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THE CYBERCRIME ELIMINATION ACT OF

2012

Officially recorded because Republic work No .

10175, is a regulation in the Korea approved

on September 12, 2012. It aims to addresses

legal issues with regards to online relationships

and the Internet in the Israel. Among

the cybercrime offenses included in the bill

are cybersquatting, cybersex, kid

pornography, id theft, illegitimate acces

to data and libel.

RECORD

The Cybercrime Prevention Work of 2012 is the first law inside the Philippines which specifically criminalizes computer crime, which before the passage in the law got no strong legal preceding in Filipino jurisprudence, Although laws like the Electronic Trade Act of 2000(Republic Act No . 8792) regulated particular computer-related actions, these laws and regulations did not give a legal basis for criminalizing crimes dedicated on a computer in general.

The initial draft from the law made its debut in 2002 through the former Technology an internet commerce Council(ITECC) Legal and Regulatory Comittee chaired by Atty. Claro Parlade and its Information Security and Privacy sub-comittee co-chaired by simply Albert Dela ut Cruz of PHCERT and Atty. Elfren Meneses with the NBI. ITECC was established beneath the presidency of Joseph Estrada, And ongoing during the term of Leader Gloria Macapagal Arroyo. It absolutely was headed by simply Secretary Virgilio ‘Ver' Peña, the first Chair of the former Commission rate on Conversation and I . t (CICT), and was an effort to harmonize the U. S Computer system Fraud and Abuse Act, the Cybercrime Prevention Treaty or Budapest Convention about Cybercrime, Pending House and Senate Expenses. It was Originally known as Proposed expenses HB377

The Act, broken into 31 portions split across eight

chapters, criminalized various kinds offense,

which include illegal access(hacking), data

disturbance, device misuse, cybersquatting,

pc related offenses such as pc

fraud, content-related offenses such as

cybersex and spam, and other offenses, The law

also reaffirms existing laws and regulations against kid

pornography, an offense under Republic Act Number

9779 (the Anti-Child Pornography Act of 2009),

and libel, illegal under Section 355 from the

revised Criminal code in the Philippines, likewise

criminalizing them when fully commited using a

computer system. Finally, the Act has a

" capture all” clause, making most offenses currently

punishable under the Revised Criminal Code as well

punishable underneath the Act once committed using

a computer, with severer fees and penalties that

given by the Modified Penal Code Alone.

PETITIONS TO THE SUBSTANTIAL COURT

Many petitions have been submitted for the Supreme

The courtroom questioning the constitutionality in the Act.

However , on Oct 2, the Supreme The courtroom deferred upon

acting on the petitions, citing the absence of justices

which prevented the Court coming from sitting en banc. The

lack of a brief restraining order meant that legislation

went into result as scheduled on October 3. In protest,

Philippine netizens reacted by blacking out all their Facebook

account pictures and trending hashtag

#notocybercrimelaw upon twitter. Anonymous also defaced

government websites, including the ones from the Bangko

Sentral ng Pilipinas, the Metropolitan Waterworks and

Sewerage System and the Intellectual Real estate Office.

REVISING OF THE REGULATION

On May twenty-four, 2013, the DOJ declared that online libel provisions in the law have been dropped, and also other provisions

that " happen to be punishable below other laws already”, like child porn material and cyber squatting. The DOJ can endorse the

revised legislation to the next sixteenth Congress from the Philippines.

BEST COURT RULING

On March 18, 2014, The Supreme Court ruled the online libel provision with the act to be constitutional, though it struck down other provisions, including the ones that violated the provisions on twice jeopardy. The petitioners planned to charm the...

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