Bill seeks to regulate unauthorized installation of computer software

SENATOR Miriam Defensor Santiago has filed a bill seeking to regulate the unauthorized installation of computer software.

With the advent of advanced technology, Santiago said computer users found software, which is unknown to them, installed on their computers.

She added that there is tendency for Internet users to have unauthorized software secretly installed on their computers without their knowledge.

"There are reports that technology has now freely made available predatory and eavesdropping software which has the capacity to collect and transfer data from a user's computer to another computer without the knowledge of the user," Santiago said.

Under Senate 2708, it is unlawful for any person, who is not the user of a computer, to install or authorize the installation of software on that computer without the user's knowledge or consent.

On the other hand, a person is not liable in any offense provided that the software was delivered to a computer for installation through Internet connection or other transmission, Internet website, and information location tool like hypertext link.

In order to install software on the user's computer, the person should give prior notice to the user and should have been granted consent.

Likewise, a person who installed the software on the computer without prior notice of the user may be absolved if he/she successfully removed the software.

A person who commits any of the prohibited acts enumerated above will be imprisoned for a period of not exceeding six months or a fine of not less than P500,000 but not more than P100,000.

"It is the responsibility of the state to protect its citizens from unscrupulous individuals who now use technology and the Internet to take advantage of unknowing customers," Santiago said. (Sunnex)

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