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Cdi 9-Group2

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Cdi 9-Group2

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Maple Oreo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Group 2

Topic: Republic
Act 10175

Sept. 09, 2024


Members:
Balagot, Jasmin B.
Bang-ayan, Sigfred G.
Banglay, James M.
Bentres, Jenny L.
Guiyadan, Raymond
Introduction
What is Republic Act No.
10175
AN ACT DEFINING
CYBERCRIME, PROVIDING FOR
THE PREVENTION,
INVESTIGATION, SUPPRESSION
AND THE IMPOSITION OF
PENALTIES THEREFOR AND
FOR OTHER PURPOSES.
Overview

Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, which aims to address cybercrimes in
the Philippines.

Some key points: - It defines cybercrimes such as illegal access, illegal interception, data interference and cybersex.

It also defines important terms used in the law. - Punishable acts under the law include illegal access, illegal
interception, data interference, cyber-squatting, computer-related forgery and fraud, and computer-related identity
theft. - Two provisions related to real-time collection of traffic data and unsolicited commercial communications
were declared unconstitutional.
CYBERCRIME PREVENTION ACT OF 2012
11 YEARS IN THE MAKING

2nd 3rd 4th 5th 6th


1st Event
Event Event Event Event Event
2000 2001 2007 2010 2011 2012
I LOVE YOU 1st Technical 1st Extensive 2nd
VIRUS Working International International
Cybercrime
consultation Sept. 12,
- Worldwide Group from 2020 Cybercrime signed into
Conference
attack spread Formed Conference law by Pres.
before the
to 2011
-Consolidated Noynoy
passage of E-
Commerce Law -Established Cybercrime Bill Compliant to Aquino
(Republic Act 1st Forensic did not made it International
8792) in time for Conventions Oct. 3- took
Lab at PNP/ enactment as a
NBI law.
effect.
A. Offenses against the confidentiality,
integrity and availability of computer
data and systems
Punishment: Prision Mayor or a fine of at least 200,000
up to a maximum amount commensurate to the damage
incurred, or both, except with respect to number 5 herein:

1. ILLEGAL ACCESS
2. ILLEGAL INTERCEPTION
3. DATA INTERFERENCE
4. SYSTEM INTERFERENCE
5. MISUSE OF DEVICES- prision mayor, or a fine of not
more than 500, 000 pesos, or both.
MISUSE OF DEVICES- The use , production, sale,
procurement, importation, distribution or otherwise
making available, intentionally and without right, of
any of the following:

• A device, including a computer program, designed


or adapted primarily for the purpose of committing
any of the offenses under this rules; or
• A computer password, access code, or similar data
by which the whole or any part of a computer
system is capable of being accessed with the
intent that it be used for the purpose of
committing any of the offenses under this rules.
B. Computer-related
Offenses
Punishment: Prision Mayor or a fine of at
least 200,000 up to a maximum amount
commensurate to the damage incurred, or both,
are as follows:

1. Computer-related Forgery
2. Computer-related Fraud
3. Computer-related Identity Theft
C. Content-Related
Offenses
Republic Act No. 9775 or the “Anti-
Child Pornography Act of 2009”:
Provided, That the penalty to be
imposed shall be one (1) degree higher
than that provided for in R.A No. 9775
if committed through a computer
system.
C. Content-Related
Offenses
OTHER CYBERCRIMES:

1. CYBER-SQUATTING
2. CYBERSEX
3. LIBEL
4. OTHER OFFENSES
A. Aiding or Abetting in the
Commission of Cybercrime
B. Attempt to commit
Cybercrime
OTHER LIABILITIES
AND PENALTIES
A. CORPORATE LIABILITY

B. VIOLATION OF THE REVISED PENAL


CODE, AS AMENDED, THROUGH AND
WITH THE USE OF INFORMATION AND
COMMUNICATION TECHNOLOGY

C. LIABILITY UNDER LAWS


ENFORCEMENT AND IMPLEMENTATION

LAW ENFORCEMENT AUTHORITIES

• The National Bureau of Investigation (NBI) and the


Philippine National Police (PNP) shall be responsible for
the efficient and effective law enforcement of the
provisions of the Act. The NBI and the PNP shall organize
a cybercrime dicision or unit to be manned by Special
Investigators to exclusively handle cases involving
violations of the Act.
• The NBI shall create a cybercrime division to be headed
by at least a Head Agent. The PNP shall create an anti-
cybercrime unit headed by at least a Police Director.
• The DOJ - Office of Cybercrime (OOC) created under the
Act shall coordinate the efforts of the NBI and the PNP in
Interesting facts

RA 9995: An act defining and penalizing


the crime of photo and video voyeurism,
prescribing penalties therefor, and for
other purposes.

RA 9775: An act defining the crime of


child pornography, prescribing penalties
therefor and for other purposes
Unlawful or prohibited Acts
A. To hire, employ, use, persuade, induce or coerce a child to perform in
the creation or production of any form of child pornography.
B. To produce, direct, manufacture or create any form of child
pornography.
C. To publish offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography.
D. To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast:
E. To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts as, but not limited to, dens, private
rooms, cubicles, cinemas, houses or in establishments puporting to be
a legitimate business.
F. For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form
of child pornography.
Unlawful or prohibited Acts
G. For a parent, legal guardian or person having custody or control of a
child to knowingly permit the child to engage, participate or assist in ant
form of child pornograpny.

H. To engage in the luring or grooming of a child.


I. To engage in pandering of any form of child pornography.
J. To willfully access any form of child pornography.
K. To conspire to commit any of the prohibited acts stated in this section.
L. To possess any form of child pornography.
Interesting facts

• Syndicated Child Pornography


-The crime of child pornography is deemed
committed by a syndicate if carried out by a group of
three (3) or more persons conspiring or
confederating with one another and shall be
punished under section 12 (a) of this act.

• What is the “Access Devices


Regulation Act of 1998?”
- It is the Republic Act No. 8484, which is an act
regulating the issuance and use of access devices
and prohibiting the fraudulent acts committed
relative thereto, among others.
Interesting facts

• What is an “Access Device?”


- It is any card, plate, code, account number,
electronic serial number, personal identification
number, or other telecommunications service,
equipment, or instrumental identifier, or other means
of account access that can be used to obtain
money,good, services or any other thing of value or to
initiate a transfer funds. It includes credit card,

What is a “Credit Card?”


- It is any card, plate, coupon book, or other credit
device existing for the purpose of obtaining money,
goods, property, labor or services or any thing of
Conclusion
The greatest crimes arise not from a lack of care for others, but
from an overindulgence in one's own desires. Cybercrime
broadly describes criminal acts where computers or networks
are involved, including hacking, denial of service attacks, and
traditional crimes enabled by technology. To avoid cybercrime,
change passwords frequently, do not publicly share files, be
wary of validation requests, avoid suspicious links, and clear
your cache after online transactions.
Questions & answers
Resources
Toral, J. (2019, February 10). TIMELINE: Cybercrime
Prevention Act of 2012: A Law 11 years in the
making. DigitalFilipino: E-Commerce in the
Philippines. https://digitalfilipino.com/timeline-
cybercrime-prevention-act-of-2012-a-law-11-years-
in-the-making/

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