Tuesday, September 02, 2008 Braga pushes passage of cyber crime bill
THE Davao City Council, through a resolution proposed by Councilor Pilar Braga, urged the House of Representatives to fast track the formulation of the final draft of the cyber crime bill.
"We push for a its speedy endorsement to the Senate because we urgently need of legislation. The longer it takes for the bill to become a law, the more daring cyber crimes are being committed," Braga said Wednesday.
As basis for the resolution, Braga said the E-Commerce Law, which was passed after the country was noted for releasing the "I Love You" virus in 2000, has to be updated in order to address current woes in cyberspace.
The existing E-Commerce Law law imposes penalties or fine and/or imprisonment on hacking, cracking, or any unauthorized access or entry in computer and communication systems, networks or servers; introduction of computer virus and other means that will corrupt, destroy, alter, or result in the theft or loss of electronic data messages or electronic document; piracy or unauthorized copying, distribution, use, alteration, or transmission of works and materials protected by intellectual property laws, and violations of the Consumer Act (Republic Act No. 7394) through electronic means.
Braga, however, said eight years since the enactment of the E-Commerce Law, the Internet landscape has changed dramatically, and the current law may not be able address the threats posed by identity theft, data privacy, online fraud, and online child pornography.
"Scandals relating to the use of digital technology, computers, internet, and the World Wide Web have been grazing front pages of our newspapers. The Internet is a haven for fraud and illegal acts known as cyber crimes and the extent and sophistication that internet crimes in the Philippines have taken in recent years require a cyber crime law which unfortunately has been stalled or delayed," Braga said.
She said there is a need to put more technical details in the e-commerce law to remedy its vagueness by identifying and penalizing computer crimes and computer facilitated crimes.
The bill called the Cyber Crime Prevention Act consolidates at least four House bills introduced by at least 12 congressmen.
"Instead of just hacking, cracking, and introduction of viruses, the proposed bill now defines several acts as computer crimes including illegal access, illegal interception, misuse of devices and unsolicited commercial communications. It also imposes penalties on computer sabotage, which it defines as input, alteration, erasure or suppression of computer or communication data or computer or communication programs, or interference with computer and communication system or network and acts filed under computer sabotage include data interference, system interference, computer fraud and computer forgery," she said.
Braga added provisions also cover all offenses related to cyber sex including production of child pornography for the purpose of distribution, offering or making available child pornography through a computer or computer network; distribution of child pornography; possession, prostitution or solicitation of any form of cyber sex, operation of internet café or any type of establishment that engages in cyber sex and promotion and advertisement of any form of cyber sex.
Under the proposed bill, those found guilty of computer crimes or computer sabotage could be fined P100,000 up to a maximum amount commensurate to the damage incurred plus a jail sentence of six to 12 years.
Those found guilty of computer facilitated crimes could be fined P200,000 to P800,000 and a mandatory imprisonment of six to 12 years provided that the maximum penalty, as provided for by law, is imposed.
