MANILA, Philippines -- The Senate on Monday approved on third and final reading the Cybercrime Prevention Act of 2012 which defines the crime and provides for the prevention, investigation, and imposition of penalties related to it.
Senate Majority Leader Vicente Sotto III said the bicameral conference committee hearing is scheduled in the next few weeks.
Thirteen of the 14 lawmakers present during the session voted for the bill and only Sen. Teofisto Guingona III voted against the measure, saying it will violate the freedom of expression enshrined in the 1987 Constitution.
The following constitute the offense of cybercrime punishable under this act:
a. Offenses against the confidentiality, integrity, and availability of computer data and systems: Illegal access, illegal interception, data interference, and system interference carry a penalty of prision mayor and P200,000 fine; while cyrbersquatting has a fine of P500,000 and prision mayor; and misuse of devices;
b. Computer-related offenses: computer-related forgery and computer-related fraud;
c. Content-related offenses: Cybersex with a P200,000 fine and prision mayor; child pornography penalties enumerated on Anti-Child Pornography Act; unsolicited commercial communications with a fine of P50,000 to P250,000 and arresto mayor; and libel as defined by Article 355 of the Revised Penal Code; and
d. Other offenses: aiding or abetting in the commission of cybercrime with P100,000 to P500,000 fine and attempt in the commission of cybercrime. The law also authorizes law enforcement agencies, with due cause, to collect or record by technical or electronic means traffic data in real-time associated with specified communications by means of a computer system.
“Traffic data refers to the communication’s origin, destination, route, time, date size, duration, or type of underlying service, but not content, nor identities,” the law said.
The law orders law enforcement agencies to obtain the approval of a competent court before the collection, seizure, or disclosure of data through a written request for a warrant under oath or affirmation of the applicant.
On international cooperation, the law provides sharing under “all relevant international instruments on international cooperation in criminal matters, arrangement agreed on ther basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes olf investigation or proceedings concerning criminal offenses related to computer systems and data or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect.”
The law also created the following offices:
1. Office of the Cybercrime within the Department of Justice (DOJ) designated as the central authority in all matters related to international mutual assistance and extradition;
2. National Cyber Security Center (NCSC) within the Department of Science and Technology-Information and Communications Technology Office (DOST-ICTO) designated to formulate and implement a national cybersecurity plan, and extend technical assistance for the suppression of real-time commission of cybercrime offense though a Computer Emergency Response Team (CERT); and
3. National Cybersecurity Coordinating Council (NCCC) under the control and supervision of the Office of the President, to formulate and implement the national cybersecurity plan.
Also under the law, the Department of Budget and Management (DBM) is ordered to allot P50 million annually for the implementation of this Act and asked the DOJ in consultation with DOST and Department of Interior and Local Government (DILG) to create the Implementing Rules and Regulations (IRR) within 90 days from the effectivity of this Act.
The measure takes effect 15 days after the completion of its publication in the Official Gazette or in at least two newspaper of general circulation.
source: interaksyon.com
