Here is excerpt of the newly signed law the Republic Act No. 10175 or Anti-cybercrime
Prevention Act of 2012. I post this because I wanted you to be aware that this
law is now a law where I am a culprit. You may ask a lawyer to interpret this
but this thing will now flow in our life and in our system. You may like
it or not or a portion of it but this Act is now real.
CHAPTER II
PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The
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.
(3) Data Interference. — The 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.
(4) System Interference. — The
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.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
(aa) A device, including a computer
program, designed or adapted primarily for the purpose of committing any
of the offenses under this Act; or
(bb) A computer password, access code,
or similar data by which the whole or any part of a computer system is
capable of being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred
to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices
for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition
of a domain name over the internet in bad faith to profit, mislead,
destroy reputation, and deprive others from registering the same, if
such a domain name is:
(i) Similar, identical, or confusingly
similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion
of any computer data without right resulting in inauthentic data with
the intent that it be considered or acted upon for legal purposes as if
it were authentic, regardless whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using computer
data which is the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent or dishonest
design.
(2) Computer-related Fraud. — The
unauthorized input, alteration, or deletion of computer data or program
or interference in the functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. –
The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — 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.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial
Communications. — 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:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the
communication is for service and/or administrative announcements from
the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic
communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages
(opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) The commercial electronic
communication does not purposely include misleading information in any
part of the message in order to induce the recipients to read the
message.
(4) Libel. — 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.
SEC. 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission
of Cybercrime. – Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held
liable.
(b) Attempt in the Commission of
Cybercrime. — Any person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.