Cybercrime Prevention Act of 2012
What is RA 10175 all about?
Republic Act No. 10175 | Official Gazette of the Republic of the Philippines Approved on September 12, 2012: An Act defining Cybercrime. providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes.
What is Republic Act 10175 of 2012?
Rules and Regulations Implementing Republic Act No. 10175, Otherwise Known as the “Cybercrime Prevention Act of 2012”
Can a person be liable for a violation of RA 10175?
For instance, the offender violated the provisions of libel through the use of cyberspace, then that may be a violation of Republic Act 10175 and he may be liable as such. How can the Data Privacy Act affect RA 10175?
What is the legal framework of the Cybercrime Prevention Act?
The legal framework of the Republic Act No. 10175 or “Cybercrime Prevention Act of 2012” is in line with the Cybercrime Prevention Act of the Budapest Convention, which took effect in February 2014.
What does RA 10175 intend to protect?
Republic Act 10175 intends to protect consumers who are dependent on cyber laws to safeguard them from online fraud or identity theft.
What is the importance of RA 10175?
Republic Act 10175 is important to sufficiently deter cyber-offenders and to safeguard the Philippines’ cyberspace. It is essential to monitor the potential crimes which may be possible to be committed using the availability of the cyberspace and advancement of the technology in the country.
What law enforcement authorities are responsible for implementation RA 10175?
The law provides that the following are the law enforcement authorities tasked to implement the Cybercrime Act. The law has given the National Bureau of Investigation (NBI) as well as the Philippine National Police (PNP) the assignment to efficiently and effectively implement the provisions listed in the Act.
Why is there a need for cybercrime law?
There is a need to create a cybercrime law because cybercrime causes a real and extreme threat to every Filipino’s human right and livelihood.
How does electronic evidence rule affect or complement RA 10175?
Electronic Evidence Rule are set of regulations as regards to the evidence used in judicial proceedings that originates from electronic devices like computers, cellphones, and its peripheral devices such as computer networks, digital cameras, and any other mobile devices which includes the data storage devices in all forms.
How does RA 10175 affect social media?
Republic Act 10175 affected the social media by providing safeguards and limitations to whatever we post and whatever messages we sent online.
How do you prosecute online illegal activities using RA 10175?
Pursuant to Section 20, Chapter IV of RA 10175, failure to comply with the provisions of Chapter IV, specifically the orders from law enforcement authorities, shall be punished as a violation of Presidential Decree No. 1829, entitled ‘Penalizing Obstruction Of Apprehension And Prosecution Of Criminal Offenders.’
What is corporate liability?
Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).
What is the liability imposed on the juridical person?
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.
What are cyber crimes?
– The access to the whole or any part of a computer system without right.
When was the House Bill 5808 passed?
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively. (Sgd.) MARILYN B. BARUA-YAP.
What is traffic data?
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities. All other data to be collected or seized or disclosed will require a court warrant.
What is SEC 7. LIABILITY?
SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
What is a device consisting of hardware and software?
The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.
What is child pornography?
e) Child Pornography refers to 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 one (1) degree higher than that provided for in Republic Act No. 9775;
What is national cybersecurity plan?
p) National Cybersecurity Planrefers to a comprehensive plan of actions designed to improve the security and enhance cyber resilience of infrastructures and services. It is a top-down approach to cybersecurity that contains broad policy statements and establishes a set of national objectives and priorities that should be achieved within a specific timeframe;
What is the section of the Cybercrime Prevention Act of 2012?
Section 1. Title. – These Rules shall be referred to as the Implementing Rules and Regulations of Republic Act No. 10175, or the “Cybercrime Prevention Act of 2012”. Section 2. Declaration of Policy. – The State recognizes the vital role of information and communications industries, such as content production, telecommunications, broadcasting, …
When was the Cybercrime Prevention Act signed?
Implementing Rules and Regulations of the Cybercrime Prevention Act of 2012 signed on August 12, 2015
What is forensics in law?
v) Forensicsrefers to the application of investigative and analytical techniques that conform to evidentiary standards, and are used in, or appropriate for, a court of law or other legal context;
What is electronic evidence?
u) Electronic evidence refers to evidence, the use of which is sanctioned by existing rules of evidence, in ascertaining in a judicial proceeding, the truth respecting a matter of fact, which evidence is received, recorded, transmitted, stored, processed, retrieved or produced electronically;
What is cybersex?
q) Cybersexrefers 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;
What is cybersex?
(1) Cybersex – 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.
What is computer related forgery?
(1) Computer-related Forgery – 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. 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.
Who is liable for cybercrime?
(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.
What is a service provider in cyber security?
Service provider refers to any public or private entity that provides to users of its service the ability to communicate by means of a computer system and that processes or stores computer data on behalf of such communication service users of such service.
What is a service provider?
Service provider refers to any public or private entity that provides to users of its service the ability to communicate by means of a computer system and that processes or stores computer data on behalf of such communication service users of such service. Under the Cybercrime Prevention Act, the service provider has the duty to preserve …
How long does a service provider have to preserve data?
The duty to preserve is for a period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. Nevertheless, the law enforcement authorities may order a one-time extension for another six (6) months.
What is traffic data?
Traffic data refers to any computer data other than the content of the communication. T he Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act of 2012” is a law that was approved on September 12, 2012.
What is a computer device?
It refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.
How long does a law enforcement officer have to preserve data?
The duty to preserve is for a period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.