CYBERCRIME LAW RA 10175 PDF

This law is already in effect as the Supreme Court uphold its constitutionality February 18, Although some provisions were deemed as unconstitutional struck down particularly Sections 4 c 3 , 7, 12, and It is a law considered to be 11 years in the making as various groups, organizations, and personalities lobbied for its passage. It took awhile for the law to be passed as legislators and various stakeholders need to understand the magnitude of cybercrime and whether the penalty provisions indicated in the E-Commerce Law — Republic Act is sufficient or not. I always look at cybercrime as something under the 2nd block or special penal laws where I think the E-Commerce Law is in.

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By Christopher Lloyd Caliwan August 27, , pm. All other crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, committed by, through, and with the use of ICT, as provided under Section 6, Chapter II of RA , shall be filed before the regular or other specialized regional trial courts, as the case may be.

The prosecution has the duty to move for the transmittal of the records, as well as the transfer of the items' custody to the latter court. The court issuing the warrant may, upon motion, extend its effectivity based only on justifiable reasons for a period not exceeding ten 10 days from the expiration of the original period. On the other hand, content data shall be preserved for six 6 months from the date of receipt of the order from law enforcement authorities requiring its preservation.

The service provider ordered to preserve computer data shall keep the order and its compliance therewith confidential. Section 4. It is the duty of the issuing judge to ascertain if the return has been made, and if none, to summon the law enforcement officer to whom the WDCD was issued and require him to explain why no return was made, without prejudice to any action for contempt as provided under Section 2. The retained copy shall be turned over upon the filing of a criminal action involving the disclosed computer data or subscriber's information to the court where such action has been instituted, or if no criminal action has been filed, upon order of the issuing court ….

The verified application for a WSSECD, as well as the supporting affidavits, shall state the essential facts similar to those in Section 4. The SC said the rule supplements the Rules of Criminal Procedure on the preliminary investigation and all stages of the prosecution of criminal action involving violations of RA with the use of information and communications technologies ICT.

A person found guilty of violation of RA may be imprisoned from six years and one day to 12 years prision mayor or imposed a fine ranging from PHP, to PHP, or both. If a violation is committed against critical infrastructure, the penalty is a prison term ranging from 12 years and one day to 20 years reclusion temporal or a fine of at least PHP, or both.

If a violation involves child pornography, the penalty is one degree higher than that imposed in the Anti-Child Pornography Act of under RA Corporate liability under RA is punishable by a fine ranging from PHP5 million to PHP10 million without prejudice to the criminal liability of corporate officers.

Among the crimes punishable under RA are libel, cybersex, child pornography, and offenses against the confidentiality, integrity and availability of computer data and systems like illegal access, illegal interception, data interference, system interference, misuse of devices, cyber-squatting, computer related fraud, computer-related Identity theft, and unsolicited commercial communications.

The RA tasks the National Bureau of Investigation and the Philippine National Police in the enforcement of the law, while the Department of Justice DOJ is mandated to create an Office of Cybercrime on matters related to international mutual assistance and extradition.

Copyright Philippine News Agency. Privacy Policy Terms of Use. Toggle navigation GOV. Share Share. The salient features of the rules of court on cybercrime offenses, as laid down by the SC are: 1. The court issuing the warrant may, upon motion, extend its effectivity based only on justifiable reasons for a period not exceeding ten 10 days from the expiration of the original period 7.

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In the Know: The cybercrime law

Declaration of Policy. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. Definition of Terms. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices.

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Cybercrime Prevention Act of 2012

Declaration of Policy. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. Definition of Terms. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices.

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