RA 10175 (Cybercrime Prevention Act of 2012) – Key Concepts (Video Notes)

These flashcards cover key concepts, definitions, offenses, penalties, procedural provisions, and related legal context of the Philippine Cybercrime Prevention Act (RA 10175) as presented in the lecture notes.

What is RA 10175?

The Cybercrime Prevention Act of 2012 in the Philippines, providing a legal framework for prevention and investigation of cybercrimes and aligning Philippine laws with international efforts.

When was RA 10175 signed into law and when did it take effect?

Signed on September 12, 2012; took effect in October 2012.

When was the IRR for RA 10175 promulgated?

August 12, 2015.

What are the policy aims stated in Section 2 of RA 10175?

Protect the integrity of computer systems; ensure confidentiality, integrity, and availability of data and systems; adopt powers to prevent and combat cybercrime; respect privacy and freedom of expression within the law.

How is 'Computer System' defined in RA 10175?

Any device or group of interconnected or related devices that automatically processes data or information.

What is 'Computer Data' as used in RA 10175?

Any representation of facts, concepts, or information (including programs) in a form suitable for processing in a computer system.

What does 'Without Right' mean in RA 10175?

Conduct undertaken without or in excess of authority; or not covered by lawful defenses, orders, justifications, or permissions.

Fill in the blank: Illegal Access refers to __.

Accessing a computer system without right.

Fill in the blank: Illegal Interception refers to interception of any non-public transmission of data __ a computer system.

to, from, or within

What is Data Interference?

Intentional or reckless alteration, damage, deletion, or deterioration of computer data or electronic documents without right.

What is System Interference?

Intentional or reckless hindering or interference with the functioning of a computer or computer network by manipulating data or programs.

What does 'Misuse of Devices' cover?

Unauthorized production, sale, procurement, importation, distribution, or use of devices designed for committing cyber offenses, or possession with intent to use them for illegal purposes.

Define Cyber-squatting.

Acquiring a domain name in bad faith to profit, mislead, or deprive others, especially if identical or confusingly similar to a name owned by another person.

Name two Computer-Related Offenses.

Computer-Related Forgery (input/alteration/deletion of data to pass off as authentic) and Computer-Related Fraud (unauthorized input/alteration/deletion causing damage to obtain economic benefit).

What is Computer-Related Identity Theft?

Unauthorized acquisition, use, misuse, or appropriation of another person’s identifying information.

What are the Content-Related Offenses listed in RA 10175?

Cybersex; Child Pornography (also addressed by the Anti-Child Pornography Act but punished under RA 10175 when via a computer); Unsolicited Commercial Communications (Spam); Online Libel.

What is a key note about Online Libel from Disini v. Secretary of Justice?

The Supreme Court held that those who merely receive or react to libelous content (e.g., likers or commenters) can be liable; the original author is primarily responsible.

How do penalties under RA 10175 generally compare to offline penalties?

Punishments under RA 10175 are typically one degree higher than their offline counterparts.

Name one enforcement/procedural provision related to data preservation.

Preservation of Computer Data: service providers must preserve computer data for at least six months, extendable by court order.

What is a WDCD and its basic purpose?

Warrant to Disclose Computer Data; authorizes disclosure of subscriber information and traffic data with conditions and time limits (valid up to 10 days, extendable once).

What is the purpose of a WICD?

Warrant to Intercept Computer Data; permits real-time collection of traffic data under strict conditions (identity, necessity, minimization, etc.), valid up to 30 days and extendable once.

What are two key principles governing search and seizure of computer data under RA 10175?

Warrants must be court-issued and incorporate digital forensics to preserve data integrity; the procedures require due process and privacy safeguards.

Which laws are RA 10175’s main legal relationships with?

Replaces or augments traditional RPC crimes (libel, estafa, falsification, threats) as computer-related offenses with higher penalties; also interacts with RA 10173 (Data Privacy Act) and the Anti-Child Pornography Act (RA 9775); aligns with E-Commerce Act (RA 8792).

What is the scope of jurisdiction for RA 10175?

Within Philippine territory; outside PH if the offender is Filipino, the computer system is in PH, or any elements of the crime occurred in PH.

What is the status of restricting or blocking access under RA 10175?

The provision was struck down by the Supreme Court as unconstitutional for due process concerns (no hearing/court order).