#COSMO69

Wednesday, October 3, 2012

1 #NoToCybercrimeLaw

TODAY IS A HORRIBLE DAY. The Cybercrime Prevention Act of 2012 takes effect today after the Aquino government remained deaf-blind with the Supreme Court failing to issue a temporary restraining order on the implementation of the measure.

Also today, I am reiterating my opposition against some of the absurd provisions of the law, which do not only attack our freedom of expression, but also pave the way for the despicable in the society to shield themselves from public scrutiny.

YES to free speech; NO to the following:
Sec. 4(a)(3), which includes data interference, defined as “the intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses,” in the list of cybercrime offenses;

Sec. 4(b)(3), which lists computer-related identity theft, defined as the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another,  as one of computer-related offenses;

Sec. 4(c)(4), which criminalizes libel, not only on the internet, but also on “any other similar means which may be devised in the future”;

Sec. 5(a), which lists "aiding or abetting in the Commission of Cybercrime" as an additional offense under the law;

Sec. 5(a)(b), which identifies other offenses punishable under the law, such as: (a) Aiding or Abetting in the Commission of Cybercrime; and (b) Attempt in the Commission of Cybercrime;

Sec. 6, which raises by one degree higher the penalties provided for by the Revised Penal Code for all crimes committed through and with the use of information and communications;

Sec. 7, which provides that, apart from prosecution under the law, any person charged for the alleged offense covered will not be spared from violations of the Revised Penal Code and other special laws;

Sec. 12, which authorizes law enforcement authorities to collect or record, by technical or electronic means, traffic data in real-time;

Sec. 14, which authorizes law enforcement authorities, armed with a court warrant, to require "any person or service provider to disclose or submit subscriber's information, traffic data or relevant data in his/its possession or control within 72 hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation";

Sec. 15, which authorizes law enforcement authorities to search, seize and examine computer data;

Sec. 17, which authorizes service providers and law enforcement agencies to “completely destroy the computer data subject of a preservation and examination” order;

Sec. 19, which authorizes the DOJ to block access to computer data when such data “is prima facie found to be in violation of the provisions of this Act”;

Sec. 20, which states that those who fail to comply with provisions of Chapter IV (Enforcement and Implementation), specifically orders from law enforcement agencies, shall face imprisonment of prision correctional (6 months and 1 day to 6 years) in its maximum period or a fine of P100,000 or both, for each noncompliance;

Sec. 24, which creates, beginning effectivity of the law on Oct. 3, an inter-agency body under the Office of the President (OP) to be known as the Cybercrime Investigation and Coordinating Center (CICC) for "policy coordination" and "formulation and enforcement of the national cybersecurity plan”;

Sec. 26(a), which details the powers and functions of the CICC;

Sec. 28, which provides for the crafting of the law's Implementing Rules and Regulations (IRR) by the Dept. of Science and Technology (DOST), DOJ, and the Dept. of Interior and Local Govt. (DILG); and

Sec. 29, pertaining to the separability clause which shields provisions of the law not rendered invalid from any declaration of invalidity by a competent court.

FOLLOWUP SC issues TRO on new cyber law

1 Feedback:

Anonymous said...

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