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Reflection paper on RA 10175 - Cybercrime Law

Chapter 1
Chapter 1 is about the preliminary provisions or introductory part of RA 10175. It is
divided into three sections: Title, Declaration of Policy, and Definition of terms.
Chapter 1 enables us to grasp an idea on what will the law is about and the policies that
it will impose. Also defining important terms is necessary to ensure a common understanding of
key concepts and terminology is shared between everyone, especially if the term is unusual or
not widely known. Defining the terminology clearly, will enhance the understanding of important
terms by readers.

Reference: http://www.dissertationrecipes.com/definitions-terms-dissertations/

Chapter 2
In Chapter 2, it is about the Punishable Acts that will be identified under RA 10175.
Chapter is divided into 4 sections (Sec. 4. Cybercrime offenses, Sec. 5. Other offenses, Sec. 6,
Sec. 7. Liability under other laws).
This chapter is the most important part of this act. It make us aware of the inappropriate
things to do in the cyber space. The penalties that will be given is greatly based on what kind of
actions a person has committed.

Chapter 3
Chapter 3 is about the Penalties that may be given to an individual if he/she committed
any of the said acts in chapter 2. This chapter is divided into two sections (Sec. 8. Penalties,
Sec. 9. Corporate liabilities).
Laws are not laws without penalties. A more severe penalty will act as a greater
deterrent. It will make criminals think twice about the actions they will do because they have
already anticipated the consequences.

Chapter 4
Chapter 4 is one of the longest chapter and it is divided into 11 sections. This section is
about the enforcement and implementation of the act. The chapter discusses about who will
have the authority for law enforcement and their duties as law enforcement authority. This
chapter also talks about how computer data and traffic data is collected, preserved, disclosed
etc.
According to the Act, subscriber’s information is information that can be used to find out
who the subscriber is. This includes addresses, telephone and cellphone numbers, and billing
information. On the other hand, traffic data (or “non-content data”) refers to information like
where the digital communication came from, where it’s going, what time it was sent, and so on.
It doesn’t have anything to do with the content of the message.
Reference: https://www.gmanetwork.com/news/scitech/science/532846/fast-facts-about-the-
cybercrime-prevention-law/story/

Chapter 5
This chapter is about jurisdiction and consists of Sec. 21. The Regional Trial Court shall
have jurisdiction over any breach of the provisions of this Act including any infringement by a
Filipino citizen, irrespective of the place of commission. Jurisdiction shall lie if any of the
elements were committed in the Philippines or committed through the use of any computer
device wholly or partially located in the region, or if any harm is done by that commission to a
natural or lawful individual who was in the Philippines at the time of the offense. Special
cybercrime courts shall be appointed, staffed by specially qualified judges to handle cases of
cybercrime.
Jurisdiction glossary for' jurisdiction' is a term referring to whether a court has the right to
hear a particular case. As a citizen, knowing the jurisdiction is significant, as it restricts a court's
ability to hear those cases. If courts did not exercise appropriate jurisdiction, each court could
potentially hear any case brought before them, which would result in confusing and
contradictory outcomes.

Reference: http://adacourse.org/courtconcepts/juris.html

Chapter 6
Chapter 6 is about the International Cooperation in which Sec. 22 discuss the principles
relating to international cooperation. All applicable international agreements relating to
international cooperation in criminal matters, arrangements negotiated on the basis of uniform
or mutual legislation and domestic laws, to the maximum extent practicable for the purposes of
investigations or prosecutions concerning criminal offenses involving computer systems and
records, or for the collection of evidence in electronic form of a criminal effect.
I learned that it is necessary to cooperate with the international scene regarding this law
for better implementation to have its full force and effect. This will increase the effectiveness of
the act if we cooperate with other countries especially those who have advance technologies.

Chapter 7
Chapter 7 is about Competent Authorities and it is divided into four sections. In Sec. 23,
within the Department of Justice (DOJ), they created the Office of Cybercrime and appointed it
as the main authority for all matters relating to international mutual aid and extradition. Also
Cybercrime Investigation and Coordinating Center (CICC) is created as an inter-agency body
and have direct supervision under the Office of the President. In Sec. 25, it is stated that CICC
will be headed by the Directors of the Information and Communications Technology Office
under the Department of Science and Technology (ICTO-DOST). And in Sec. 26, it is discussed
the powers and function of the CICC.
All powers and functions related to cybersecurity including, but not limited to, the
formulation of the National Cybersecurity Plan, establishment of the National Computer
Emergency Response Team (CERT), and the facilitation of international cooperation on
intelligence regarding cybersecurity matters are transferred to the Department.
I learned that it is really important to create or have a separate body that will have
authority and will focus on monitoring the law. This body must also have a leader that has
expertise in this field (which is the Executive Director of the ICTO-DOST). But they must also
cooperate with the legal justice authorities like NBI and PNP. And to ensure how this body
moves, they are given specific power and function under Sec. 26.

Reference: https://dict.gov.ph/cybercrime-investigation-and-coordinating-center-cicc/

Chapter 8
The last chapter is about Final Provisions. It is divided into 5 sections (Sec. 27.
Appropriations, Sec. 28. Implementing rules and Regulations, Sec. 29. Separability Clause,
Sec. 30. Repealing Clause, Sec. 31. Effectivity).
The internet is a great resource for knowledge and learning but it's being exploited and
used for heinous acts like causing people to suicide, destroying jobs, enabling child
pornography to be spread among others, and that's without thinking about the dark web.
Cyber law can be seen as part of the overall legal system dealing with the Internet, e-
commerce, digital contracts, electronic proof, cyberspace, and their respective legal issues.
Cyber law covers a fairly wide range of subject areas, including freedom of expression, data
protection, data security, digital transactions, electronic communication, Internet access and
use, and online privacy. It is interesting to learn more about cybersecurity.
As a computer science student, which will be working in the cyber space in the future, it
is really important to know about the Cybercrime law. It will enable me to work safely in the
cyber space following appropriate rules and guidelines. It will make me aware on what legal or
illegal things I might commit.

Reference: https://www.quora.com/Why-is-cybercrime-law-important

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