WJRC REVIEW CENTER @ ROMBLON STATE UNIVERSITY Cybercrime and Environmental Laws and Protection Prepared by: Prot. Bryan John D. Tumang History of the Computer + The computer as we know it today had its beginning with a 19th century English mathematics professor named Charles. Babbage He designed the Analytical Enaine and it was design that the framework of the computers of todays are based on First generation: 1937 — 1946 In 1937 the first electronic digital computer was built by Dr. John V. Atanasoff and Clifford Berry. It was called the ‘Atanasoft-Berry Computer (ABC) In 1943 an electronic computer name the Colossus was buil for the military. Other developments continued Until in 1946 the first general— purpose digital computer, the Electronic Numerical Integrator and Computer (ENIAC) was built. ‘Second generation: 1947 — 1962 this generation of computers used transistors instead of vacuum tubes which were more reliable. In 1951 , the Universal Automatic Computer 1 LUNIVAG 1). In 1953 the International Business Machine {1814} 650 and 700 series Third generation: 1963 - present In 1980 Microsoft Disk Operating System {MiS-Dos} was born In 1981 IBM introduced the personal computer (PG) for home and office use. ‘Three years later Apple gave us the Macintosh computer with its icon driven interface and the 90s gave us Windows ‘operating system. Computer — A machine or device that performs processes, calculations and operations based on instructions provided by a software or hardware program. Doagorise at arm Hardware; Physical structure that houses a ‘computer's processor, memory, storage, ‘communication ports and peripheral devices Software; Includes operating system (OS) and software applications Basic Functions of a Computer 1. Input Function — process of entering any time of data and instructions into a computer system. Uses the input devices such as a Keyboard, Mouse, Scanner, Microphone etc.in order to receive user signals to the computer Central Processing Unit - processes data of the computer. It takes data and instructions from the input devices and performs all types of calculations based on the instruction given. Called ‘the brain of computer’ as it controls operation of all parts of computer 3. Data Storage ~ record and preserves digital information ‘Types of CPU Storage: RAM, ROM Other storage: HDD , SDD, Pen Drives 4. Output Function ~ means the results generated by the computer once the processing of CPU is completed, based on ‘the instruction given by the user. It can be in the form of documents, videos, audio, graphs, images ete. resulls are displayed on your computer screen Note: the word “bit” is an abbreviation for binary digit > Input Devices — an input device is any hardware component that allows the user to enter data into the computer. Six of the most widely used input devices Keyboard — You use the keyboard to type letters, numbers and symbols into the computer. Mouse - a pointing device that has a pointer that changes into different shapes as you Use the mouse. You click the mouse by pressing and releasing the button. This action allows you to enter data when using a mouse. Scanner - this input device copies from paper into your computer. Microphone — is usually used for voice input into the computer Digital Camera - allows you to take pictures that you can input into your computer. PC Video Camera — allows you take both video and stil images that you can input onto your computer. Output Devices — an output device is any hardware component that gives information to the user ‘Three commonly used output devices are as follow: + Monitor - this output device displays your information on a screen Printer ~ this output device prints information on paper This type of printed output is called a hard copy ‘Speaker — sound is the type of output you will get from a speaker. Other Components of Computer System + Computer Case ~ part that holds all of the parts of a computer to make up the computer system Motherboard ~ main printed circuit board ‘within a computer, which means it's the primary piece of circuitry that all of the other pieces plug into to create a cohesive whole Graphies card — an output device that processes the data from the motherboard Prepared by: Prof. Bryan John D. Tumang Page 1and sends the appropriate information to the computers screen for display Power supply unit - converts the Alternating current (AC) mains supply from the power cord from a wall socket and supplies the correct Direct current (DC) voltages to all the components inside the ‘computer History of Internet + The Internet Timeline begins in 1962, before the word “Internet” is invented, ‘The world's 10,000 computers are primitive, although they cost hundreds of thousands of dollars. They have only a few thousand words of magnetic core memory, and programming them is far from easy. In 1990 Tim Borners Lee invented the World Wide Web where the online world took on a more recognizable form Vinton Gray Cerf widely known as a "Father of the Internet in Decomber 1997, President Bill Clinton resented the U.S. National Medal of Technology to Cerf and his colleague, Robert E. Kahn, for founding and developing the Internet Michael Bauer, the original owner of Internet.org before Facebook founder and CEO Mark Zuckerberg Internet ihe Not,” is a worldwide system of computer networks + Itis also a means of connecting a computer to any other computer anywhere in the world via dedicated routers and servers, Cyber - refers to a computer or a computer network, the electronic medium in which online communication takes place Cybercrime ‘Acctime that involves a computer and a network Criminal activities carried out by means of computers or the internet “Offenses that are committed against individuals or groups of individuals with a Criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the vietim directly or indirectly, using modern telecommunication networks such as Internet (networks including but not limited to Chat rooms, emails, notice boards and groups) and mobile phones (BluetoottvSMS/ MMS)" Cybercrime has two elements 1. Computer 2 Crime torical Events on Cybercrime 1834 — 1* cyber-attack in the world — couple of robbers hack the French telegraph system and steal information from the stock market 1878 - Early Mobile Calls - young boys repeatedly and purposely misdirecting and disconnecting customer calls of Bell Telephone Company two years after Alexander Graham Bell invented the machine 1969 — RABBIT VIRUS - University of Washington Data center downloads a program on a computer from an unknown User. The inconspicuous machine creates copies of itself before the machine overloads and ceases running (breeding like a rabbit) It is known to be the first virus on a computer 1970 - 1995 — Kevin Mitnick penetrates some of the highest-guarded networks in the ‘world, including Nokia & Motorola, tricking insiders into handing codes and passwords 1981 ~ 15 Cybercrime Conviction lan Murphy a.k.a “Captain Zap" breaks into the network of AT&T and alterations in the internal clock at peak hours to charge off hour prices 1982 — The Logic Bomb the CIA blows up a Siberian gas pipeline by injecting a code into the network and the operating system to monitor the gas pipeline without using a bomb or a missile 1988 — Morris Worm — Robert Morris releases what on the internet will be considered the first worm. To show that the author is a student there, the worm is released from a computer at MIT 1989 - Trojan Horse Program a diskette that appears to be an AIDS information archive is mailed to a UK electronic journal to thousands of AIDS researches and subscribers 1999 — The Melissa Virus a virus infects Microsoft Word records, transmiting itself via email as an attachment automatically. It rails out to the first 50 names mentioned in the Outlook email address box of an infected dovice 2010 — Stuxnet Worm the world’s 1+ software bomb is @ destructive computer virus that can attack control systems used {or controlling manufacturing facilities 2016 — DNC Email leaks emails trom the democratic national committee were leaked to and released by WikiLeaks prior to the 2016 US presidential election May 05, 2000 — | love you Virus (also known as Love bug or Love Letter for you) is a Computer worm that infected over ten milion Windows personal computers. It started spreading as an email message with the subject line “ILOVEYOU” and the attachment *LOVE-LETTER-FOR-YOU.TXT.vbs" created by a Filipino named Onel De Guzman Cybercrime offenses R.A 10175 — Cybercrime Prevention Act of 2012 Categories A. Offenses against the confidentiality, integrity and availabilty of computer data and systems . Computer-related offenses . Content-related offenses |. Other Cybercrime offenses . Offenses against the confidentiality, Integrity and availability of computer data and systems Illegal Access — the access to the whole or any part of a computer system without right Illegal interception interception made by technical means without right of any non-public transmission of computer data to, ‘rom, or within a computer system including Prepared by: Prof. Bryan John D. Tumang Page 2electromagnetic emissions from a computer system carrying such computer data Data interference — 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 — intentional alteration (or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting 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 — use, production, sale, procurement, importation. distribution or otherwise making available, without right, a device including a computer program, designed or adapted primarily for the purpose of committing any of the offenses Under this Act; or computer password, access code, or similar data to be used for the purpose of committing any of the offenses under this Act Cyber-squatting — acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others fram registering the same, if such a domain name is similar, identical or confusingly similar to an existing trademark, registered with the appropriate government agency Note: Computer data ~ any representation of facts, information or concepts in a form suitable for processing in a computer system B. Computer-related Offenses ‘Computer-related Forgery — input, alteration, ‘or deletion of any computer data without right resulting in inauthentic data with the intent that i be considered or acted upon for legal purposes as if it were authentic, or the act of knowingly using computer data which is the product of computer-telated forgery as defined herein, forthe purpose of perpetuating a fraudulent or dishonest design ‘Computer-rolated Fraud - unauthorized input, alteration, or deletion of computer data ‘program or interference in the functioning ‘of a computer system, causing damage thereby with fraudulent intent ‘Computer-related identity thett - intentional acquisition, use, misuse, transfor, possession, alteration of deletion of identifying information belonging to another, whether natural or juridical, without right Content-related Offenses Cybersex wilful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer systam for a favor or consideration Child Pomography — unlawful or prohibited acts defined and punishable by R.A 9775 or the Anti-Child Pornography Act of 2009 ‘committed through a computer system Unsolicited Commercial Communications — 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. Also known as spam Libel — unlawful or prohibited acts of libel as defined in Article 355 of the RPC as amended committed through a computer system Other Cybercrime Offenses 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 Attempt in the Commission of Cybercrime — any person who wilfully attempts to commit any of the offenses enumerated in this Act shall be held liable ‘Common Types of Internet Fraud 1. Boller Room - refers to an outbound call center selling questionable investments by telephone. It typically refers toa room where salesman work using unfair, dishonest sales tactics, sometimes selling foreign currency stock, private placements or committing outright stock fraud. The term carries a negative connotation and is often used to imply high-pressure sales Romance Scanv Catphishing - false or misleading promises of love and companionship Lottery Scam — involves email, letter or text message you receive about your winnings will ask you to respond quickly or risk missing out Card skimming ~ illegal copying of information from the magnetic strip of a credit or ATM card. The scammers later create a fake or cloned card with your details, on it. The scammer is then able to run up charges on your account Phishing — comes from the analogy that internet scammers are using email lures to fish for passwords and financial data from the sea of internet users. Phishing also called brand spoofing is the creation of email messages and Web pages that are replicas of existing, legitimate sites and business, These Web sites and emails are used to trick users into submitting personal, financial or password data Email spoofing ~ is creation of email messages with a forged sender address. The word “spoof” means “falsified”. A spoofed email is when the sender purposely alters parts of the email to masquerade as though it was authored by someone else Nigerian scam — known as 419 scam a type of fraud and one of the most common types of confidence trick. A consumer receives a letter concerning the “request for urgent business transaction”. Typically after receiving a letter a consumer would respond either by phone, fax or email, The response would be a request for further information on requirements and procedure for the transaction. Once contact is established, the ‘writer of the letter will normall ask for an upfront processing fee Check overpayment scam — receiving an offer from a potential buyer which issues a Prepared by: Prof. Bryan John D. Tumang Page 3check with overpayment. The scammer will then ask you to refund the excess amount The scammer fs hoping that you will do this before you discover that their check has bounced Inheritance scam — a scammer contacts you ‘ut ofthe biue to tell you that you've been lett, or are entitled o claim a large inheritance from a distant relative or wealthy benefactor who has died overseas ). Emergency scam — also known as Grandparent Scam. The typical scenario a ‘grandparent receives a phone call trom a Con-artist claiming to be one of his or her grandchild. The caller goes on to say that they are in some kind of emergency. Typically they claim being in a car accident, need to bail etc. Incident Response, Preservation & Collection ‘When computer is off — do not turn it On If the computer is On — do not turn it Off If transport is required, pack the components as ‘fragile cargo” prior to transport Keep away computer evidence fram magnets, transmitters, radio and other hostile environment In the investigative plan, start with identitication, then acquisition, examination/analysis, reporting and court presentation Observe BWC requirement Refuse offers of help/technical assistance from any unauthorized persons Latent prints only after e-evidence is collected. Do not use aluminum powders to avoid damage on electronic data Photograph front and back of the monitor CPU, etc. Label all connections for convenient of possible reassembly. Label unused for ports that are not used Note computer date and time and active programs Image the RAM. If done, press and hold the power button for 10seconds Note: The NBI and the PNP shall be responsible for the efficient and effective law ‘enforcement of provisions of R.A 10175 Cybercrime Warrants 1. The Warrant to Disclose Computer Data (WDCD) — authorizes law enforcers to disclose or submit subscribers information, traffic data, or relevant data in the possession or control of a person or service provider What is the duty of authorized law enforcement officer? » Within 48 hours from implementation or after the expiration of the affectivity of WDCD, the law enforcement officer shall ‘© Submit a RETURN to the court that issued it; and ‘= Simultaneously turn over the custody of the disclosed computer data or subscribers information Note: if no retum was made, the Judge will summon the officer to whom the WDCD was issued and require him to explain why no return was made 2. The Warrant to Intercept Computer Data (WICD) ~ authorizes law enforcers to listen, record, monitor or surveil the content of the ‘communications through electronic eavesdropping or tapping device, while the communication is occurring What is the duty of authorized law enforcement officer? > Within 48 hours from implementation or after the expiration of the affectivity of WICD, the law enforcement officer shall: ‘© Submit a RETURN to the court that issued it; and ‘Simultaneously turn over the custody of the disclosed computer data or subscribers information ‘The Warrant to Search, Seize, and Examine Computer Data (WSSECD) — authorizes law enforcers to search the particular place or items to be seized andior examined, ‘What is the duty of authorized law enforcement officer? + Make a forensic image of the computed data + _ Limit search to place specified in Warrant ‘+ Try not to seize computer items if search can be done on site When can off site search be conducted? + Ifitis not possible to do search on site * Forensic image must have been made; image copy Reasons for off-site search must be given in initial return ‘The Warrant to Examine Computer Data (WECD) ~ authorizes law enforcers to search a computer device or computer seized during a lawlul warrantless arrest or by any other lawful method The warrants shall only be effective within 10days from its issuance The court upon motion, extend its effectively based only on justifiable reasons for a period ot exceeding 1 0days from the expiration of the original period Failure to timely file the returns of warrants or to duly turn over to the courts custody any of the items disclosed, intercepted, searched, seized, and/or examined shall subject for contempt Moreover, failure to comply with the orders from law enforcement authorities shall be punished for obstruction of justice “Environmental Laws and Protection Environmental Concepts and Principles Natural environment — encompasses all ving ‘and non-living things occurring naturally, meaning in this case not artical Ecosystem — is the basic functional unit of nature. itis the interaction of the community (ving components) and the non-living environment Forest Ecosystem — is a community of tress, shrubs, herbs, microorganisms and animals the tress being the most obvious living structure Freshwater and Wetlands ~ areas of marsh, fen, peat land, or water, whether natural or artificial, Prepared by: Prof. Bryan John D. Tumang Page 4permanent or temporary, with water that is static oF flowing, fresh, brackish, or salt, including areas of marine water, the depth does not exceed six meters Status and trends of biodiversity +The Philippines is one of the18 mega-biociversity countries of the world, containing 2/3 of the earth's biodiversity and between 70% and 80% of the world's plant and animal spacies The Philippines ranks 5” in the number of plant species and 4 in bird endemism The Philippines is one of the world's biodiversity hotspots with at least 700 threatened species In 2004, threatened faunal species includes 42 species of and mammals, 127 species of birds, 24 species of reptiles and 14 species of amphibians Threatened 99 plant species, 187 were ‘endangered, 176 vulnerable as well as 64 other threatens species Economic and Social Problems Affecting Environment High population growth Unequal distribution of wealth Poor performance of the agriculture sector Coruption Poverty Unemployment Basic Rights in Relation to Environmental Justice 1. Sovereignty Over Natural Resources and the Obligation Not to Cause Harm Principle of Prevention Precautionary Principle Intergenerational Equity 2. 3. 4. Sustainable Development 5. 6. Rights-based Approach Seven Environmental Principles Everything is connected to everything else All forms of lfe are important - thus, the need for biodiversity. All organisms have a role in the ecosystem Everything must go somewhere — too much can cause pollution (Ours is a finite earth — the need for conservation Nature knows best — the need for ecological technology. Nature must be obeyed first before it can be commanded Nature is beautiful and we are stewards of God's creation — Divinity in all forms of lite. Religion is one of the most influential aspects that affect values and environment Everything changes Linear change — evolution of species, Cyclical Change — influenced by time such as seasons Random Change — eruption of Mt. Pinatubo International Union for the Conservation of Nature (IUCN) + IUCN was established in 1948. intially called the International Union for the Protection of Nature and Natural Resources (1948 ~ 1956) also known as the World Conservation Union (1990 - 2008) * This is an international organization working in the fiold of nature conservation and sustainable use of natural resources + Its headquarters are in Gland, Switzerland Classification of Environmental Laws + Green Laws — laws deal with the protection, conservation, utilization and development of forest, other land-based natural resources and wildif. Blue Laws — laws deal with the protection, conservation and utilization of waters, ‘marine lite, and aquatic resources. This law encompass both inland water such as rivers, lakes, etc. and the seas and oceans whether part of the country's territory or not Brown Laws — laws and rules which deal with pollution control and the regulation of activities which could affect the environment These laws and rules include those which control hazardous and toxic wastes and chemicals, solid waste management, and rules on the conduct of environmental impact assessments Green Laws + P.D 705 ~ Revised Forestry Code + RA 9175 —Chain Saw Act of 2002 + R.A 9147 — Wildlife Resources Conservation and Protection Act R.A 7586 — National integrated Protected ‘Areas System (NIPAS) Act R.A 7942 - Mining Act of 1995 R.A 7076 — People's Small-scale Mining Act Blue Laws * R.A 8550 — The Philippine Fisheries Code of 1998 amended by R.A 10654 + R.A 4850 ~ Laguna Lake Development Authority (LLDA) Act Brown Laws * R.A 6969 - The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 R.A 8749 — Philippine Clean Air Act of 1999 R.A 9275 — Philippine Clean Water Act of 2004 R.A 9003 — Ecological solid waste management act of 2000 Green Laws Enforcement Agencies Department of Environment and Natural Resources (DENA) Forest Management Bureau (FMB) Land Management Bureau (LMB) The Parks and Wildlife Bureau (PAWB) The Mines and Geosciences Bureau (MGB) National Bureau of Investigation-Environmental and Wildlife Protection Investigation Division (NBI-EWPID) Blue Laws Enforcement Agencies 1. Bureau of Fisheries and Aquatic (BFAR) 2. Philippine Coast Guard (PCG) 3. PNP-Maritime Group (PNP-MG) Brown Laws Enforcement Agencies 4. Environmental Management Bureau (EMB) 2. Other agencies that handle waste management Prepared by: Prof. Bryan John D. TumangEnvironmental Crime Detection and Investigation 4. Gathering Facts and Evidence Step 1: Know what the violations and Identity Essential Facts Step 2: Identity the Essential Evidence Needed Step 3: Gather and Preserve the Evidence Step 4: Prepare the Necessary Afidavits/Complaints/Pleadings Step 5: File the Complaint/Pleading with the Proper Agency or Office Step 6: Monitor the Progress of the Case and Render Assistance 2. Choosing the Right Forum ‘© Complaints for violations of environmental laws have to be filed in the proper forum or court in order to result in a conviction, otherwise, these cases will simply be dismissed on a technicality, The court or forum should have jurisdiction to hear and try the cases THANK YOU “da mihi factum, dabo tibi ius” ©2023 Prepared by: Prof. Bryan John D. Tumang fife) FOLLOW FOR MORE co PY hee laours Prepared by: Prof. Bryan John D. Tumang