booksaremyrealities

in order to really enjoy any story, you need to get the ending out of the way as soon as possible

Philippine Cybercrime Prevention Act. Boo!

on October 2, 2012

Lately this is the main headline not just in print but also in television as it passed the third reading in the Senate. I am not actually aware of this until recently. For some reasons, i do not know why it was not made to be known in the public. I am searching for its whole context online to fully understand the Act they want to put into law… or it was already put in law?

I saw this online which i had to copy and paste as it fully summarizes what the law is all about.

 

The anti-cybercrime act itself notes under its declaration of policy that it is the state’s mechanism to adopt “sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution.”

The law categorizes cybercrimes into three: (1) offenses against the confidentiality, integrity and availability of computer data and systems; (2) computer-related; or (3) content-related offenses.

Illegal access to computer systems, illegal interception of data, data or system interference, as well as misuse or computer systems or data belong in the first category.

Also in the same group is “cyber-squatting,” which involves the acquisition of a domain name “in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same.”

In case of businesses, these may include the use of a domain name “similar, identical, or confusingly similar” to registered trademarks.

But businesses are not the only targets of “cyber-squatters,” as the law also covers the use of personal names “identical or in any way similar with the name of a person other than the registrant.”

Computer-related offenses, meanwhile, include the input, alteration or deletion of any computer data with the intent of forgery, fraud or identity theft.

On the other hand, cybersex, defined under the law as the willful engagement in online sexual activities, is included in content-related offenses.

Child pornography is another content-related offense in the law.

The anti-cybercrime act notes that punishment to child pornography committed through a computer system will be one degree higher than the sanctions in the Anti-Child Pornography Act.

Also named a content-related offense is the sending of unsolicited communication which advertise or sell products or services.

Under the new law, firms may only send electronic messages if recipients who grant prior consent or to existing subscribers or customers for service announcements.

Otherwise, the messages should allow recipients to “opt out.” The source and intention of the message should also not be disguised.

Meanwhile, the law broadens the coverage of libel to include those “committed through a computer system or any other similar means which may be devised in the future.”

This means that online statements against the reputation of an individual or an entity may give rise to libel suits, as if they were published or broadcast.

The last statement is disturbing, it all mean one thing. no more freedom of speech online. Boo. What is going on here? i know there are people who wants to protect the cyber world from hackers particularly hacking government sites but to scrutinize online statements?? no more freedom of speech on that.

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