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Cybercrime Protection Law

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Topic Starter
Tanomoshii Nekojou


Today, October 2, the Supreme Court sitting en banc is set to hear several petitions for prohibition against the Cybercrime Prevention Law.

If the high court junks these petitions and disapproves the request for a temporary restraining order (TRO), the Cybercrime Prevention Law will take effect the following day, forever changing the Internet landscape in the Philippines -- possibly even killing Internet freedom.

As a sign of protest, please take down your profile pictures and cover photos and change it to a simple black image.

We also call on website administrators in the Philippines to take down/blacken their websites starting 12 midnight in protest of the looming implementation of the draconian law. There are several plugins available in the net to do so (GIYF).

With enough websites participating, we can be a formidable force that can compel the government to think twice.

Well.. Please join our protest against this law... :cry: :cry: :cry: :cry: :cry: :cry: :cry:
Jazz
nabasa mo na ba kung anong nakalagay dun sa batas na yun?
Anzo
nakakainis naman oh

http://www.change.org/petitions/junk-th ... -law#share
^pkilagay sa first page para makita
dkun
May nakikita ako ng massive controversy sa bill na ito. Coming from someone who currently lives in America, hindi ko alam kung anong effect para sa mga tao at home.

Is anyone willing to shed some light over the bill, if not discuss it a little over for what this actually means? Flaming and calling the government stupid (even if they are) isn't welcome.

tl;dr what is the law and why is it good/bad/stupid (since sources everywhere looks to be telling different things [weee filipino media])
Jdle
mas malala lng sa SOPA/PIPA yung cybercrime law.. nagdagdag ksi Sen. Sotto ng libel provision sa cybercrime law... mawawalan kmi ng freedom of speech sa internet.. kung nahuli yung isang person nagpost like "!@#@!# you (insert name)" pwede ka na kasuhan at pwede ka na din majail for 12 years.. ang target lng talaga ng cybercrime law yung pornography sites, cybersex and some illegal things pero dinagdagan ni sotto na stupid libel provision sa law.. the most stupid thing is.. kapag ilike or ishare mo yung picture or other sort of things na nakakabully.. pwede ka na kasuhan agad..nauna pa napatupad yung cybercrime law for almost 1 month lng pero yung RH BILL ang tagal tagal na wala parin nangyayari hahaha..

Parang martial law na ginawang online hahahaha ang nakakatawa pa yung president pa nagsign na law hahaha parang inulit lng yung history hahahaha
Dafydd
Sa Chapter 2, Section 4 ng Cybercrime law, kasama ang libel sa cybercrime offenses:

"(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."
http://www.gov.ph/2012/09/12/republic-act-no-10175/

So yeah, makes sense nman, pero pag tignan mo ang Revised Penal Code:
"Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown..."
http://www.interaksyon.com/infotech/art ... code-libel

Meaning to say, pwd n ako kasuhan basta may ma offend na sa mga comments ko. At para ma acquit ka, kelangan "true" at may "good intent" ang post mo. Actually ok nga eh, i mean freedom of speech come with responsibility, pero kasi mahilig tayo mag post ng nakakasakit sa iba, kaya medyo against iyong karamihan dito. At dahil dito, medyo subject to abuse na rin itong libel part kasi pwd ko nman i blame as libel kung sino man ang mag ooffend sa akin. Hindi nga na specify kung ang pag "like" or "share" ng content ay kasali nga ba, but by just looking at article 354 alone, sakop tlaga siya. Iyong mga penalties naman ay medyong OA kaya marami din against dito.

At eto pa:

"SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data."

So basta magmukhang malicious (kahit first impression lng) iyong sinasabi ko kahit hindi nman tlaga (Article 354), pwd n ako i ban ng mga police although kailangan pa ng search warrant para imbestigahan ako.

Pero sa huli, magandang pa rin ang law na ito, basta maayos lng ang pagkaka implement at basta hindi siya abusuhin. Hindi lang nman kasi dapat tayo post ng post, "responsibility comes with freedom of expression". Maraming pilipino ang biktima sa online bullying, at sa tingin ko at least may panlaban na sila with this law. Anyway, di ako law student and stuff and sinubukan ko lng i analyze itong mga laws so baka mali din ako.
Pizzicato
chill lang
inurong na

Libel - 12 years
rape - 3 years

MANG RAPE NA LANG AKO EHAUHEUAHUEUAE
Ixxey
Apparently there is also this thing where the cybersex clause includes non-porn, non-prostitution cybersex-- so this means that if you are in an LDR relationship and want to get your jollies on with your partner in Skype, it's still illegal.

Meh it's gonna be revised though, last I heard.
Like---
8-) Haiz ... Slamat ... Buti Inurong n ang wlang Katuturang Cyber Crime Law n ean ... 8-)
Topic Starter
Tanomoshii Nekojou

hikari_eniza wrote:

nabasa mo na ba kung anong nakalagay dun sa batas na yun?
Yup... Bakit? :D :D
Topic Starter
Tanomoshii Nekojou

Like--- wrote:

8-) Haiz ... Slamat ... Buti Inurong n ang wlang Katuturang Cyber Crime Law n ean ... 8-)
TAMA KA DYAN!!! :D :D :D
Like---
8-) Kung tnuloy lng nmn nla yan ... msi2ra lng ang PH ehhh ... Kc 80% ng Tao s PH ay Gumagamit ng Teknolohiya... Gya ng Computer ... So Tma lng tlga n inurong nla ang Cyber Crime Law n ean ... 8-)
NoHitter
Sa totoo lang, kaya ba nilang i-enforce yung law na ito :/
dkun

NoHitter wrote:

Sa totoo lang, kaya ba nilang i-enforce yung law na ito :/
This also striked me funny, kasi alam naman natin lahat yun government natin and how "effective" they are, hindi ba?
Jazz

Ixxey wrote:

Apparently there is also this thing where the cybersex clause includes non-porn, non-prostitution cybersex-- so this means that if you are in an LDR relationship and want to get your jollies on with your partner in Skype, it's still illegal.

Meh it's gonna be revised though, last I heard.
you just read my mind
icoconsider nila na cber bullying ang cyber sex

ang pinaka ayaw ko sa law na to
puro reiteration lang ng mga matagal ng ilegal sa use of internet yung tinatackle nila (i.e child pornography, hacking, etc.)
at kung gusto nilang idagdag yung libel na yun, di ba dapat idinagdag na lang nila sa libel cases yun instead of making another stupid law (and having 12 years of imprisonment for posting something about the government is so stupid (for lack of a better word))
waste of time and paper lang kung pag uukulan pa nila ng pansin to (save the goddamn trees people)
samantalang may RH bill at Sin Tax Bill pa sila na dapat asikasuhin (anak ng pinutakteng ipis ilang taon ng nakatenga yung RH bill hanggang ngayon di pa rin nila mapagdesisyunan samantalang mas mahalaga pa yun kesa sa cyber bullying) mga wala talagang bayag yung mga nasa gobyerno -____-


NoHitter wrote:

Sa totoo lang, kaya ba nilang i-enforce yung law na ito :/
also this
maybe bluff lang ng government to para matakot yung mga tao
malay natin

P.S.
putik sensya na kung halong english at tagalog yung post ko
Dafydd

NoHitter wrote:

Sa totoo lang, kaya ba nilang i-enforce yung law na ito :/
Ang point lng nman dun ay magkakaron ng kaso kung may magsusumbong. Other than that, iyong mga illegal shizz lng ang hahabulin ng police.
Ixxey

Dafydd wrote:

NoHitter wrote:

Sa totoo lang, kaya ba nilang i-enforce yung law na ito :/
Ang point lng nman dun ay magkakaron ng kaso kung may magsusumbong. Other than that, iyong mga illegal shizz lng ang hahabulin ng police.
I have a feeling that gagamitin lang yung law na 'to (especially the libel part) para mapatumba yung mga government enemies, journalists, etc. Makes me wonder kung saan talaga mapupunta yung 50m na allegedly gagamitin daw nila pangmonitor ng internets and stuff.
Seph

Ixxey wrote:

Apparently there is also this thing where the cybersex clause includes non-porn, non-prostitution cybersex-- so this means that if you are in an LDR relationship and want to get your jollies on with your partner in Skype, it's still illegal.

Meh it's gonna be revised though, last I heard.
lul
wat
Kunino Sagiri
This is a part that you might only want to see on the actual bill
_________________________
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. :lol:

(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.

SEC. 6. 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 relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

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.
_____________________________

I see no problems here for the regular citizens INCLUDING that like, comment on offensive posts shit since it's obviously not on the punishable acts. Note that "Child pornography" since kinda bugs me. I don't really know on what "bounds" that child pornography as a punishable act includes. Kasi kung child pornography lang naman, edi pupwede adult? How would the government detect the age of internet users that go on porn sites? Ineffective ung "Are you 18+?) If no, get out of this website" since it's very easy to lie

Masyado pang malabo ung ibang critical contents ng bill na to >:(
Dafydd

Kunino Sagiri wrote:

(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. 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.
_____________________________

I see no problems here for the regular citizens INCLUDING that like, comment on offensive posts shit since it's obviously not on the punishable acts. Note that "Child pornography" since kinda bugs me. I don't really know on what "bounds" that child pornography as a punishable act includes. Kasi kung child pornography lang naman, edi pupwede adult? How would the government detect the age of internet users that go on porn sites? Ineffective ung "Are you 18+?) If no, get out of this website" since it's very easy to lie

Masyado pang malabo ung ibang critical contents ng bill na to >:(
"Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown..."

Vague itong statement na to galing sa revised penal code. As of now ang ibig sabihin nun ay; (I'm trying to say this over and over again) kumbaga kung may nagpost at marami nag like/approve/whatever at may na offend, pwede kasuhan iyong gumawa ng post na iyon kasama ang mga nakiramay. Anyway, may point k rin sa child porn:

(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography through whatever means; and
kala ko lng dati child porn = pedo stuff pero sabi ng (2) kahit manuod lng bata ng porn huli na, which is a good thing pero ewan ko lng paano iimplement.
Kunino Sagiri

Dafydd wrote:

Vague itong statement na to galing sa revised penal code. As of now ang ibig sabihin nun ay; (I'm trying to say this over and over again) kumbaga kung may nagpost at marami nag like/approve/whatever at may na offend, pwede kasuhan iyong gumawa ng post na iyon kasama ang mga nakiramay. Anyway, may point k rin sa child porn:

(b) Protect every child from all forms of exploitation and abuse including, but not limited to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography through whatever means; and

kala ko lng dati child porn = pedo stuff pero sabi ng (2) kahit manuod lng bata ng porn huli na, which is a good thing pero ewan ko lng paano iimplement.

I hate vague stuffs. The one I /b/'d is currently very retarded. Like I said earlier, it's very easy to lie like "MY FB ACCOUNT GOT HACKED.... etc." and get a buckload of false testimonies if they wish to and any more effective excuses other than that. It can even be abused by framers if they wished to.

So obviously, it's currently very retarded
Tesu
Isa lng masasabi ko walang alam ang Suprema kung gano kahalga ang Internet
Tesu
No to CCL
Topic Starter
Tanomoshii Nekojou

Frosty wrote:

Isa lng masasabi ko walang alam ang Suprema kung gano kahalga ang Internet
They are looking on its NEGATIVES... not those BENEFITS....

Edit:

dkun wrote:

NoHitter wrote:

Sa totoo lang, kaya ba nilang i-enforce yung law na ito :/
This also striked me funny, kasi alam naman natin lahat yun government natin and how "effective" they are, hindi ba?
Hahaha,.... Oo nga... Kakatawa naman.... :D :D :D :D
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