DATA SYSTEM INTERFERENCE

Data interference

Intentional or reckless alteration, damaging, deletion, or deterioration of computer data, electronic document, or electronic data message, without right. Includes introducing or transmitting viruses.

Alteration

Modification or change, in form or in substance, of an existing computer data or program.

System interference

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. Includes introducing or transmitting viruses.

Data vs system interference: what is targeted?

Data interference is directed against the DATA itself. System interference is directed against the FUNCTIONING of a computer system.

Data vs system interference: what is altered?

Data interference: alteration involves only DATA. System interference: alteration involves both DATA and COMPUTER PROGRAMS.

A virus is introduced. Which offense?

It depends. If the virus alters data WITHOUT affecting the computer's functions: data interference. If it affects the functioning of the computer or network: system interference.

Was the ILOVEYOU author prosecuted in the Philippines?

No. There was no enforced cybercrime law yet when the bug struck. The country was criticized, and Congress quickly enacted the e-Commerce law.

Misuse of devices (part 1)

Use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: (a) a device or computer program designed or adapted primarily to commit any offense under the Act, or (b) a computer password, access code, or similar data that can access a system, with intent to use it to commit an offense.

Misuse of devices (part 2)

POSSESSION of such a device, program, password, or access code with intent to use it to commit any of the offenses.

Cybersquatting

Acquiring a domain name over the internet in BAD FAITH to profit, mislead, destroy reputation, and deprive others from registering the same name.

Elements of cybersquatting (4)

1) Acquisition of a domain name over the internet. 2) Done in bad faith to profit, mislead, destroy reputation, and deprive others of registering it. 3) For a juridical person: the name is identical, similar, or confusingly similar to a trademark registered with the proper government agency at the time of registration. 4) For a natural person: identical or similar to the name of a person other than the registrant.

Cybersquatting example

Metrobank has no website yet. Someone buys Metrobank.com to sell it back to the bank for profit, or to draw traffic and earn ad revenue.

Metrobank site with just the trademark and "you're in good hands"

Still cybersquatting. It deprives Metrobank of registering the name, and the phrase is attributed to the bank itself.