Beruflich Dokumente
Kultur Dokumente
10175
September 12, 2012
S. No. 2796
H. No. 5808
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday the Twenty-fifth day of July
two thousand eleven.
[ Republic Act No. 10175 ]
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Title. This Act shall be known as the Cybercrime Prevention
Act of 2012.
SEC. 2. Declaration of Policy. The State recognizes the vital role of
information and communications industries such as content production,
telecommunications, broadcasting electronic commerce, and data
processing, in the nations overall social and economic development. The
State also recognizes the importance of providing an environment
conducive to the development, acceleration, and rational application and
exploitation of information and communications technology (ICT) to attain
free, easy, and intelligible access to exchange and/or delivery of
information; and the need to protect and safeguard the integrity of
computer, computer and communications systems, networks, and
databases, and the confidentiality, integrity, and availability of information
and data stored therein, from all forms of misuse, abuse, and illegal
access by making punishable under the law such conduct or conducts. 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.
SEC. 3. Definition of Terms. For purposes of this Act, the following terms
are hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a
computer system or communication network.
(b) Alteration refers to the modification or change, in form or substance, of
an existing computer data or program.
(c) Communication refers to the transmission of information through ICT
media, including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or
other data processing or communications device, or grouping of such
devices, capable of performing logical, arithmetic, routing, or storage
functions and which includes any storage facility or equipment or
communications facility or equipment directly related to or operating in
conjunction with such device. 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.
(e) Computer data refers to any representation of facts, information, or
concepts in a form suitable for processing in a computer system including
a program suitable to cause a computer system to perform a function and
includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the
computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or
related devices, one or more of which, pursuant to a program, performs
automated processing of data. 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. It also includes computer
data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken without or in
excess of authority; or (ii) conduct not covered by established legal
defenses, excuses, court orders, justifications, or relevant principles under
the law.
(i) Cyber refers to a computer or a computer network, the electronic
medium in which online communication takes place.
(p) Traffic data or non-content data refers to any computer data other
than the content of the communication including, but not limited to, the
communications origin, destination, route, time, date, size, duration, or
type of underlying service.
CHAPTER II
PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. The following acts constitute the offense
of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of
computer data and systems:
(1) Illegal Access. The access to the whole or any part of a computer
system without right.
(2) Illegal Interception. The interception made by technical means
without right of any non-public transmission of computer data to, from, or
within a computer system including electromagnetic emissions from a
computer system carrying such computer data.
(3) Data Interference. The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic document, or
electronic data message, without right, including the introduction or
transmission of viruses.
(4) System Interference. The intentional alteration or reckless hindering
or interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or
transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under this Act;
or
(bb) A computer password, access code, or similar data by which the
whole or any part of a computer system is capable of being accessed with
intent that it be used for the purpose of committing any of the offenses
under this Act.
organs or sexual activity, with the aid of a computer system, for favor or
consideration.
(2) Child Pornography. The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of
2009, committed through a computer system: Provided, That the penalty
to be imposed shall be (1) one degree higher than that provided for in
Republic Act No. 9775.
(3) Unsolicited Commercial Communications. The transmission of
commercial electronic communication with the use of computer system
which seek to advertise, sell, or offer for sale products and services are
prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users,
subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid,
and reliable way for the recipient to reject. receipt of further commercial
electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely
disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce the
recipients to read the message.
(4) Libel. The unlawful or prohibited acts of libel as defined in Article
355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in the
future.
SEC. 5. Other Offenses. The following acts shall also constitute an
offense:
(a) Aiding or Abetting in the Commission of Cybercrime. Any person who
willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall be
held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal Code, as
amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the
relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal
Code, as amended, and special laws, as the case may be.
SEC. 7. Liability under Other Laws. A prosecution under this Act shall be
without prejudice to any liability for violation of any provision of the
Revised Penal Code, as amended, or special laws.
CHAPTER III
PENALTIES
SEC. 8. Penalties. Any person found guilty of any of the punishable acts
enumerated in Sections 4(a) and 4(b) of this Act shall be punished with
imprisonment of prision mayor or a fine of at least Two hundred thousand
pesos (PhP200,000.00) up to a maximum amount commensurate to the
damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall
be punished with imprisonment of prision mayor or a fine of not more than
Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at least Five
hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(1) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00)
but not exceeding One million pesos (PhP1,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(2) of this Act shall be punished with the penalties as
enumerated in Republic Act No. 9775 or the Anti-Child Pornography Act of
2009: Provided, That the penalty to be imposed shall be one (1) degree
higher than that provided for in Republic Act No. 9775, if committed
through a computer system.
Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a
fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in
Section 5 shall be punished with imprisonment one (1) degree lower than
that of the prescribed penalty for the offense or a fine of at least One
authorities, as the case may be, shall immediately and completely destroy
the computer data subject of a preservation and examination.
SEC. 18. Exclusionary Rule. Any evidence procured without a valid
warrant or beyond the authority of the same shall be inadmissible for any
proceeding before any court or tribunal.
SEC. 19. Restricting or Blocking Access to Computer Data. When a
computer data is prima facie found to be in violation of the provisions of
this Act, the DOJ shall issue an order to restrict or block access to such
computer data.
SEC. 20. Noncompliance. Failure to comply with the provisions of
Chapter IV hereof specifically the orders from law enforcement authorities
shall be punished as a violation of Presidential Decree No. 1829 with
imprisonment of prision correctional in its maximum period or a fine of
One hundred thousand pesos (Php100,000.00) or both, for each and every
noncompliance with an order issued by law enforcement authorities.
CHAPTER V
JURISDICTION
SEC. 21. Jurisdiction. The Regional Trial Court shall have jurisdiction
over any violation of the provisions of this Act. including any violation
committed by a Filipino national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or
partly situated in the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially
trained judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Sec. 22. General Principles Relating to International Cooperation All
relevant international instruments on international cooperation in criminal
matters, arrangements agreed on the basis of uniform or reciprocal
legislation, and domestic laws, to the widest extent possible for the
purposes of investigations or proceedings concerning criminal offenses
related to computer systems and data, or for the collection of evidence in
electronic form of a criminal, offense shall be given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No.
5808 was finally passed by the Senate and the House of Representatives
on June 5, 2012 and June 4, 2012, respectively.
CYBERBULLYING
Bullies and mean girls have been around forever, but technology now gives them a whole new
platform for their actions. The old "sticks and stones" saying is no longer true both real-world
and online name-calling can have serious emotional consequences for our kids and teens.
It's not always easy to know how and when to step in as a parent. For starters, most kids use
technology differently than we do. They're playing games online and sending texts on their phones
at an early age, and most teens have devices that keep them constantly connected to the Internet.
Many are logged on to Facebook or Tumblr and chatting or texting all day. Even sending email or
leaving a voicemail can seem old-school to them. Their knowledge of the digital world can be
intimidating to parents.
But staying involved in kids' cyber world, just as in their real world, can help parents protect them
from its dangers. As awareness ofcyberbullying has grown, parents have learned more about
how to deal with it. Here are some suggestions on what to do if this modern type of bullying has
become part of your child's life.
What Is Cyberbullying?
Cyberbullying is the use of technology to harass, threaten, embarrass, or target another person.
By definition, it occurs among young people. When an adult is involved, it may meet the definition
of cyber-harassment or cyberstalking, a crime that can have legal consequences and involve
jail time.
Sometimes cyberbullying can be easy to spot for example, if your child shows you a text, tweet,
or response to a status update on Facebook that is harsh, mean, or cruel. Other acts are less
obvious, like impersonating a victim online or posting personal information, photos, or videos
designed to hurt or embarrass another person. Some kids report that a fake account, webpage, or
online persona has been created with the sole intention to harass and bully.
Cyberbullying also can happen accidentally. The impersonal nature of text messages, IMs, and
emails make it very hard to detect the sender's tone one person's joke could be another's
hurtful insult. Nevertheless, a repeated pattern of emails, texts, and online posts is rarely
accidental.
Because many kids are reluctant to report being bullied, even to their parents, it's impossible to
know just how many are affected. But recent studies about cyberbullying rates have found that
about 1 in 4 teens have been the victims of cyberbullying, and about 1 in 6 admit to having
cyberbullied someone. In some studies, more than half of the teens surveyed said that
they've experienced abuse through social and digital media.
Effects of Cyberbullying
No longer limited to schoolyards or street corners, modern-day bullying can happen at home as
well as at school essentially 24 hours a day. Picked-on kids can feel like they're getting blasted
nonstop and that there is no escape. As long as kids have access to a phone, computer, or other
device (including tablets), they are at risk.
Severe, long-term, or frequent cyberbullying can leave both victims and bullies at greater risk for
anxiety, depression, and other stress-related disorders. In some rare but highly publicized cases,
some kids have turned to suicide. Experts say that kids who are bullied and the bullies
themselves are at a higher risk for suicidal thoughts, attempts, and completed suicides.
The punishment for cyberbullies can include being suspended from school or kicked off of sports
teams. Certain types of cyberbullying can be considered crimes.
Signs of Cyberbullying
Many kids and teens who are cyberbullied don't want to tell a teacher or parent, often because
they feel ashamed of the social stigma or fear that their computer privileges will be taken away at
home.
Signs of cyberbullying vary, but may include:
being emotionally upset during or after using the Internet or the phone
Block the bully. Most devices have settings that allow you to electronically block emails,
IMs, or texts from specific people.
Limit access to technology. Although it's hurtful, many kids who are bullied can't resist
the temptation to check websites or phones to see if there are new messages. Keep the
computer in a public place in the house (no laptops in children's bedrooms, for example) and
put limits on the use of cellphones and games. Some companies allow you to turn off text
messaging services during certain hours. And most websites and smartphones include parental
control options that give parents access to their kids' messages and online life.
Know your kids' online world. Ask to "friend" or "follow" your child on social media
sites, but do not abuse this privilege by commenting or posting anything to your child's profile.
Check their postings and the sites kids visit, and be aware of how they spend their time online.
Talk to them about the importance of privacy and why it's a bad idea to share personal
information online, even with friends. Write up cellphone and social media contracts that you
are willing to enforce.
Learn about ways to keep your kids safe online. Encourage them to safeguard
passwords and to never post their address or whereabouts when out and about.
If your son or daughter agrees, you may also arrange for mediation with a therapist or counselor
at school who can work with your child and/or the bully.
hurl insults at one another. She knows them all. Or at least she thought she did. The Hanover
Park mother was surprised Thursday to learn that several local schools sent letters warning
parents about the dangers of Yik Yak, a Twitter-like application that lets kids post
anonymous comments to users in a 5- or 10-mile radius.
NEWS
Are cellphones a must for middle school kids? Parents try to dial in when to get kids a
cellphone
By Alexa Aguilar, Special to the Tribune | August 8, 2012
With the start of middle school just around the corner, Alyssa Davidson's family decided the
time was right for her to reach one of society's newer childhood milestones: She can have a
cellphone of her own. The 11-year-old will be a sixth-grader at Geneva Middle School North
this fall, and now can text, play Fruit Ninja, and call her mom whenever she needs to check
in. "We felt she was responsible enough," said her mother, Chris Davidson.
PORNOGRAPHY
Since the beginning of the internet age, pornography has been consumed in greater quantities
than ever before in human history, and its content has grown more graphic. Recent research
suggests that pornography consumption - especially consumption of a more hard-core or violent
sort - has negative effects on individuals and society. More studies are necessary, but a growing
body of research strongly suggests that for some users pornography can be psychologically
addictive, and can negatively affect the quality of interpersonal relationships, sexual health and
performance, and social expectations about sexual behavior. Widespread pornography
consumption appears to pose a serious challenge to public health and to personal and familial
well-being. With concerted action from legislators, the therapeutic community, educators,
policymakers, and responsible corporate leaders, however, some of the negative effects of
pornography consumption can be combated. This monograph, The Social Costs of Pornography:
A Statement of Findings and Recommendations, is the fruit of an inquiry begun at a consultation
held in Princeton, New Jersey, in December 2008, sponsored by the Witherspoon Institute and
cosponsored by the Institute for the Psychological Sciences. This consultation, which sought to
estimate the social costs of pornography, was the first multifaceted, multidisciplinary, scholarly
exploration in the internet age of a subject that is critically important to the health and well-being
of many Americans: the hidden but real social toll of the current consumption of pornography especially internet pornography - on an unprecedented scale.
http://articles.latimes.com/keyword/pornography/recent/2
A pastor and youth soccer coach has pleaded not guilty to charges that he molested
an 8-year-old Huntington Beach girl and possessed child pornography. Christopher
Raymond Olague, 39, of Westminster was arrested by Huntington Beach police in
October after the mother of the girl reported the alleged molestation. Olague
allegedly picked up the girl Oct. 5 for a play date at a park with one of his daughters.
Instead, he took her to the parking lot of a grocery store and molested her,
Huntington Beach Police Lt. Russell Reinhart said.
NATIONAL
Stuffed animals, teen magazines and children's underwear were found in a raid of a
Wilmington motel that was home to dozens of convicted child molesters and
registered sex offenders, authorities said Monday. Eight people were taken into
custody Friday for alleged parole violations, including possession of child
pornography or narcotics. Most of those arrested were middle-aged men whose
previous offenses included lewd and lascivious conduct with children or other sex
crimes, said Det. Patricia Batts of the Los Angeles Police Department.
CALIFORNIA | LOCAL
It was a rainy Tuesday afternoon in late December, and the Chinatown Branch
Library was buzzing. While a line of children waited to check out books, other patrons
surfed the Internet at a bank of computers nearby. At one computer, a man sat
watching pornography. And parents complained. Every day adults across the city use
library computers to do research, read news, watch YouTube videos and apply for
jobs. And 1st Amendment protections give them the right to also access some
pornography, city officials say. Regular library patrons say it is not uncommon.
CALIFORNIA | LOCAL
The title of the evening event at a mosque in Corona was intended to provoke
discussion, even as it raised an eyebrow or two: "The Islamization of Weed?" The
unusual lecture at the Islamic Society of Corona-Norco in February drew about 150
people, most of them younger than 30. The idea, Imam Mustafa Umar said, was to
encourage a dialogue and attract people who might be put off by a more traditionally
religious theme. Not that the speaker, Sheikh Yassir Fazaga from Mission Viejo, was
there to advocate marijuana use or say it was permissible in Islam.
CALIFORNIA | LOCAL
Will Ferrell will be joining "The Office" for four episodes at the end of Steve Carell's
run. ( Los Angeles Times ) It's official: This year's Coachella is sold out. ( Los Angeles
Times ) Indie darlings Wilco just got even more indie: They've formed their own
music label. ( Los Angeles Times ) "Skins' " creator says his show is the "opposite of
pornography. " Does that mean people who are against the show are actually propornography? ( Los Angeles Times )
OPINION
I t's true that Christine O'Donnell, Delaware's surprise senatorial candidate, bears
some resemblance to Sarah Palin. Both are attractive brunettes who've staked their
political careers on extreme social conservatism. Both emerged on the national stage
seemingly out of nowhere and proceeded to make liberals and even a lot of
Republicans slap their collective foreheads in disbelief. Perhaps most important, both
are catnip for a media that loves to search for skeletons in closets that also happen
to contain several pairs of designer pumps.
ENTERTAINMENT
If you just happen to have watched adult film clips on the Internet lately "Teens
Love to Experiment," "2 Glamorous Women and One Lucky Guy," perhaps? you
might have stumbled across a very unusual advertisement: a trailer for the new
movie "Middle Men." Hollywood has cooked up all sorts of unusual marketing buys in
recent years giant billboards that envelop skyscrapers, newspaper ads that look
like real stories, logos on taxicab hubcaps and baseball bases.
we sigh that it's a fact of life, and we just have to put up with
all of it. Consider Cameron's speech last week, which
featured, among the easy (and, it turned out, ill-considered)
applause lines about child protection, only one moment of
engagement with the granular detail of porn, in his vow that
depictions of rape would be banned as if there were
anything bold or controversial about the idea that videos
which normalise so reprehensible a crime should be beyond
the pale.
Because he is a politician, and has therefore never seen any
pornography ever at all ever, that's about as far as Cameron
can go. Probably that's for the best: the really important
debates about pornography should not be about legal
principles, but ethical ones. Here's where my oh, God,
there's no other word for it expertise comes in. I can tell
you, for example, that if you're interested in watching two
people having sex (and see no moral problem in that
interest) but not so interested in watching women being
treated badly, your options are pretty limited. I can tell you
that it is quite common to have 18-year-old girls dressed up
in school uniform and filmed in a classroom. I can tell you
that condoms are rarely sighted, and that performers in the
US who will simply not get work if they insist on them being
used have contracted serious illnesses as a result.
There is lots more of this detail, but it only gets more specific,
and you probably don't want to read about it over your
breakfast. Still, it's enormously important. A few years ago, I
interviewed The Sun's agony aunt Deidre Sanders, who told
me that the biggest change in the make-up of her postbag
since she took up the role in 1980 was the precipitous growth
in letters from men and women whose relationships had been
There are frequent calls for action to be taken over pornography but what is
the evidence it harms people who view it?
In 1961, a psychologist called Albert Bandura carried out a groundbreaking
experiment. He had children watch an adult beating up an inflatable doll, then left
each child with the doll to see what he or she would do. The children also threw
punches at it.
He concluded that we are inclined to copy violent behaviour, rather than find it
cathartic.
Years later, Neil Malamuth, a psychology student at UCLA, decided to test our
reactions to pornography in a similar way and has spent his career researching the
subject.
In an experiment in 1986, he recruited 42 men and assessed them on the "likelihood
of rape" scale. Then he divided them randomly into three groups. The first was given
a selection of sexually explicit materials containing scenes of rape and
sadomasochism. The second was given non-violent pornography. The third group the control - was given none at all.
About a week later, in what they thought was an unrelated experiment, each of the
men was paired up with a woman, and told that she was not attracted to him. Then
they had to play a guessing game, with the man having an option to punish the
woman each time she got the answer wrong.
From this and many other experiments, Malamuth concluded that if a man is already
sexually aggressive and consumes a lot of sexually aggressive pornography, there is
a greater likelihood that he will commit a sexually aggressive act.
Some campaigners have used this research to claim pornography leads to rape - but
Malamuth says that is too simplistic.
He draws an analogy with alcohol.
"For some people alcohol simply has the effect of making them more relaxed, letting
them have more fun. For other people it's true that alcohol can increase the likelihood
that somebody will behave in a violent way.
"But if I simply make the overall generalisation alcohol causes violence or leads to
violence, you'd probably say that's glossing over a lot of the nuances.
"Similarly with pornography, for some people, it may be viewed as a positive aspect
of their life and does not lead them in any way to engage in any form of anti-social
behaviour. For some people who do have several other risk factors, it can add fuel to
the fire."
"Women in their forties, in their fifties, even in their sixties are highly sought after," he
reveals. "In fact Britain is one of the countries that has the greatest level of popularity
for granny porn."
He calculates that one in six or seven internet searches are for pornography. Its
prevalence and accessibility to children has led researchers to question what effect it
is having on young people.
Earlier this year the UK children's commissioner asked academics from Middlesex
University to review all the available evidence about the effect on adolescents. They
excluded articles that had a very "particular ideological angle" or gave them a very
low ranking - particularly if they also had methodological problems. They used a
weight of evidence approach to rank the quality and relevance of the papers - and
gave them a strength rating of high, medium or low.
More than 40,000 papers were submitted, but only 276 met their criteria.
Forensic psychologist Miranda Horvath and her colleagues were shocked by the
quality of the research and by "how many very strongly worded, opinion-led articles
there are out there which purport to be producing research, producing new findings
when actually it's really based on opinion".
What did they conclude about the effects of pornography on young people?
"Pornography has been linked to unrealistic attitudes about sex, beliefs that women
are sex objects, more frequent thoughts about sex, and children and young people
who view pornography tend to hold less progressive gender role attitudes."
Most of the recent studies in this field have been correlational. That means you ask a
sample of young people whether they've seen pornography, or how often, and then
ask them what they think of sex or gender role attitudes, for example.
But it is not possible to establish causation from correlational studies, and to say
whether pornography is changing or reinforcing attitudes.
"That is the real next step that research needs to take," says Horvath, "to try to
identify which came first."
The only sure way to do that is with the kind of randomised, controlled experiments
that Malamuth carried out at UCLA, where you expose people in the laboratory to
violent pornography and observe what effects it has on them.
But Malamuth says he can no longer conduct such tests - in case he is right.
"We and other researchers have come up with a dilemma of ethics committees
saying, well, we believe your effects are valid and, therefore, we're very afraid that at
some point we might be sued if even one person claims that they went out and
committed an act of rape by having been exposed to certain materials in your
research."
In other words, it is unlikely that researchers will ever be able to prove that
pornography is causing behaviour change.
Horvath believes it is time to give up looking for cause and effect and instead "focus
on identifying young people's characteristics, vulnerabilities and strengths and how
and why they might be related to their experiences of pornography".
The next step, she argues, is for researchers to broaden their questions to consider
pornography in a wider context.
"You will often hear people saying, I saw a music video or I saw something on the
telly which is very similar to what you would see in pornography.
"Young people see these sexualised images day to day in a whole variety of contexts
and we don't fully yet understand how they process that, and how or whether they
even do distinguish between, say, a music video and pornography."
PLAGIARISM
http://www.gmanetwork.com/news/story/276514/scitech/technology/plagiarismpunishable-under-cybercrime-law-de-lima#sthash.BvHViD6Q.dpuf
Plagiarists, or those who steal and pass off the ideas or words of another as one's
own, could also be held liable under the controversial Cybercrime Law, Justice
Secretary Leila de Lima said Tuesday.
In an advisory opinion, De Lima said plagiarists can be held liable under Republic Act
10175or the Cybercrime Prevention Act of 2012if they are found to be infringing
on copyright or the exclusive rights of a creator over his or her original work.
The new law gives the justice secretary enormous powers to take down content or
block access to sites for suspected violations, even without a court order.
"If an act of plagiarism amounts to a copyright infringement under the Intellectual
Property Code, a special law, then the violator may likewise be held liable under the
Cybercrime Prevention Act if he/she used information and communications
technology (ICT) for its commission," she said in her 10-page opinion.
Oddly enough, the lawmaker widely pilloried for plagiarizing from blogs for his
speeches has found himself again at the receiving end of tirades and ridicule for his
role in the Cybercrime Law. Sen. Tito Sotto is being accused of inserting the
controversial provision on online libel in the law.
However, Sotto has denied inserting the libel provision on the Cybercrime Law and
said it was the handiwork of one of the law's primary authors, Sen. Edgardo Angara,
but only after he (Sotto) had proposed it during the period of amendments.
Sotto's chief of staff Hector Villanueva admitted in August that one of the senator's
speeches had lifted from an American blogger but claimed that it was not against the
law. De Lima's opinion on the new cybercrime law would seem to negate that
defense from now on.
Various groups have separately asked the Supreme Court to stop the implementation
of the Cybercrime Law and declare it as unconstitutional for allegedly violating the
people's guaranteed freedom of expression under the Constitution.
De Lima reminded the public that while plagiarism per se is not considered a crime,
a person can still be punished and fined if the act amounts to copyright
infringement.
Under the IPC, copyright infringement stemming from plagiarism is punishable by
one to three years imprisonment and a fine of P50,000 to P150,000 for the first
offense; three years and one day to six years imprisonment and a fine of P150,000 to
500,000 for the second offense; and six years and one day to nine years of
imprisonment and a fine of P500,000 to P1.5 million for the third offense.
When committed online, however, the punishment can be worse, since Section 6 of
the Cybercrime Act specifically sets a punishment one degree higher than provided
under the Revised Penal Code to "cybercrimes" done on ICT networks.
"If copyright infringement was committed, the violator can be held liable under the
IPC; in addition, he/she can also be held liable under the Cybercrime Prevention Act,
if the plagiarism was committed through an ICT network or facility like the Internet,"
De Lima said.
While plagiarism has a limitless term of protection, a copyright on the other hand has
a limited term, which spans through the life of the author of the work and extends to
50 years after his or her death. After this term, the original work is deemed to have
entered the "public domain" and can already be freely used by anyone.
De Lima reminded the public to avoid plagiarism, regardless of the presence or
absence of sanctions against it. She advised people to cultivate the habit of
attribution. "When in doubt, cite," she said. - See more at:
http://www.gmanetwork.com/news/story/276514/scitech/technology/plagiarismpunishable-under-cybercrime-law-de-lima#sthash.BvHViD6Q.dpuf
Plagiarism is a cybercrime. Sotto has been accused of plagiarism himself, but the DOJ said it's
not a crime unless under it amounts to copyright infringement.
Stories about plagiarism recently hit the headlines after Sen Vicente 'Tito'
Sotto lifted parts of his speech against the reproductive health bill from a post
written by a blogger called Sarah, the Healthy Home Economist.
Sotto was also attacked for translating a speech by the late US Sen Robert
Kennedy in Filipino and turning it into his own speech again. His speech in
Filipino was also against the reproductive health bill. Sotto is one of the
senators who voted for the passage of the Cybercrime Prevention bill.
In 2010, Supreme Court Justice Mariano del Castillo also saw himself in hot
water after he allegedly plagiarized parts of the decision he penned on
the Vinuya v. Romulocase from 3 foreign legal experts. He is now facing an
impeachment complaint. -Rappler.com
A new book said to be written by former hacker turned security consultant, Gregory D. Evans, has
been recently marred by plagiarism accusations.
World No. 1 Hacker, which was published by Cyber Crime Media Publishing House, is said to have
several large portions duplicated from Armando Romeos content, which was previously published on
hackercenter.com.
From The New New Internet:
However, vast portions of the book, published by Cyber Crime Media publishing house, appear to
have been plagiarized. The majority of chapter 12 is, in fact, identical to a previously published
tutorial by Armando Romeo published on hackerscenter.com in 2008. Portions of chapter 9 were also
taken from another manual published on ethicalhacker.net.
The instance of plagiarism was verified using iThenticates plagiarism detection software, which
enabled the user to clearly see incidents of duplicate material between World No. 1 Hacker and
Romeos published content.
iThenticate is made to provide both plagiarism detection features along with ease of use. One of these
features allowed all submitted content to be cross-checked against new content that appears on the
web which is how this particular instance of plagiarism was discovered.
In addition, iThenticate allows submitted content to be referenced against deep repositories of older
content from offline sources like research journals.
Cyber Security is clearly an important frontier on the web the well-being of large organizations
depends on their ability to protect their proprietary information.
Although often overlooked, Content Security is also extremely important. An authors content
whether it is a blog post or a formal publishing is their proprietary information.
Protecting an authors content and preventing people from illicitly duplicating it is one of
iThenticates goals.
It is also iThenticates goal to help small and large publishing houses to protect their reputations by
preventing any plagiarized content from getting out.
Although most authors are trustworthy, Cyber Crime Media should have made it a policy to run a
content check on any materials before publishing them. Using iThenticate before a problem existed
would have saved the publisher money and time dealing with legal problems and bad press recovery.