Fourth Blog - RA10175 | Cybercrime Prevention Act of 2012
Blog # 4 - Republic Act 10175
Cybercrime Prevention Act of 2012
By: Nicole Bernal Marcial
New technologies create new criminal opportunities but few new types of crime. What distinguishes cybercrime from traditional criminal activity? Obviously, one difference is the use of the digital computer, but technology alone is insufficient for any distinction that might exist between different realms of criminal activity. Criminals do not need a computer to commit fraud, traffic in child pornography and intellectual property, steal an identity, or violate someone’s privacy. All those activities existed before the “cyber” prefix became ubiquitous. Cybercrime, especially involving the Internet, represents an extension of existing criminal behavior alongside some novel illegal activities.
Most cybercrime is an attack on information about individuals, corporations, or governments. Although the attacks do not take place on a physical body, they do take place on the personal or corporate virtual body, which is the set of informational attributes that define people and institutions on the Internet. In other words, in the digital age our virtual identities are essential elements of everyday life: we are a bundle of numbers and identifiers in multiple computer databases owned by governments and corporations. Cybercrime highlights the centrality of networked computers in our lives, as well as the fragility of such seemingly solid facts as individual identity.
What is Cybercrime?
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Cybercrime refers to any and all illegal activities carried out using technology. Cybercriminals — who range from rogue individuals to organized crime groups to state-sponsored factions — use techniques like phishing, social engineering, and all kinds of malware to pursue their nefarious plans. Find out how cybercrime works and how to protect yourself here.
Republic Act No. 10175
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RA 10175 punishes content-related offenses such as cybersex, child pornography and libel which may be committed through a computer system. It also penalizes unsolicited commercial communication or content that advertises or sells products or services.
But there are exemptions relating to the sending of unsolicited material: It is not a crime if there is prior consent from the recipient, the communication is an announcement from the sender to users, and if there is an easy, reliable way for the recipient to reject it, among others.
The law also penalizes offenses against the confidentiality, integrity and availability of computer data and system, such as illegal access, illegal interference, data interference, system interference, misuse of devices, and cyber squatting
It defines cyber squatting as the acquisition of a domain name on the Internet in bad faith or with the intent to profit, mislead, destroy one’s reputation or deprive others from registering the same domain name. Also covered by the law are computer-related forgery, fraud and identity theft.
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As we use and integrate technology and Internet in our lives, perhaps it is possible that new forms of crimes can happen online and where broader or special legislation will have to be created . Nevertheless, that perspective, whether agreeable or not, brings the importance of having more organized groups of netizens who can interact with policy makers proactively on Internet / technology related policies and do its share of stakeholder consultation.
In my opinion, cybercrime is a big problem in a technology generation that must be solve. There are many cyber threat out there, and we have to be safe, we have to be secure no matter what it cost.
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