part 1

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CLASSIFICATION OF CYBERCRIME






A. COMPUTER FRAUD AND FINANCIAL CRIMES



TERM: COMPUTER FRAUD AND FINANCIAL CRIMES

DEFINITION: · It involves the use of computers, networks, or digital systems to unlawfully obtain money, property or financial advantage through deception, manipulation or breach of trust.





Computer-Related Fraud



TERM: Computer-Related Fraud

DEFINITION: Unauthorized input, alteration, or deletion of data to gain benefit or cause loss.

EXAMPLE: Manipulating online banking records to transfer funds.



Phishing & Social Engineering



TERM: Phishing & Social Engineering

DEFINITION: Deceiving victims into revealing credentials or financial info.

EXAMPLE: False bank emails requesting login details.



Credit/Debit Card Fraud



TERM: Credit/Debit Card Fraud

DEFINITION: Using stolen card data for unauthorized purchases.

EXAMPLE: Skimming devices or hacked e-commerce sites.



Online Investment & Ponzi Schemes



TERM: Online Investment & Ponzi Schemes

DEFINITION: Fraudulent offers promising high returns.

EXAMPLE: Crypto “pump-and-dump” scams.



Business E-mail Compromise



TERM: Business E-mail Compromise

DEFINITION: Impersonating executives to trick staff into wiring funds.

EXAMPLE: False supplier payment instructions.



Identity Theft



TERM: Identity Theft

DEFINITION: Using stolen personal data for financial gain.

EXAMPLE: Opening loans under another person’s name.





Note (Computer Fraud Laws)



TERM: Computer Fraud Laws

DEFINITION:

· RA 10175 (Cybercrime Prevention Act of 2012)

· RA 8795 (Electronic Commerce Act of 2000) – penalizes hacking and unauthorized access.

· Revised Penal Code – applies to estafa, swindling, and falsification when committed digitally.

· RA 9160 as amended (Anti-Money Laundering) – covers laundering of proceeds from cyber-enabled crimes.





Computer-Related Fraud (Penalty Table)



TERM: Computer-Related Fraud

DEFINITION: Unauthorized input, alteration, or deletion of computer data to cause loss or gain.

LAW & PROVISION: RA 10175 (Sec. 8 in relation to Sec. 6)

PENALTY: Prision mayor (6 yrs 1 day–12 yrs) + fine ≥ P200k, higher if committed against critical infrastructure

SCENARIO: Altering e-banking transaction logs to redirect funds to own account



Computer-Related Forgery



TERM: Computer-Related Forgery

DEFINITION: Input/alteration of data to produce inauthentic info presented as authentic.

LAW: RA 10175, Sec. 7

PENALTY: Same as computer-related fraud

SCENARIO: Creating forged e-land titles uploaded to government database



Phishing / Social Engineering (Penalties)



TERM: Phishing / Social Engineering

DEFINITION: Deceiving user into revealing credentials via false emails/attachments

LAW: RA 10175 + RPC estafa provisions

PENALTY: RPC Art. 315: Imprisonment of 5 yrs–20 yrs + fine up to triple the value defrauded

SCENARIO: ‘Bank’ email with spoofed link collecting ATM PINs



Credit/Debit Card Fraud (Penalties)



TERM: Credit/Debit Card Fraud

DEFINITION: Use of stolen card data for purchases or cash advance

LAW: RA 8484 – Access Devices Regulation Act

PENALTY: Fine up to P50K + imprisonment

SCENARIO: Skimming ATM cards in mall kiosk



Online Investment / Ponzi Schemes (Penalties)



TERM: Online Investment / Ponzi Schemes

DEFINITION: Offering unreal returns via digital platforms

LAW: Securities Regulation Code (RA 8799) + RA 10175 if computer used

PENALTY: Prison mayor + fine

SCENARIO: Crypto ‘pump-and-dump’ via social media groups



Business Email Compromise (Penalties)



TERM: Business Email Compromise (BEC)

DEFINITION: Impersonating executives/suppliers to order fund transfers

LAW: RA 10175, Sec. 8; RPC Estafa

PENALTY: Prison mayor + fine ≥ P200k

SCENARIO: Finance officer wires P5M on ‘supplier’ email that was spoofed



Identity Theft for Financial Gain



TERM: Identity Theft for Financial Gain

DEFINITION: Using stolen personal data to open accounts or secure loans

LAW: RA 10175, Sec. 4(b)

PENALTY: 7–14 yrs + fine P3M–P4M

SCENARIO: Loan approved using hacked gov’t ID data



Money Laundering (linked to cybercrime)



TERM: Money Laundering (linked to cybercrime)

DEFINITION: Concealing origins of criminal proceeds via e-transfers

LAW: RA 9160 (AMLA) as amended

PENALTY: 7–14 yrs + fine P3M–P4M

SCENARIO: Routing hacked bank funds through online wallets





B. CYBERTERRORISM



TERM: Cyberterrorism

DEFINITION:

· A premeditated use of cyberspace and digital tools to conduct attacks or threats that cause, or aim to cause grave harm to life, property, critical infrastructure, or public order in pursuit of political, ideological, religious or social objectives.

· It merges the elements of terrorism: Coercion, Intimidation, Fear with cybercrime: Digital Methods or Network Exploitation.





Methods of Cyberterrorism



TERM: Distributed Denial of Service (DDoS)

DEFINITION: Overwhelming a target’s server to disrupt services.

EXAMPLE: 2007 Estonia attacks on government and banks.


TERM: Malware & Cyberweapons

DEFINITION: Infiltrating systems to sabotage or damage.

EXAMPLE: Stuxnet worm targeting Iran’s nuclear program.


TERM: Subscription & Propaganda

DEFINITION: Hijacking websites to spread extremist messages.

EXAMPLE: Terror group propaganda on hacked news sites.


TERM: Critical Infrastructure Intrusion

DEFINITION: Accessing and manipulating control systems.

EXAMPLE: Ukraine power grid attacks (2015-2016).


TERM: Data Breach & Leak

DEFINITION: Stealing sensitive data to intimidate or destabilize.

EXAMPLE: Sony Pictures hack linked to political retaliation.





Legal Context of Cyberterrorism (PH)



TERM: Cyberterrorism Laws

DEFINITION:

· Human Security Act of 2007 (RA 9372) or Anti-Terrorism Act of 2020 (RA 11479).

· Cybercrime Act of 2012 (RA 10175) – for component offenses like illegal access, system interference, or data interference.

· Special Laws – RA 4200 (Anti-Wiretapping Law), RA 9995 (Anti-Photo and Video Voyeurism Act), if relevant to the act.





C. CYBEREXTORTION



TERM: Cyberextortion

DEFINITION:

· Also known as Digital Blackmail or Ransomware.

· An offender gains unauthorized access to a victim’s data, systems or networks and then demands payment or other benefits to stop an attack, restore access, or prevent the release of sensitive information.

· Payment is often demanded in Cryptocurrency for anonymity. Even if paid, there is no guarantee the attacker will honor the agreement.





Characteristics of Cyberextortion



TERM: Characteristics of Cyberextortion

DEFINITION:


  1. Criminal Leverage – holding data, systems, or services hostage.

  2. Threat of Harm - could be reputational, operational, financial, or physical.

  3. Digital Delivery – Conducted entirely via online or networked systems.

  4. Anonymity Tools - Use of crypto wallets, TOR or anonymizing services.






Types of Cyberextortion



TERM: Ransomware

DEFINITION: Malware encrypts files; attacker demands payment for decryption key.

EXAMPLE: WannaCry (May 2017)

SCENARIO: Ransomware+Worm Hybrid – Self-spreading worm, no user interaction needed once inside a network.


TERM: Ransom DDoS (RDooS)

DEFINITION: Flood with traffic; attacker demands payment to stop.

EXAMPLE: 2020 attacks on NZ stock exchange.

SCENARIO: Trading halted for the rest of the day. Attacks resumed on subsequent days, forcing four days of trading suspensions with only intermittent availability.


TERM: Data Theft & Threat to Leak

DEFINITION: Stealing sensitive data and threatening public release unless paid.

EXAMPLE: 2021 ACER breach

SCENARIO: Encrypted critical Acer files; Stole sensitive corporate data (bank balances, communications, customer records). Threatened to leak the data unless paid.


TERM: Email-based Extortion

DEFINITION: Threatening to release compromising material unless paid.

EXAMPLE: Sextortion scams targeting individuals.

SCENARIO: Victims are told the material will be sent to family, persons, employees, or posted online unless they pay — usually in cryptocurrency or cash for anonymity.





Cyberextortion Laws



TERM: Cyberextortion Laws

DEFINITION:

· Cybercrime Prevention Act of 2012 (RA 10175) – Computer-related fraud (Sec.9); illegal access, data interference, system interference (Sec. 4).

· RPC – Grave Threats, Coercion, Extortion (Art. 282-294)

· Access Device Regulation Act (RA 8484) – if payment involved or if with ransom (Anti-Money Laundering).





D. CYBERWARFARE



TERM: Cyberwarfare

DEFINITION:

· It is the use of cyberattacks by a state or state-sponsored actors against another state’s digital infrastructure. With the intent similar to traditional warfare to cause harm comparable to critical systems – such as disrupting, damaging infrastructures or undermining national security.





Key Characteristics of Cyberwarfare



TERM: Key Characteristics of Cyberwarfare

DEFINITION:


  1. State-linked actors – often military units, intelligence agencies or proxy hacker intent for strategic, military or economic advantage.

  2. Critical Infrastructure Focus – power systems, defense networks, communications.

  3. Potential Kinetic Link – cyber operation may accompany or trigger physical military action.






Types of Cyberwarfare



TERM: Espionage

DEFINITION: Stealing classified or sensitive data from governments or military systems.

EXAMPLE: 2020 Solar Winds breach (suspected state espionage).


TERM: Sabotage

DEFINITION: Damaging or disabling systems to hinder operations.

EXAMPLE: Stuxnet worm targeting Iranian Nuclear centrifuges.


TERM: DDoS Attacks

DEFINITION: Overwhelming servers to disrupt services.

EXAMPLE: 2007 Estonia attacks on government and banks.


TERM: Attacks on Critical Infrastructure

DEFINITION: Targeting power grid, transport or water systems.

EXAMPLE: Ukraine power grid outages (2015-2016)


TERM: Economic Disruption

DEFINITION: Attacking financial markets or payment systems.

EXAMPLE: 2020 NZ stock exchange DDoS extortion campaign.


TERM: Propaganda & Influence

DEFINITION: To influence public opinion.

EXAMPLE: Social media influence campaigns during elections.





Cyberwarfare Legal Provision



TERM: Cyberwarfare Legal Provision

DEFINITION:

· Illegal Access, Data Interference, System Interference – attacks targeting Philippine Systems.

· Misuse of Devices – for creating, distributing cyberweapons. If the act meets the definition of terrorism under RA 11479 – Anti-Terrorism Act of 2020, it may be prosecuted.





E. CYBER FRAUD



TERM: Cyber Fraud

DEFINITION:

· A form of fraud committed through ICT (computers, networks, mobile devices, or the internet) to deceive individuals or organization for unlawful gain – usually financial, but sometimes involving data theft or reputational harm.





Types of Cyber Fraud



TERM: Phishing/Spoofing

DEFINITION: Fake E-mails, SMS or Websites to steal credentials.

EXAMPLE: “Bank” e-mail asks you to log in via a fake link.


TERM: Business E-mail Compromise (BEC)

DEFINITION: Impersonating executives to request fund transfers.

EXAMPLE: Fraudster poses as CEO instructs urgent payment.


TERM: Online Loan/Investment Scams

DEFINITION: Fake offers requiring “processing fees” for a non-existent loan/investment.

EXAMPLE: Victim pays fees for a non-existent loan.


TERM: Digital Arrest Scam

DEFINITION: Fake law enforcement calls demanding payment to avoid arrest.

EXAMPLE: Senior citizen transfers millions fearing detention.


TERM: E-Commerce Fraud

DEFINITION: Selling non-existent goods/services online.

EXAMPLE: Buyer pays, seller disappears.


TERM: Identity Theft

DEFINITION: Using stolen personal data for transactions.

EXAMPLE: Fraudster opens bank accounts under another name.





Cyber Fraud Penalties



TERM: Cyber Fraud Penalties

DEFINITION:

· RA 10175 Cybercrime Prevention Act of 2012 – penalties for computer-related fraud are prision mayor or fines up to P500,000.00 higher if in relation to critical infrastructure.

· RA 8792 Electronic Commerce Act of 2000 – Imprisonment up to 6 years and/or fines up to P1,000,000.00.

· Art. 315 RPC Estafa (Swindling) – Penalty depends on amount defrauded; can reach reclusion temporal.





F. OBSCENE OR OFFENSIVE CONTENT



TERM: Obscene or Offensive Content

DEFINITION:

· The content of websites and other electronic communication may be obscene or offensive for a variety of reasons.

· Miller Test is used as a reference in the Philippines jurisprudence to assess online videos, images or texts. It depicts sexual conduct in a patently offensive way.

· Art. 201 of RPC – criminalizes the publication, exhibition and distribution of obscene materials.

· RA 10175 Cybercrime Prevention Act of 2012 – Extends Art. 201 to acts committed through ICT like uploading, sharing or streaming obscene content online.

· Customs Modernization and Tariff Act – Prohibits importation of obscene materials, including digital media.





Common Cybercrime (Obscene or Offensive Contents)



TERM: Obscene/Offensive Content Acts

DEFINITION:

I. Uploading obscene videos to social media or adult sites accessible in the Philippines.

II. Live-streaming indecent show for paying viewers.

III. Sharing obscene memes or deepfakes targeting individuals that may overlap with cyber libel or gender-based online sexual harassment.

IV. Selling obscene digital content via encrypted messaging apps or dark web marketplaces.





Key Distinctions and Overlaps



TERM: Key Distinctions and Overlaps

DEFINITION:

· Victim Profile

· Obscenity – may involve adults; focus on protecting public.

· Child Pornography – exclusively involves minors under 18 years old.

· GBOSH – targets specific individuals, often in harassment context.

· Consent

· Obscenity – consent irrelevant if content meets obscene threshold.

· Child Pornography – consent invalid; minors cannot legally consent.

· GBOSH – revolves around lack of consent to receive/share sexual content.

· Protected Interests

· Obscenity – community morals and decency.

· Child Pornography – welfare and dignity of children.

· GBOSH – dignity, safety and psychological well-being of individuals.





Obscenity Legal Basis Table



TERM: Obscenity

DEFINITION: Revised Penal Code Art. 201, as amended by R.A. 10175 — Content that depicts sexual conduct in a patently offensive way, lacking serious literary, artistic, political, or scientific value.

PENALTY: Prision mayor or fine of P6,000–P12,000 or both; one degree higher if via ICT


TERM: Child Pornography

DEFINITION: R.A. 9775 (Anti-Child Pornography Act of 2009), as amended by R.A. 10175 — Any representation of a child engaged in real or simulated sexual activity or any depiction of a child’s sexual organs.

PENALTY: Reclusion temporal to reclusion perpetua, plus fines up to P5M; one degree higher if via ICT


TERM: Gender-Based Online Sexual Harassment (GBOSH)

DEFINITION: R.A. 11313 (Safe Spaces Act), plus R.A. 10175 if committed via ICT — Unwanted sexual advances, threats, or sharing of sexual content through electronic means that cause mental or emotional distress.

PENALTY: P100K–P500k fine and/or 6-8 years imprisonment, higher if committed by authority figures or in workplaces/schools





G. HARASSMENT



TERM: Harassment

DEFINITION:

· Refer to the use of ICT (Information and Communication Technology) to repeatedly target, intimidate, threaten or cause distress to an individual or group.

· It can be direct (e.g. messages, posts, calls) or indirect (e.g. doxxing, impersonation, spreading harmful content).

· Often overlaps with related offenses like cyber libel, cyber stalking or online sexual harassment.





Common Cyber Harassment Forms



TERM: Cyber Harassment Forms

DEFINITION:


  1. Cyberstalking – Continuous monitoring of online activity, sending repeated unwanted messages.

  2. Cyberbullying – humiliating or intimidating someone online (often in school contexts).

  3. Doxxing – Publishing private information to invite harassment.

  4. Impersonation – creating fake accounts to damage reputation.

  5. Threats & Intimidation – messages implying harm to life, property or reputation.






Cyber Harassment Legal Framework



TERM: Cyber Harassment Legal Framework

DEFINITION:

LAW | RELEVANT PROVISIONS | APPLICATION TO CYBER HARASSMENT

RA 10175 – Cybercrime Prevention Act | Sec. 4(c)(4) – Cyber libel; Sec. 4(a)(1) – Illegal Access | Defamatory posts, hacking accounts

RA 11313 – Safe Spaces Act | Gender-Based Online Sexual Harassment | Unwanted sexual advances, doxing, or threats via digital platforms

RA 9262 – Anti-VAWC Act | Psychological violence via ICT | Harassment by a protective partner causing emotional distress

RA 9995 – Anti-Photo and Video Voyeurism Act | Unauthorized recording/distribution of intimate images | Revenge porn or threats to release intimate content

Revised Penal Code Arts 282–293 – Grave threats; Art. 297 – Unjust vexation | Threats of harm, persistent online frustration





H. DRUG TRAFFICKING



TERM: Drug Trafficking

DEFINITION:

· The use of digital technologies, online platforms and ICT tools to facilitate the production, sale, distribution or financing of illegal drugs.

· It includes dark-net markets, encrypted messaging apps, social media, and fake e-commerce sites.

· Often paired with cryptocurrency transactions to conceal identities and launder proceeds.





Drug Trafficking Methods



TERM: Drug Trafficking Methods

DEFINITION:

METHODS | PLATFORM/TOOL | CRIMINOLOGICAL NOTES

Darknet Markets | TOR-Hidden services | Anonymous vendor-buyer networks; escrow via crypto.

Encrypted Messaging Apps | Signal, Telegram, WhatsApp | End-to-end encryption hinders interception, often used for “dead-drop” coordination.

Social media Micro-Markets | Facebook, Instagram, TikTok | Code words, emojis, and closed groups to advertise and arrange sales.

Fake E-Pharmacies | Rogue websites | Sell prescription drugs without authorization; often ship internationally.

Cryptocurrency Laundering | Bitcoin, Monero | Obscures payment trail; mixers/tumblers used to break transaction links.




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