QuestionsQuestions (Republic Act No. 10175)
RA 10175 is known as the “Cybercrime Prevention Act of 2012.”
To create an environment conducive to ICT use while protecting the confidentiality, integrity, and availability of computer systems, networks, and data, and to prevent and combat cyber offenses through detection, investigation, prosecution, and international cooperation.
Access refers to instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.
It means conduct undertaken without or in excess of authority, or conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.
Interception is listening to, recording, monitoring, or surveillance of the content of communications (directly or indirectly via electronic eavesdropping/tapping) while the communication is occurring.
Illegal Access; Illegal Interception; Data Interference; System Interference; Misuse of Devices; and Cyber-squatting.
Access to the whole or any part of a computer system without right.
The intentional or reckless alteration, damaging, deletion, or deterioration of computer data, electronic documents, or electronic data messages without right, including introducing or transmitting viruses.
The use, production, sale, procurement, importation, distribution, or making available without right of devices designed/adapted primarily to commit offenses, or passwords/access codes/similar data intended to access a computer system without right, and possession of such items with intent to use them.
Acquisition of a domain name in bad faith to profit, mislead, destroy reputation, and deprive others from registering it, where the domain name is similar/confusingly similar to a registered trademark, or identical/similar to a person’s name, and acquired without right or with no relevant intellectual property interest.
Unauthorized input/alteration/deletion of computer data or interference in system functioning causing damage with fraudulent intent. If no damage has yet been caused, the penalty is one degree lower.
Transmission of unsolicited commercial electronic communication is prohibited unless one of the exceptions applies (prior affirmative consent; primary intent for service/administrative announcements to existing users/subscribers/customers; or conditions including a valid opt-out, no disguise of source, and no misleading content).
Imprisonment of prision mayor or a fine of at least PHP 200,000 up to a maximum amount commensurate to the damage incurred, or both.
Imprisonment of arresto mayor or a fine of at least PHP 50,000 but not exceeding PHP 250,000, or both.
Regional Trial Courts have jurisdiction over violations, including when committed by a Filipino national regardless of place, and when elements are committed in the Philippines or with computer systems partly situated in the country, or when damage occurs to a person in the Philippines. Special cybercrime courts are designated and manned by specially trained judges.
They may collect or record traffic data in real-time associated with specified communications (origin, destination, route, time, date, size, duration, or type of underlying service) but not content or identities. All other data to be collected/seized/disclosed require a court warrant.
Integrity of traffic data and subscriber information: at least six (6) months from the transaction. Content data: similarly preserved for six (6) months from the date of receipt of the order. A one-time extension of another six (6) months may be ordered.
Any evidence procured without a valid warrant or beyond the authority of the same is inadmissible in any proceeding before any court or tribunal.