Law Summary
Definitions
- Defines key terms like Access, Alteration, Communication, Computer, Computer Data, Computer Program, Computer System, Without Right, Cyber, Critical Infrastructure, Cybersecurity, Database, Interception, Service Provider, Subscriber's Information, and Traffic Data.
- Covers broad spectrum of ICT devices including mobile phones, networks, and internet-connected devices.
Cybercrime Offenses
- Categorizes cybercrimes into offenses against confidentiality, integrity, and availability of data; computer-related offenses; and content-related offenses.
- Offenses include Illegal Access, Illegal Interception, Data Interference, System Interference, Misuse of Devices, Cyber-squatting.
- Computer-related offenses include forgery, fraud, and identity theft with computer involvement.
- Content-related offenses cover cybersex, child pornography with enhanced penalties, unsolicited commercial communications, and libel via computer systems.
Other Offenses
- Includes aiding or abetting and attempts to commit offenses as liable acts.
- Penalties are one degree lower for attempts and accomplices.
Penal Provisions
- Imprisonment and fines provided varying by offense severity.
- Higher penalties for violations involving critical infrastructure and child pornography.
- Monetary fines scale up to amounts commensurate with damage caused.
Corporate Liability
- Juridical persons may be held liable if cybercrimes committed by natural persons within scope of authority.
- Fines may reach up to PhP 10 million.
- Liability of corporations independent of natural persons’ criminal liability.
Enforcement Authorities and Duties
- NBI and PNP responsible for enforcing the Act.
- Creation of specialized cybercrime units within law enforcement.
- Requirement for these units to submit regular reports to DOJ.
Real-Time Data Collection and Preservation
- Authorizes real-time collection of traffic data with due cause.
- Preservation of traffic data and subscriber info for six months mandatory.
- Extension of preservation period possible.
- Disclosure of data requires court warrant and must be timely.
Search, Seizure, and Examination
- Warrants authorize securing, copying, examining, and possibly removing computer data.
- Law enforcement may compel technical assistance for data access.
- Forensic examination time may be extended up to 30 days.
Custody and Destruction of Data
- Data examined must be deposited with courts with accompanying affidavits.
- Data sealed and access strictly controlled.
- Mandatory destruction of preserved or seized data after prescribed periods.
Evidence and Access Restriction
- Evidence from invalid or unauthorized warrants inadmissible.
- DOJ authorized to block access to unlawful computer data.
Noncompliance and Penalties
- Failure to comply with lawful orders punishable under PD No. 1829.
- Imprisonment or fine applies per noncompliance instance.
Jurisdiction
- Regional Trial Courts have jurisdiction over cybercrime cases.
- Jurisdiction applies to offenses by Filipinos overseas when damage affects persons or entities in the Philippines.
- Establishes special courts with trained judges for cybercrime.
International Cooperation
- Full cooperation observed with international instruments and agreements related to cybercrime.
Competent Authorities
- DOJ has Office of Cybercrime as central authority for international matters.
- Creation of Cybercrime Investigation and Coordinating Center (CICC) under Office of the President.
- CICC chaired by ICTO-DOST Executive Director with members from NBI, PNP, DOJ, and private sector.
Powers and Functions of CICC
- Formulate national cybersecurity plan.
- Assist suppression of real-time offenses.
- Coordinate prevention and suppression measures.
- Monitor cases and facilitate international cooperation.
- Engage public and private sectors in cybercrime prevention.
- Recommend legal and policy measures.
- Coordinate government agency assistance.
Final Provisions
- Annual budget of PhP 50 million appropriated for implementation.
- ICTO-DOST, DOJ, and DILG to promulgate implementing rules within 90 days.
- Separability and repealing clauses safeguard the Act's validity and amend conflicting laws.
- Effective 15 days after publication in official and general circulation media.