CPELAWS CHAP1-5 REVIEWER

• E-Commerce Law (RA 8792)

• Intellectual Property Code of the Philippines (RA 8293)

• Optical Media Act of 2002 (RA 9239)

• Data Privacy Act of 2012 (RA 10173)

• Department of Information and Communication Technology Act of 2015 (RA 10844)

• Cybercrime Prevention Act of 2012 (RA 10175)

Different IT Laws in the Philippines

E-COMMERCE LAW (RA 8792)

this act providing and use of electronic commercial and non-commercial transactions, penalties for unlawful use thereof, and other purposes. Approved by the President Joseph E. Estrada on June 14, 2000.

EC: section 6 to 13

Gave legal recognition of electronic data messages, electronic documents, and electronic signatures

EC: section 16

Allows the formation of contracts in electronic form

EC: section 16

Makes banking transactions done through ATM switching networks absolute once consummated

EC: section 24

Parties are given the right to choose the type and level of security methods that suit their needs.

EC: section 25 and 26

Provides the mandate for the electronic implementation of transport documents to facilitate carriage of goods.

EC: section 27

Mandates the government to have the capability to do e-commerce.

EC: section 28

Connect all government offices to the Internet and provide universal access to the general public.

EC: section 28

Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications.

EC: section 29

Empowers the Department of Trade and Industry to supervise the development of e-commerce in the country.

EC: section 30

Provided guidelines as to when a service provider can be liable.

EC: section 31 and 32

Authorities and parties with the legal right can only gain access to electronic documents, electronic data messages, and electronic signatures.

EC: section 33

Hacking or cracking is punishable by a fine – maximum damage commensurate to damage with imprisonment.

EC: section 33

Piracy through the use of telecommunication network that infringes intellectual property rights is punishable.

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (RA 8293)

It is AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, and AND FOR OTHER PURPOSES. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

• Inventions

• Literally and artistic work

• Designs

• Symbols, names and images

Creations of the mind in commerce, like:

COPY RIGHT

Legal term used to describe the rights that creators have over their literary and artistic works

• Economic Right

• Moral Right

COPYRIGHT RIGHTS:

PATENTS

Exclusive right granted for an invention, which is a product or a process that provides a new way of doing something or offers a new technical solution to a problem.

TRADE MARK

A sign capable of distinguishing the goods or services of one enterprise from those other enterprise

Senator Raul S. Roco (January 1, 1998)

REPUBLIC ACT 8293, is to Protect and secure the exclusive rights of scientists, inventors, artist, and other gifted citizens to their intellectual property and creations. This was highlighted through ________.

OPTICAL MEDIA ACT OF 2003 (RA 9239)

___________ is a statute that regulates optical media, reorganizes the video gram regulatory board for this purpose, imposes fines, and serves other functions. This Act establishes the country's fundamental principles for protecting and promoting intellectual property rights. It regulates the production, mastering, replication, importation, and exportation of optical media.

Optical Media

A storage medium or device in which information, including sounds and/or images, or software code, has been stored, either by mastering and/or replication, which may be accessed and read using a lens scanning mechanism employing a high intensity light source such as a laser or any such other means as may be developed in the future.

Gloria Macapagal Arroyo in February 10, 2004

Who and When did OPTICAL MEDIA ACT RA9239 signed?

GROUNDS FOR SUSPENSION OR CANCELLATION OF LICENSE

• When requested by the license holder

• When the license holder has ceased to engage in the activities authorized under the license or in the place, location or premises indicated in the license;

• When the license holder has been convicted of an offense under this Act or under any other Law relating to the protection of intellectual property rights; or

• When the license holder is in breach of, or is unable to comply with any of the conditions prescribed in the license.

Php 300,000.00 Php 1,500,000.00

Closure of establishment, confiscation of manufacturing equipment, parts, materials or optical media products and/or a fine of not less than Php _______ but not more than Php _________ shall be imposed upon any person, establishment or entity

DATA PRIVACY ACT OF 2012 (RA 10173)

• Guarantees people’ privacy while ensuring the free flow of information to foster innovation and progress;

• Supervises the collection, recording, organization, storage, update or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of personal information; and

• Assures that the Philippines adheres with international standards established for data protection by the National Privacy Commission.

National Privacy Commission (NPC)

The ________ is the country's privacy watchdog; an independent agency tasked with administering and implementing the DPA, as well as monitoring and ensuring that the country complies with international data protection standards.

• Data Subject

• Personal Information Controller

• Personal Information Processor

Three Personas Involved (DPA)

• The right to be informed

• The right to access

• The right to object

• The right to erasure or blocking

• The right to damages

• The right to file a complaint

• The right to rectify

• The right to data portability

Our Rights!

DEPARTMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY (RA 10844)

The Department will plan, develop, and advance the national agenda for ICT development. It is the principal policy-making, planning, coordinating, implementing, and administrative body of the Executive Branch.

May 23, 2016

Republic Act No. 10844, which was ratified on _______

October 17, 2016, by DBM Secretary Benjamin E. Diokno and DICT Secretary Rodolfo A. Salalima.

The Implementing Rules and Regulations were signed on _______ by _________ and __________.

CYBERCRIME PREVENTION ACT (RA 10175)

The Philippine Congress enacted ____________ which addresses crimes committed against and through computer systems on 12 September 2012. It includes penal substantive rules, procedural rules and also rules on international cooperation

CYBERCRIME

Often known as computer crime, is the use of a computer to advance criminal activities, such as fraud, the trafficking of child pornography, infringements on intellectual property, identity theft, or invasions of privacy.

Illegal Access

Access to a computer or any application without permission

Illegal Interception

Interception of any non-public communication of computer data to, from, or within a computer system by an unauthorized person

Data Interference

Unauthorized tampering with, destroying, deleting, or deteriorating computer data, electronic documents, or electronic data messages, as well as the introduction or transmission of viruses. This provision can also cover authorized activity if the person's behaviour went beyond the agreed-upon scope and resulted in the damages listed in this provision

Computer-related Fraud:

Unauthorized access to, alteration of, or deletion of computer data or programmes, or interference with the operation of a computer system, with the purpose to cause damage.

Computer-related Identity Theft

Unauthorized acquisition, use, abuse, transfer, possession, change, or deletion of an individual's identifying information, whether natural or legal

Cybersex

For favour or consideration, willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious presentation of sexual organs or sexual activity via a computer system.

Child Pornography

Unlawful or banned activities conducted through a computer system, as defined and punished by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009.

section 4 ( c )

Section of (9). Cybersex, (10). Child Pornography, (11). Libel,

section 4 ( b )

Section of (6). Computer related Forgery, (7). Computer-related Fraud, (8). Computer-related Identity Theft

section 4 ( a )

Section of (1). Illegal Access, (2). Illegal Interception, (3). Data Interference, (4). System Interference, (5). Misuse of devices-Cybersquatting

SOCIAL JUSTICE

The idea of creating a society that is based on equality and values human rights.

Economic Rights

Having sufficient life goods, such as food, shelter, clothing, health care, work, etc.

Culture Rights

Maintaining dignity and self-esteem by recognizing the value and uniqueness of every person.

Political Rights

Participating in society and politics to help shape one's own destiny.

Duties and Rights

Promoting solidarity by fighting for economic, cultural, and political rights for every person.

Security

Concern for Survival

Self-Worth

Concern for personal recognition

Self-Determination

Concern for control over one's life

Interdependence

Concern for others

Human Rights

refers to the concept of human beings as having universal natural rights, or status, regardless of legal jurisdiction or other localizing, such as ethnicity, nationality, and sex.

• INHERENT

• UNIVERSAL

• INDIVISIBLE

• INALIENABLE

FOUR CHARACTERISTICS OF HUMAN RIGHTS

CIVIL RIGHTS

Pertains to rights belonging to a person by reason of citizenship.

POLITICAL RIGHTS

Enables the people to participate in running or influencing the administration of the government.

ECONOMIC RIGHTS

Pertains to access to resources - such as land, labour, physical, and financial capital - that are essential for the creation, legal appropriation, and market exchange of goods and services.

SOCIAL RIGHTS

Relates to living together or enjoying life in communities or organized groups.

CULTURAL RIGHTS

Ensures the well-being of the individual and foster the preservation, enrichment and dynamic evolution of arts, manners and way of living of a group with principles of unity in diversity of expression.

Digital Divide

__________ is a social issue referring to the differing amount of information between those who have access to the Internet (especially broadband access) and those who do not have access.

Deontology

________ an action is intrinsically right or evil, independent of the consequences it may cause. An ethical deed is never dependent on the outcome that is anticipated; instead, it might stem from a duty (pluralism) or a basic human right (contractarianism).

Teleology

____________ evaluate actions according to their purposes or results, giving the good precedence over the right. Therefore, right behaviors are those that maximize good or optimize the results of decisions, whereas wrong actions do not increase well.

Egoism

The focus of egoism is self-interest. This ethical principle serves as rationalization for any action taken to further the interests of the person. Does the exercise help me in any way personally?" is the most effective approach to encapsulate the idea.

Utilitarianism

The Utilitarianism principle incorporates the concept of behaving for the common benefit rather than personal gain. According to this idea, an action is proper if it optimizes benefits above costs for all people involved, assuming all circumstances are equal.

Altruism

It is triggered when a choice helps others at the expense of some

LAWS

___________ are formal rules that control our behaviour as members of society.

LAWS

They outline what we must do and, more frequently, what we must not do.

MORALITY

_________ is an informal set of values, principles, beliefs, conventions, and ways of life.

ETHICS

__________ s a discipline of philosophy that seeks to answer the basic issue, "What should I do?"

Natural or Moral Laws

The belief that certain laws of morality are inherent by human nature, reason, or religious belief, and that they are ethically binding on humanity. Example: The law of reasons, the law of eternal.

Scientific Laws

Statements that describe an observable occurrence in nature that appears to always be true. They are not the creation of men and cannot be changed by them. Example: The law of gravitation, laws of motion.

Imperative Laws

Rules of action imposed upon men by some authority which enforces obedience to it. There are two kinds: Divine or Human.

Common Laws

Laws that are based on court or tribunal decisions, which govern future decisions on similar cases. They are also known as "case laws" or "case precedent".

Criminal Laws

Define criminal acts and offenses, govern the arrest, detention, charging, and prosecution of accused offenders, and sets specific punishments. They are a type of imperative law.

Civil Laws

Govern ordinary private matters, separate from criminal, military, or political matters. They provide redress for wrongs by compensating the person wronged rather than punishing the wrongdoer.

Procedural Laws

Sets forth the methods, rules, and procedures for court cases to help ensure laws are applied fairly.

National Laws

Laws by which the people are governed by the state (further classified into constitutional laws and ordinary laws).

International Laws

The set of rules generally regarded and accepted in relations between nations.

• Custom

• Religion and Morality

• Legislation

• Judicial Decisions

• Legislation

SOURCES OF LAW

Characteristics of Computer Engineering Graduates

Possess the ability to design computers, computer-based systems and networks that include both hardware and software and their integration to solve novel engineering problems.

CHED CMO NO. 87 SERIES OF 2017

CPE CURRICULUM is CHED:

economic, social, and environmental.

There are three pillars to sustainable development:

Knowledge

What is Level 1 in development

comprehension

What is Level 2 in development

application

What is Level 3 in development

1. No Poverty

2. Zero Hunger

3. Good Health and Well-being

4. Quality Education

5. Gender Equality

6. Clean Water and Sanitation

7. Affordable and Clean Energy

8. Decent Work and Economic Growth

9. Industry, Innovation, and Infrastructure

10. Reduced Inequalities

11. Sustainable Cities and Communities

12. Responsible Consumption and Production

What are the 12SDGs discussed

a) Overpopulation

b) Pollution

c) Global Warming

d) War

e) Stupidity

f) Disease

g) Habitat Destruction

h) Species Extinction

SOCIETAL PROBLEMS

SOCIAL RESPONSIBILITY

It means a commitment from the engineering profession to place the public safety and interest ahead of all other considerations.

Professional ethics

__________ encompasses interactions and duties to customers, clients, co-workers, employees, and employers, individuals who utilize one's products and services, and those they influence.

professional

A ________ has an obligation to conduct ethically.

Ethical responsibility

__________ is the ability to perceive, comprehend, and act upon different principles and values based on the norms within a certain area and/or situation.

1. PUBLIC

2. CLIENT AND EMPLOYER

3. PRODUCT

4. JUDGMENT

5. MANAGEMENT

6. PROFESSION

7. COLLEAGUES

8. SELF

SOFTWARE ENGINEERING CODE OF ETHICS AND PROFESSIONAL PRACTICE

The Eight Principles:

1. Thou shalt not use a computer to harm other people.

2. Thou shalt not interfere with other people's computer work.

3. Thou shalt not snoop around in other people's computer files.

4. Thou shalt not use a computer to steal.

5. Thou shalt not use a computer to bear false witness.

6. Thou shalt not copy or use proprietary software for which you have not paid (without permission).

7. Thou shalt not use other people's computer resources without authorization or proper compensation.

8. Thou shalt not appropriate other people's intellectual output.

9. Thou shalt think about the social consequences of the program you are writing or the system you are designing.

10. Thou shalt always use a computer in ways that ensure consideration and respect for other humans.

TEN COMMANDMENTS OF COMPUTER ETHICS