Registration Requirement for Internet Service Providers (ISPs)
- Memorandum Circular No. 02-05-2008 mandates the registration of ISPs with regulatory authorities.
Mandate under Republic Act No. 9775 (Anti-Child Pornography Act of 2009)
- Section 9 requires the National Telecommunications Commission (NTC) to formulate rules and regulations within 90 days of the Act’s effectivity.
- Rules include the installation of filtering software by ISPs to block child pornography content.
Legal and Regulatory Framework for Implementation
- Guidelines are promulgated pursuant to RA 9775, RA 7925 (Public Telecom Policy Act of 1995), and Executive Order No. 546 series 1979.
- The objective is to protect children from exposure to child pornography through ISP cooperation.
Obligations of Internet Service Providers
- ISPs must install available technological solutions (program or software) to block or filter websites hosting child pornography.
- This installation must occur within 120 days after submission of proposed filtering technologies to the Inter-Agency Council Against Child Pornography (IACACP).
Submission and Evaluation of Filtering Technologies
- ISPs are required to submit at least three carrier-grade technology solutions to the IACACP for evaluation.
- If the IACACP does not object within five days, ISPs may proceed to acquire any of the submitted technologies.
Blocking and Filtering of Identified Child Pornography Websites
- The NTC will provide ISPs with a list of identified child pornography websites for immediate blocking.
- ISPs are protected from liability arising from compliance with blocking or filtering orders issued by the NTC.
Monthly Reporting Requirements
- ISPs must submit monthly reports within five days after the month ends to the IACACP.
- Reports must include a list of blocked child pornography websites that subscribers attempted to access.
Notification and Cooperation with Law Enforcement
- ISPs must notify either the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven days upon learning any incidents or facts indicating use of their services for child pornography offenses.
Data Preservation Requirements
- ISPs are required to preserve customer data records relevant for investigation and prosecution.
- Data includes time, origin, and destination of internet access.
- This preservation is to aid law enforcement in criminal investigations.
Limitation of ISP Monitoring Duties
- ISPs are not required to monitor users, subscribers, customers, or content proactively.
- Their obligation is limited to blocking/filtering and reporting as specified.
Penalties for Non-Compliance
- Violations of any provisions of the guidelines are grounds for fines and other penalties as provided by law.
Repeal and Amendment of Conflicting Orders
- Previous circulars, orders, or memoranda inconsistent with this Circular are repealed or amended accordingly.
Effectivity of the Guidelines
- The guidelines take effect fifteen days after publication in a newspaper of general circulation.
- Three certified true copies are to be furnished to the University of the Philippines Law Center for documentation.