Capacity Building Efforts of the Philippines in Cyberspace

Cybercrime: Philippine Experience

•“LOVE BUG” case was perpetrated bya Filipino student in 2000 which,purportedly caused worldwide damagein the amount US$ 12Billion.

•Government prosecutors filed casesagainst him, but indictment waseventually dismissed as there was nolaw penalizing the conduct at the time.

I. Enactment of Republic Act (RA) 8792, otherwise known asthe “Electronic Commerce Act of 2000”. RA 8792 provides forthe legal recognition and admissibility of electronic datamessages, documents and signatures. The salient features ofthe Act are as follows:

1. Provides for the admissibility of electronic documents incourt cases;

2. Penalizes limited online crime, such as hacking, piracy andintroduction of viruses; and

LEGISLATIVE CAPACITY BUILDING

Continued…II. Passage of the Rules on Electronic Evidence, which provides

for Rules of admissibility of evidence in electronic form,subject to its authenticity and reliability;

III. Issuance of Philippine Central Bank Circulars 240 and 269,2000 regulating the electronic banking services of financialinstitutions. Among the requirements mandated by saidcirculars are as follows:

• A manual on corporate security policy and procedures which address all security issues affecting its electronic banking system;

• Integrity – assures that the data has not been altered;

• Confidentiality – ensures that no one except the sender

Continued…IV. Enactment of R.A. 9775, otherwise known as the “Anti-Child

Pornography Act of 2009.” Among the prohibited acts punished undersaid legislation are as follows:

• To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of child pornography;

• To produce, direct, manufacture or create any form of child pornography and child pornography materials;

• To sell, offer, advertise and promote child pornography and child pornography materials;

• To possess, download, purchase, reproduce or make available child pornography materials with the intent of selling or distributing them;

Continued…

• To publish, post, exhibit, disseminate, distribute, transmit or broadcast child pornography or child pornography materials;

• To knowingly possess, view, download, purchase or in any way take steps to procure, obtain or access for personal use child pornography materials; and

• To attempt to commit child pornography by luring or grooming a child;

• To engage in pandering or any form of child pornography;• To possess any form of child pornography;• Conspiracy to commit the above-mentioned acts.

Continued…o Extensive protection for children under R.A. 9775:

“Children" refers to persons below eighteen (18) years of age orthose over but are unable to fully take care of themselves orprotect themselves from abuse, neglect, cruelty, exploitation ordiscrimination because of a physical or mental disability orcondition. For the purpose of this Act, a child shall also refer to:(1) a person regardless of age who is presented, depicted orbelieved to be a child as defined herein; and (2) a computer-generated, digitally or manually crafted images or graphics of aperson who is represented or who is made to appear to be a childas defined herein.

Continued…• Creation of the Inter-Agency Council Against Child Pornography,

which shall exercise the following functions:

a. Formulate comprehensive and integrated plans and programs toprevent and suppress any form of child pornography;

b. Promulgate rules and regulations as may be necessary for theeffective implementation of this Act;

c. Monitor and oversee the strict implementation of this Act;d. Coordinate the programs and projects of the various members

agencies effectively address the issues and problems attendantto child pornography;

e. Conduct and coordinate massive information disseminations andcampaign on the existence of the law and the various issues andproblems attendant to child pornography;

f. Direct other agencies to immediately respond to the problemsbrought to their attention and report to the Council on the actiontaken;

Continued…g. Assist in the filling of cases against individuals, agencies,

institutions or establishments that violate the provisions of thisAct;

h. Formulate a program for the reintegration of victims of childpornography;

i. Secure from any department, bureau, office, agency orinstrumentality of the government or from NGOs and other civicorganizations such assistance as may be needed to effectivelyimplement this Act;

j. Complement the shared government information system relativeto child abuse and exploitation and ensure that the properagencies conduct a continuing research and study on thepatterns and schemes of any form of child pornography whichform basis for policy formulation and program direction;

k. develop the mechanism to ensure the timely, coordinated andeffective response to cases of child pornography;

Continued…k. Recommend measures to enhance cooperative efforts and

mutual assistance among foreign countries through bilateraland/or multilateral arrangements to prevent and suppress anyform of child pornography;

l. Adopt measures and policies to protect the rights and needs ofthe victims of child pornography who are foreign nationals in thePhilippines;

m. maintain a database of cases of child pornography;n. Initiate training programs in identifying and providing the

necessary intervention or assistance to victims of childpornography; and

o. Submit to the President and the Congressional Oversightcommittee credited herein the annual report on the policies,plans, programs and activities of the Council relative to theimplementation of this Act.

Continued…IV. Proposed Cybercrime Prevention Act of 2012. Salient Provisions:

• Computer was also further defined as a device with data processing capabilities like mobile phones, smart phones, computer networks, and other devices connected to the Internet.

• employees, officers or agents of a service provider whose facilities are used in transmission of communications will not be exempted from facing criminal charge

• Creation of Cybercrime Investigation and Coordinating Center comprised of the head of the Department of Justice Office of Cybercrime and one representative each from the private sector and the academe.

• Punishes offenses against confidentiality, integrity and availability of computer data and systems which include illegal access, illegal interception, data interference, system interference, misuse of devices;

• Punishes computer-related offences which include computer-related forgery and computer-related fraud;

I. Creation of the Task Force on E-Government, Cyber Security and CyberCrime by the Philippine Department of Justice;

II. Equipment ModernizationIII.Cybercrime Training for Prosecutors. The curriculum includes:

1. Basics of Computers and Networks;2. Cybercrime, Cybercrime Laws, Electronic Evidence;3. Jurisprudence/Case Studies, Enforcement Implementation and

Coordination Activities to Prevent Cybercrime;4. Legal Processes to Obtain Evidence, Weighing; and5. Utilizing Evidence and Issues in Electronic Evidence.

CAPACITY BUILDING ON ENFORCEMENT

Continued…

IV. Establishment of the Special Task Force-Project AngelNet. Among itsfunctions are as follows:

• To address Internet-based abusive behavioural activities through digitalinvestigative techniques and intervention operations;

• To identify the offenders of these abuses and provide informationnecessary for their prosecution under Philippine laws;

• To identify the victims, in particular the children, and obtain informationnecessary for their assistance and subsequent rehabilitation andpsychiatric evaluation of the victim;To provide on-line and physicalvenues for victims and their guardians. These facilities shall be manned24/7 and has the capability to provide immediate response to ongoingvictimization.

• To coordinate with all stakeholders for advocacy, awareness campaignregarding the dangers of the internet as wells as the safe and smart useof the internet.

Continued…

V. Creation of the Commission on Information and CommunicationsTechnology. Among its functions are:

• To ensure the provision of strategic, reliable and cost-efficientinformation and communications technology (ICT) infrastructure,systems, and resources as instruments for nation-building and globalcompetitiveness;

• To ensure a policy and legal environment that will promote a level playingfield, partnerships between the public and the private sectors, strategicalliances with foreign investors, balanced investments between high-growth and economically-depressed areas, and broader private sectorparticipation in ICT development;

• To preserve the rights of individuals to privacy and confidentiality of theirpersonal information;

THANK YOU