CPE Laws and Professional Practice Prelim 2

Cybersecurity

The practice of protecting systems, networks, and programs from digital attacks

Data Protection

The process of safeguarding important information from corruption, compromise, or loss.

Information Technology (IT) Law

Refers to the law of IT, including computing and the Internet, that governs the digital dissemination of both information and software.

Cybercrime

A crime committed with or using information and communication technologies such as radio, television, smartphones, computer and network, and other communication devices.

Cybercrime Prevention Act of 2012 (Republic Act No. 10175)

An act addressing crimes committed against and through computer systems, providing protection and safeguarding the integrity of computer, computer and communications systems, networks, and databases.

E-Commerce Act of 2000 (Republic Act No. 8792)

This act aims to facilitate domestic and international agreements, contracts, and exchanges and storage of information through the utilization of electronic, mode, instrumentality, and technology to recognize the authenticity and reliability of electronic documents related to such activities, and to promote the universal use of electronic transactions in the government and by the public.

Access Device Regulation Act of 1998 (Republic Act No. 8484)

An act regulating the issuance and use of access devices, prohibiting fraudulent acts committed, providing penalties, and for other purposes. The State recognizes the recent advances in technology and the widespread use of access devices in commercial transactions. The State shall protect the rights and define the liabilities of parties in such commercial transactions by regulating the issuance and use of access devices.

Anti-Wiretapping Law (Republic Act No. 4200)

An act to prohibit and penalize wiretapping and other related violations of the privacy of communication and for other purposes. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictagraph, walkie-talkie, or tape recorder.

Data Privacy Act of 2012 (Republic Act No. 10173)

Enacted to protect individual personal information in ICT systems in the government and the private sector. The National Privacy Commission administers and implements the provisions of the law and ensure compliance of the country with international standards set for data protection.

Anti-Child Pornography Act of 2009 (Republic Act No. 9775)

An act defining the crime of child pornography, prescribing penalties and for other purposes. The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological, and social well-being.

Anti-Photo and Voyeurism Act of 2009 (Republic Act No. 9995)

An act penalizing the crime of photo and video voyeurism. Photo or video voyeurism means the act of taking a photo or video of a person or group of persons performing a sexual act without the latter's consent. It also includes the act of selling, reproducing, and broadcasting the photo, video, or recordings of such sexual act through the Internet and similar means or device without the written consent of the person/s involved.

Illegal Access

Refers to the access to the whole or any part of a computer system without right

Illegal Interception

Refers to 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.

Data Interference

Refers to 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.

System Interference

Refers to 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.

Misuse of Devices

Refers to the use, production, sale, procurement, importation, distribution, or otherwise making available, without the right of a computer program or a computer password.

Cyber-squatting

The acquisition of a domain name over the internet, in bad faith, to profit, mislead, destroy reputation, and deprive others of registering the same name.

Computer-related Forgery

The input, alteration, or deletion of any computer data without right, resulting in inauthentic data, regardless of whether the data is directly readable and intelligible.

Computer-related Fraud

The input, alteration, or deletion of computer data or program causing damage thereby with fraudulent intent.

Computer-related Identity Theft

The intentional acquisition, use, misuse, transfer, or alteration of identifying information belonging to another, whether natural or juridical, without right.

Convention on Cybercrime (Treaty #185 – Budapest Convention

The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception.

HIPCAR Project - Harmonization of ICT Policies, Legislation and Regulatory Procedures in the Caribbeans (Cybercrime/e-Crimes)

HIPCAR was designed to support the Caribbean countries in improving their competitiveness by harmonizing approaches to ICT development. It brought together the Caribbean governments, regulators, service providers, civil society, private sector, regional and international organizations involved in ICT.

African Union Convention on Cyber Security and Personal Data Protection (Malabo Convention)

The AU convention objective is setting the essential rules for establishing a credible digital environment (cyber space) and address the gaps affecting the regulation and legal recognition of electronic communications and electronic signature; as well as the absence of specific legal rules that protect consumers, intellectual property rights, personal data and information systems and privacy online.