2. The use of a computer as an instrument to
further illegal ends, such as
committing fraud, trafficking in child
pornography and intellectual property, steal
ing identities, or violating privacy.
Cybercrime, especially through
the Internet, has grown in importance as
the computer has become central to
commerce, entertainment, and government
3. Cybercrime law provides rules of conduct
and standards of behaviour for the use of the
Internet, computers, and related digital
technologies, and the actions of the public,
government, and private organizations; rules of
evidence and criminal procedure, and other
criminal justice matters in cyberspace; and
regulation to reduce risk and/or mitigate the
harm done to individuals, organizations,
and infrastructure should a cybercrime
occur. Accordingly, cybercrime law includes
substantive, procedural and preventive law.
4. Substantive law is the
law that creates the right
being claimed or the
crime being prosecuted.
Substantive cybercrime
law includes laws that
prohibit specific types
of cybercrime
Procedural
law demarcates the
processes and
procedures to be
followed to apply
substantive law and the
rules to enable the
enforcement of
substantive law.
Ultimately, procedural
cybercrime law includes
provisions on
jurisdiction and
investigative powers,
rules of evidence and
criminal procedure that
relate to data collection,
wiretapping, search
and seizure, data
preservation and data
retention.
Preventive law focuses
on regulation and risk
mitigation. In the
context of cybercrime,
preventive legislation
seeks to either prevent
cybercrime or, at the
very least, mitigate the
damage resulting from
the commission of a
cybercrime
5. AN ACT DEFINING CYBERCRIME, PROVIDING
FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER
PURPOSES
6. SECTION 1. Title.
— This Act shall
be known as the
“Cybercrime
Prevention Act
of 2012”.
SEC. 2. Declaration of Policy. — The State
recognizes the vital role of information and
communications industries such as content
production, telecommunications,
broadcasting electronic commerce, and data
processing, in the nation’s overall social and
economic development.
7. SEC. 2. Declaration of Policy. —
The State recognizes the vital role
of information and
communications industries such
as content production,
telecommunications, broadcasting
electronic commerce, and data
processing, in the nation’s overall
social and economic
development.
SECTION 1. Title. —
This Act shall be
known as the
“Cybercrime
Prevention Act of
2012”.
8. SYSTEM
INTERFERENCE
CYBERCRIME OFFENSES
Offenses against the
confidentiality, integrity and
availability of computer
data and systems:
The 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.
A device, including a
computer program,
designed or adapted
primarily for the purpose
of committing any of the
offenses
DATA
INTERFERENCE
MISUSE OF DEVICES CYBER
SQUATTING
The intentional alteration
or reckless hindering or
interference with the
functioning of a computer
or computer network
The intentional alteration
or reckless hindering or
interference with the
functioning of a computer
or computer network
The interception made
by technical means
without right of any non-
public transmission of
computer data to, from,
or within a computer
system including
electromagnetic
emissions from a
computer system
carrying such computer
data.
ILLEGAL
INTERCEPTION
ILLEGAL
ACCESS
The access
to the
whole or
any part of
a computer
system
without
right.
9. COMPUTER RELATED
FORGERY
The input, alteration, or
deletion of any computer data
without right resulting in
inauthentic data with the
intent that it be considered or
acted upon for legal purposes
as if it were authentic,
regardless whether or not the
data is directly readable and
intelligible
COMPUTER RELATED
OFFENSES
COMPUTER RELATED
FRAUD
The unauthorized input,
alteration, or deletion of
computer data or program
or interference in the
functioning of a computer
system, causing damage
thereby with fraudulent
intent
COMPUTER RELATED
IDENTITY THEFT
The intentional acquisition,
use, misuse, transfer,
possession, alteration or
deletion of identifying
information belonging to
another, whether natural or
juridical, without right
10. CONTENT RELATED OFFENSES
CYBERSEX
The willful
engagement,
maintenance, control,
or operation, directly or
indirectly, of any
lascivious exhibition of
sexual organs or sexual
activity, with the aid of a
computer system, for
favor or consideration.
CHILD
PORNOGRAPHY
The unlawful or
prohibited acts
defined and
punishable
by Republic Act No.
9775 or the Anti-
Child Pornography
Act of 2009,
committed through a
computer system
UNSOLICATED
COMMERCIAL
COMMUNICATION
The 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
LIBEL
The unlawful or
prohibited acts of libel
as defined in Article
355 of the Revised
Penal Code, as
amended, committed
through a computer
system or any other
similar means which
may be devised in the
future.
