cybercrime L4

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.

alteration

refers to the modification or change, in form or

substance, of an existing computer data or program.

communication

refers to the transmission of information

through ICT media, including voice, video and other forms of

data.

computer

❖ 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.

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.

computer program

refers to a set of instructions executed by

the computer to achieve intended results.

computer system

efers to any device or group of

interconnected or related devices, one or more of which,

pursuant to a program, performs automated processing of data.

without right

1. conduct undertaken without or in excess of

authority; or

2. conduct not covered by established legal defenses,

excuses, court orders, justifications, or relevant

principles under the law

cyber

refers to a computer or a computer network, the

electronic medium in which online communication takes place.

critical infrastructure

❖ the computer systems, and/or networks, whether

physical or virtual, and/or the computer programs,

computer data and/or traffic data

❖ so vital to this country that the incapacity or

destruction of or interference with such system and

assets would have a debilitating impact on security,

national or economic security, national public health

and safety, or any combination of those matters.

cybersecurity

refers to the collection of tools, policies, risk

management approaches, actions, training, best practices,

assurance and technologies that can be used to protect the

cyber environment and organization and user's assets.

database

refers to a representation of information,

knowledge, facts, concepts, or instructions which are being

prepared, processed or stored or have been prepared,

processed or stored in a formalized manner and which are

intended for use in a computer system.

interception

n refers to listening to, recording, monitoring or

surveillance of the content of communications, including

procuring of the content of data, either directly, through access

and use of a computer system or indirectly, through the use of

electronic eavesdropping or tapping devices, at the same time

that the communication is occurring.

service provider

❖ Any public or private entity that provides to users of its

service the ability to communicate by means of a

computer system; and

❖ Any other entity that processes or stores computer

data on behalf of such communication service or users

of such service.

subscriber’s information

refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data a

traffic data or non-content data

refers to any computer data

other than the content of the communication including, but

not limited to, the communication's origin, destination, route,

time, date, size, duration, or type of underlying service.

bits, bytes

At a basic level, all computer data is just a series of Os and 1s.

Each of these is referred to as a “binary digit'", for which "bit"

(b) is just an abbreviation.

byte (B)

is (generally) a collection of eight bits, so called

because of the pun with bit and bite. Similarly, a collection of

four bits - half a byte- is sometimes called a "nibble".

bandwidth

is an indication of how quickly data travels along

a connection. The greater the answer, the faster data will be

sent and received. (ex. 1 Mbps)

sec 4. cybercrime offense

a) Offenses against the confidentiality, integrity and

availability of computer data and systems.

b) Computer-related Offenses.

c) Content-related Offenses

sec 5. other offense

a) Aiding or Abetting in the Commission of Cybercrime.

b) Attempt in the Commission of Cybercrime.

sec 6

a) All crimes defined and penalized by the Revised Penal

Code, as amended, and special laws, if committed by,

through and with the use of ICTs

sec 9. corporate liability

If committed by a natural person for the benefit of juridical

person:

• 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,

maximum of 10M

The juridical person shall be held liable for a fine equivalent

to at least double the fines imposable in Section 7 (Liability

under Other Laws)

maximum of 5M

If the commission of any of the punishable acts herein defined

was made possible due to the lack of supervision or control by

a natural person referred to and described in the preceding

paragraph, for the benefit of that juridical person by a natural

person acting under its authority, the juridical person shall be

held liable for a fine equivalent to at least double the fines

imposable in Section 7

sec 10. law enforcer 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. (NBI Cybercrime Division and

PNP Anti- Cybercrime Group)

sec 11. duties of law enforcer authorities

To ensure that the technical nature of cybercrime and its

prevention is given focus and considering the procedures

involved for international cooperation, 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. (DOJ

Office of Cybercrime)