SBN.

2796 (3rd Reading Version) Policy, Rationale, Purpose and Aim:

HB. 3376 (Introduced Version of Buhay Party List)

The bills recognize the importance to the nations overall social and economic growth of the
information and communication industry. To provide a Comprehensive Policy Framework that regulates cyber-crimes bred by advances in Cyber Crime Technologies that hinder the development of cyber crime technologies. Define Cyber Crimes, Identify punishable acts and corresponding punishments, Define procedures for investigation and prosecution, Clarify jurisdictions and determine responsible local and national agencies and their responsibilities.

Definition of Terms: Computer - 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 and also computer networks;

Computer - refers to any device or apparatus which by electronic or electromagnetic impulse, or by other means, capable of receiving, recording , transmitting, storing, processing retrieving, or producing information, data, figures, symbols or other modes of expression according to mathematical and logical rules of performing any one or more of these functions, including its associated devices and peripherals; Cyber-Crimes Refers to any offense committed by using a computer or computer or communications network

Acts Punishable: Cybercrime Offenses

A) Offenses against the confidentiality,

integrity and availability of computer data and systems: - Related to computer Crimes in the House bill A. Illegal Access access to computers and Communication networks without authority. B. Illegal Interception - Interception without right of any non-public transmission of computer or communication data except 1) Its is the agents, employee/ officers duty( in transmission, employment, quality control) to intercept 2) no expectation of privacy. C. Data Interference Computer Sabotage with no apparent aim Under Computer Sabotage in the house Bill D. System Interference aimed to hinder the function of the computer or network

Computer Crimes Acts that target the computers, communication networks and systems and the data they process. Illegal Access access to computers and Communication networks without authority. Illegal Interception - Interception without right of any non-public transmission of computer or communication data except 1) Its is the agents, employee/ officers duty( in transmission, employment, quality control) to intercept 2) no expectation of privacy. Misuse of devices A. Use, production, sale, procurement importation, distribution or other wise making available of 1) Devices/software which primary purpose is committing an offense, 2) Computer or network password B. Possession of such items is also

E.

F.

Under Computer Sabotage in the house Bill Cyber-squatting The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is: o Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration; o Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and o Acquired without right or with intellectual property interests in it. maybe related to RPC intellectual property laws under the house bill Misuse of devices o Use, production, sale, procurement importation, distribution or other wise making available of 1) Devices/software which primary purpose is committing an offense, 2) Computer or network password o Possession of such items is also punishable except if used for product testing (i.e. Security softwares) or academic purposes

B) Computer Related Offenses Related to

computer sabotage in house bill A. Computer Related Forgery a) input, alteration or deletion without right creating inauthentic computer data and acting upon for legal purposes as if it were authentic b) use of such inauthentic data knowing it was a product of forgery B. Computer Related Fraud - unauthorized input, alteration or deletion with intent of fraud, if no damage one degree lower

punishable except if used for product testing (i.e. Security softwares) or academic purposes Unsolicited Commercial Communications transmission of electronic messages that advertise illegal products. Except 1) Consent from recipient present 2) Recipient can reject message(opt-out), message is not disguised, no misleading info that lead recipient to read Computer Sabotage input, alteration, erasure or suppression of computer and communication network data to hinder the function of the computer or network. Includes transmission of virus. Data Interference Computer Sabotage with no apparent aim System Interference aimed to hinder the function of the computer or network Computer fraud aimed to commit fraud Computer Forgery acts constitute Forgery Computer Facilitated Crime Computer or communication network is used as a tool in committing a crime Cybersex without prejudice to anti trafficking and Child Protection acta) Producing Child Pornography For distribution in a computer or network, b)offering or making such child pornography available through a computer or computer network c) Distribution and transmitting child pornography through computer networks d) possession of child pornography in Computer medium e)solicitation of and prostitution of Cybersex f) operation of Cyber caf which engages in cybersex e) Promotion/ ads of cyber sex RPC intellectual property laws through computer / computer networks including wiretapping laws

C) Content Related Offense Related to

Computer Facilitated crimes in the House Bill A. Cyber Sex Operation directly/indirectly of exhibition of sexual organs/ activity or acts lasciviousness with use of computers

Note: It is red if it is not punished in the other bill

B. Child pornography - without prejudice to

anti trafficking and Child Protection C. Unsolicited Commercial Communications transmission of electronic messages that advertise illegal products. Except 1) Consent from recipient present 2) Recipient can reject message(opt-out), message is not disguised, no misleading info that lead recipient to read seen under computer Crimes in the house bill D. C) Libel as defined by RPC with use of Computers Other offenses o o Aiding and Abetting the commission of Cyber Crimes Attempting the commission of Cyber Crimes

Penalties: Offenses against the confidentiality, integrity and availability of computer data and systems and Computer Related Offenses Prison mayor or fine of 200,000 to damage incurred or both Cyber Squatting prison mayor or fine not more than 500,000 Offenses against the confidentiality, integrity and availability of computer data and systems is done against critical infrastructure Reclusion temporal or a fine 500,000 to damage incurred or both Cyber Sex - Prison mayor or 200,000 to 1,000,000 or both Child pornography Punishment in Child pornography act Unsolicited Commercial communication arresto mayor 50,000 -250,00 or both Aiding Abetting and attempting 1 degree lower or 100,000-500,000 or both If act punishable is done due to lack of supervision of a person, such person shal be fined of not less than double fine imposable 5,000,000

Illegal Access, Illegal Interpretation,

Misuse of Devices and all types of computer sabotage Prison Mayor + Fine of 100,000 to damage incurred Unsolicited Commercial Communication Prision correctional or 100,000-600,000 or both All types of Computer facilitated Crimes Prison mayor + 200,000 800,000 Maximum penalty if 1) Confidential information is Communicated 2) non public computer of government agency was accessed