COMPUTER ETHICS

AND THE CYBER LAW

Prepared by: Hanna P. Antonio

Computer Ethics
standards of moral
conduct to be followed by
all of us, for using
various computers.
O Ethics is also required to maintain
system security. It is a set of
moral principles that govern the
behavior of a group or individual.
It regulates the use of the
computer. We must understand
that unethical acts are always
illegal and may cause harm to
security.
O Today computer is used in almost all
fields such as education,
transportation, communication,
business, industry and so on. The
computer has affected in both good
ways and bad ways in community life,
family life, human relationships,
education etc. Computer ethics is a
system of moral standards or values
used as a guideline for computer
users.
Code of Conduct of
Computer Ethics
1. We must maintain the
privacy and confidentially
of the data and document
maintained by us
2. We should not access
data meant for others.
3. We must not use pirated
software.
4. We should not steal or use
the work done by someone
else.
5. We should not make changes
in data in any form without
proper authorization.
6. We must not be harsh to
others using the internet.
7. We must not publish
unauthorized publication
through internet.
Computer crime

O Computer crime refers to the misuse of

computer and its resource for illegal and
unauthorized work. Computer crime includes
unauthorized leaking of data and
information, unauthorized downloading,
unauthorized malfunctioning, unauthorized
publishing, hacking etc.
Some of the major computer crimes are as
follows:

O Piracy
O Hacking
O Cyber-terrorism
O Theft
O Cyber Stalking
Republic Act No. 10175

O AN ACT DEFINING CYBERCRIME, PROVIDING FOR

THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER
PURPOSES
O “Cybercrime Prevention Act of 2012”.
PUNISHABLE ACTS
O Illegal Access –

The access to the whole or any part of a computer

system without right.
O Prision mayor (imprisonment of six years and 1 day
up to 12 years) or a fine of at least Two hundred
thousand pesos (P200,000) up to a maximum
amount commensurate to the damage incurred or
BOTH.————————If committed against critical
infrastructure:Reclusion temporal (imprisonment
for twelve years and one day up to twenty years) or
a fine of at least Five hundred thousand pesos
(P500,000) up to a maximum amount
commensurate to the damage incurred or BOTH
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.
Data Interference
O 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.
System Interference
O 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.
Misuse of devices
The unauthorized use, possession, production, sale,
procurement, importation, distribution, or otherwise
making available, of devices, computer program
designed or adapted for the purpose of committing any
of the offenses stated in Republic Act
10175.Unauthorized use of 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 Republic Act 10175.
Cyber-squatting
O Acquisition of domain name over the Internet in bad faith
to profit, mislead, destroy reputation, and deprive others
from the registering the same. This includes those existing
trademark at the time of registration; names of persons
other than the registrant; and acquired with intellectual
property interests in it.Those who get domain names of
prominent brands and individuals which in turn is used to
damage their reputation – can be sued under this
provision.Note that freedom of expression and
infringement on trademarks or names of person are
usually treated separately. A party can exercise freedom of
expression without necessarily violating the trademarks of
a brand or names of persons.
 Computer-related Forgery
O Unauthorized input, alteration, or deletion of
computer data resulting to inauthentic data with
the intent that it be considered or acted upon for
legal purposes as if it were authentic, regardless
whether or not the data is directly readable and
intelligible; orThe act of knowingly using computer
data which is the product of computer-related
forgery as defined here, for the purpose of
perpetuating a fraudulent or dishonest design.
Computer-related Fraud

O Unauthorized input, alteration, or deletion of

computer data or program or interference in
the functioning of a computer system,
causing damage thereby with fraudulent
intent.
O same as aboveProvided, That if no damage
has yet been caused, the penalty imposed
shall be one (1) degree lower.
Computer-related Identity
Theft
O Unauthorized acquisition, use, misuse,
transfer, possession, alteration or deletion of
identifying information belonging to another,
whether natural or juridical.
Cybersex
O Willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity,
with the aid of a computer system, for favor or
consideration.There is a discussion on this
matter if it involves “couples” or “people in
relationship” who engage in cybersex. For as
long it is not done for favor or consideration, I
don’t think it will be covered. However, if one
party (in a couple or relationship) sues claiming
to be forced to do cybersex, then it can be
covered.
O Prision mayor (imprisonment of six years
and 1 day up to 12 years) or a fine of at
least Two hundred thousand pesos
(P200,000) but not exceeding One million
pesos (P1,000,000)
Child Pornography
O 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.
O Penalty to be imposed shall be one (1)
degree higher than that provided for in
Republic Act 9775, if committed through a
computer system.
Libel
O 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.Revised
Penal Code Art. 355 states Libel means by
writings or similar means.
O — A libel committed by means of writing,
printing, lithography, engraving, radio,
phonograph, painting, theatrical
exhibition, cinematographic exhibition, or
any similar means, shall be punished by
prision correccional in its minimum and
medium periods or a fine ranging from
200 to 6,000 pesos, or both, in addition
to the civil action which may be brought
by the offended party.The Cybercrime
Prevention Act strengthened libel in
terms of penalty provisions.
O The electronic counterpart of libel
has been recognized since the
year 2000 when the E-Commerce
Law was passed. The E-
Commerce Law empowered all
existing laws to recognize its
electronic counterpart whether
commercial or not in nature.
O 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.
Aiding or Abetting in the
commission of cybercrime
O Any person who willfully abets or aids in the
commission of any of the offenses
enumerated in this Act shall be held liable.
O Imprisonment of one (1) degree lower than
that of the prescribed penalty for the
offense or a fine of at least One hundred
thousand pesos (P100,000) but not
exceeding Five hundred thousand pesos
(P500,000) or both.
Attempt in the commission
of cybercrime
O Any person who willfully attempts to commit
any of the offenses enumerated in this Act
shall be held liable
Corporate Liability.
O When any of the punishable acts herein defined
are knowingly committed on behalf of or for the
benefit of a juridical person, by a natural person
acting either individually or as part of an organ of
the juridical person, who has a leading position
within, based on:(a) a power of representation of
the juridical person provided the act committed
falls within the scope of such authority;(b) an
authority to take decisions on behalf of the
juridical person