Elizabeth EE J R
Meters R HO
B L NTE
C TE I C E
IN Y: V
THE CYBERCRIME ELIMINATION ACT OF
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.
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 вЂVer' PeГ±a, 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 allвЂќ 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 alreadyвЂќ, 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...