related Offenses:
a. Cybersex which refers to the willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
b. Child Pornography refers to the unlawful or prohibited acts as defined by the Anti-Child Pornography Act of 2009 and committed through a computer system.
c. Unsolicited Commercial Communications refers 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 are prohibited unless allowed by the law
d. Libel is when the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
Do note that all crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the Cybercrime Prevention Act which provides a higher penalty.
Furthermore, any person who willfully abets or aids in the commission of any of the offenses mentioned above or even willfully attempts to commit the same shall also be liable.
What are the penalties for the above-mentioned cybercrime offenses? A related article will be posted in a few days.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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