Cybercrime Prevention Act of 2012

The Law

Formal name: An act defining cybercrime, providing for prevention, investigation and imposition of penalties therefor and other purposes Passed by Senate (February 20, 2012), House of Representatives (May 21, 2012). Awaiting final signature of the president. Authored by: Sen. Ed Angara (Senate) Susan Yap, Eric Singson, Marcelino Teodoro and Juan Edgardo Angara (House of Representatives)

Declaration of Policy

The State recognizes the vital role of information and communications industries in social and economic development. It shall provide an enviornment conducive to the development and access of information technology (ICT) and protect the integrity of computers, communications systems, networks, databases and the data stored in them.

What Makes a Cybercrime?

Hacking (Illegal access/interception to a whole or a part of a computer system.) Deletion/alteration of data without permission System Interference of a program or operating system Cyber-squatting (Acquisition of domains to profit, mislead or destroy reputation) Use of computer devices to commit a cybercrime

What Makes a Cybercrime?

Forgery/fraud using computers/computer data Cybersex Child pornography Spam Libel using computers

Those who aid or assist people commiting cybercrime is equally punishable by law.

Penalties

Cybersquatting

Cybersex

prison mayor or fine of not more than P 500,000 (or both)

prison mayor or fine of P200,000 P 1 million (or both)

shall be punished under RA 9775 (Child reclusion temporal or fine of Pornography Act) at least P500,000, up to
maximum damage (or both)

Cybercrime committed to critical infrastructure

Child Pornography

Penalties

Spam

arresto mayor or fine of P50,000 P250,000 (or both)

Corporate Offenders

doubling of fine to not more than P10 million

Assisting / Attempting to commit Cybercrime

All other offenses

prison mayor or fine of imprionsment 1 degree P200-000 to lower than committed maximum damage offense + fine of P100000 to P500,000 (or both) (or both)

Enforcement and Implementation

Law-enforcement authorities are authorized to collect traffic data in real time (except content or identities involved) All other data to be gathered shall require a court order. Subscriber data and information shall be saved for up to 6 months by service providers. A search and seizure warrant may be ordered in order to force the disclosure of subscriber information or traffic data.

Enforcement and Implementation

The DOJ can order to block access to certain data in violation of the act. Those that will not comply with orders from authorities may be punished with prison correctional or a fine of P100,000 (or both) Judicial jurisdiction shall apply to Filipinos committing violations, offenders committing the crime in the Philippines or committed it to any person who was in the Philippines Special cybercourts must be established.

Implementing Agencies

Department of Justice (DOJ) Deparment of Science and Technology Information and Communication Technology Office (DOST ICTO) A National Cybercrime Coordinating Council to be created with DOST-ICTO, PNP, NBI, DOJ and a representative of the academe and private sector as members.

Implementing Agencies

An appropriation of P50,000,000 annually shall be provided for the act's implementation. The DOJ and DOST shall prepare Implementing Rules and Regulations 90 days after the passage of the act.