RA 10175 or the “CYBERCRIME PREVENTION ACT OF 2012

Very recently RA 10175 was enacted or the “CYBERCRIME PREVENTION ACT OF 2012.”  This law is enacted to effectively prevent and combat  exploitation of information and communications technology.

1.       Is stealing electronic data and accessing restricted computer data punishable?

Yes. The law punishes illegal access in whole or in part of computer system without right. It is likewise illegal to intercept transmission of computer data without authority.

2.       Can a person be liable for cybercrime for unauthorized use of computer password?

Yes. The law prohibits illegal distribution or use of access code, password, or similar data which may compromise access to a computer system.

3.       Is cyber-squatting punishable in this act?

Yes. The acquisition of domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same.

4.       Is a person who created a FACEBOOK PAGE using another person’s identity be liable of cybercrime?

Since this a new law, there is no jurisdiction on the matter yet, however, based on the provision of the law, if it may be proved that the person acted in bad faith with the purpose of besmirching the reputation of the person or preventing such person in creating his own page, he is liable. Although, when acted in good faith, like creation of a FAN PAGE, I opine that it is not violative of the law.

5.       What is computer forgery?

Computer forgery is the unauthorized alteration, input, or deletion of computer data to make it appear authentic. Or the act of knowingly using computer data which is the product of computer-related forgery for the purpose of perpetuating a fraudulent or dishonest act or scheme.

6.       What is computer identity-theft?

It is the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right. Provided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree lower.

7.       Is unsolicited advertisement to sell or offer of sale of products prohibited?

Yes. The law prohibits unsolicited commercial communications.

8.       Can a person be accused of libel through a Fccebook comment?

Yes. Based on the law, libel as defined in the Revised Penal Code, may be committed through a computer system or any other similar means which may be devised in the future.

9.       Is a corporation liable when the cybercrime is committed by its employees?

Yes, provided that it can be shown that the individual acted directly or indirectly in behalf of the corporation. This is indirectly shown when the individual is a person holding a leading position and he acted within the bounds of his authority.

10.   What agency assists in the investigation and prosecution of cybercrimes?

Cybercrime Investigation and Coordinating Center under the Department of Justice created to assist in the suppression of cybercrime offenses.

11.   Which court has jurisdiction over cybercrimes?

Regional Trial Court