Law Summary

1. Title

• Legal Document: This Act shall be known as the "Cybercrime Prevention Act of 2012."

2. Declaration of Policy

• Legal Principle: The State recognizes the significance of information and communications technologies (ICT) in national development and the necessity to protect computer systems and data integrity.
• Key Requirements:
  • The State will implement measures to prevent, investigate, and prosecute cybercrime.
  • Emphasis on international cooperation for effective enforcement.

3. Definition of Terms

• Key Definitions:
  • Access: Utilization of resources of a computer system or network.
  • Alteration: Modification of existing computer data or programs.
  • Cybersecurity: Tools and policies to protect cyberspace.
  • Traffic Data: Non-content data related to communication such as origin, destination, etc.

4. Cybercrime Offenses

• Legal Principle: Various acts are classified as cybercrime offenses.
• Key Offenses:
  • Illegal Access: Accessing a computer system without authorization.
  • Data Interference: Alteration or destruction of data without rights.
  • Cyber-squatting: Acquiring domain names in bad faith.
  • Cybersex and Child Pornography: Engaging in or distributing obscene materials via a computer.

5. Other Offenses

• Legal Principle: Aiding, abetting, or attempting cybercrime also constitutes an offense.
• Consequences: Individuals involved in these activities can also face penalties.

6. Penalties

• Legal Principle: Specific penalties are prescribed for each type of cybercrime offense.
• Key Penalties:
  • Imprisonment of "prision mayor" or fines ranging from PhP200,000 to PhP500,000 for various offenses.
  • Increased penalties for acts against critical infrastructure.

7. Corporate Liability

• Legal Principle: Corporations can be held liable for cybercrimes committed on their behalf.
• Key Requirements:
  • Fines imposed can be double the standard fines for individuals.
  • Liability does not absolve individual criminal responsibility.

8. Enforcement and Implementation

• Legal Principle: Designated authorities enforce the provisions of this Act.
• Key Authorities:
  • NBI and PNP: Tasked with organizing cybercrime units.
  • Reporting Requirements: Regular reports to the DOJ regarding investigations.

9. Real-Time Collection of Traffic Data

• Legal Principle: Law enforcement can collect traffic data under specific conditions.
• Key Procedures:
  • Requires a court warrant based on reasonable grounds.
  • Data must be preserved for a minimum of six months.

10. Jurisdiction

• Legal Principle: Regional Trial Courts hold jurisdiction over violations.
• Key Details:
  • Jurisdiction applies to offenses committed by Filipino nationals regardless of location.

11. International Cooperation

• Legal Principle: The Act promotes cooperation based on international agreements.
• Important Details: Full force and effect of international instruments in investigations.

12. Final Provisions

• Key Requirements:
  • Annual appropriations of PhP50,000,000 for implementation.
  • Joint formulation of implementing rules by relevant departments within 90 days.
• Repealing Clause: Inconsistent laws are repealed or modified.

Key Takeaways

• The Cybercrime Prevention Act of 2012 establishes a legal framework to combat cybercrime, defining various offenses and their penalties.
• It emphasizes the importance of cybersecurity and the role of ICT in national development.
• Law enforcement agencies have specific responsibilities and powers to combat cybercrime, including real-time data collection and preservation.
• Corporations can face significant penalties for offenses committed on their behalf, highlighting the importance of compliance.