norelyn mikaela vinson

12-ict prog- ada lovelace

If We Must Die

If we must die, let it be not like hogs

Hunted and penned in an inglorious spot,

While round us bark the mad and hungry dogs,

Making their mock at our accursed lot.

If we must die, O let us nobly die,

So that our precious blood may not be shed

In vain; then even the monsters we defy

Shall be constrained to honor us though dead!

O kinsmen! we must meet the common foe!

Though far outnumbered let us show us brave

And for their thousand blows deal one deathblow!

What though before us lies the open grave?

Like men we'll face the murderous, cowardly pack,

Pressed to the wall, dying, but fighting back!

Publisher:Claude Mckay, Year:1919

[ Republic Act No. 10175 ]

AN ACT DEFINING CYBERCRIME,

PROVIDING FOR THE PREVENTION,

INVESTIGATION, SUPPRESSION AND

THE IMPOSITION OF PENALTIES

THEREFOR AND FOR OTHER PURPOSES

SECTION 1.Title-This Act shall be known as the Cybercrime Prevention Act of 2012

SEC. 2. Declaration of Policy

The State recognizes the vital role of information and communications industries such as content production,

telecommunications, broadcasting electronic commerce,and data processing,in the nation's overall social and economic development.

The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application

and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information;

and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity,

and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by in this light, the State shall adopt sufficient powers

to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by

providing arrangements for fast and reliable international cooperation.

SEC. 3. Definition of Terms For purposes of this Act, the following terms are hereby defined as follows:

(a)Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

(c)Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.

(d)Computer 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.

(e)Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.

(f)Computer program refers to a set of instructions executed by the computer to achieve intended results.

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.

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.

CHAPTER III PENALTIES

SEC. 8. Penalties.

Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

SEC. 9. 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).

SEC. 10. Law Enforcement Authorities.

The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

SEC. 11. Duties of Law Enforcement Authorities.

specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

SEC. 12.Real-Time Collection of Traffic Data.

Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

SEC. 13. Preservation of Computer Data.

The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum 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.

SEC. 14 Disclosure of Computer Data.

Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

SEC. 15. Search, Seizure and Examination of Computer Data.

Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

SEC. 16. Custody of Computer Data.

All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data.

SEC. 17. Destruction of Computer Data.

Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.

SEC. 18. Exclusionary Rule.

Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

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.

SEC. 20. Noncompliance.

Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V JURISDICTION

SEC. 21. Jurisdiction.

The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

cybercrime offenses through a computer emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other

CHAPTER VIII FINAL PROVISIONS

SEC. 27. Appropriations.

The amount of Fifty million pesos (PhP50,000,000.00) shall be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations.

The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.

SEC. 29. Separability Clause

If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.

SEC. 30. Repealing Clause.

All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the “Electronic Commerce Act” is hereby modified accordingly.

SEC. 31. Effectivity

This Act shall 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.