#cybercrimelaw

[alrowaadlaw01]

Cybercrime Law for Impersonation | Know Legal Options

Read more about the provisions in the UAE Criminal Law to understand how you can initiate criminal action in case of false impersonation here: https://www.alrowaad.ae/legal-blog/what-are-my-legal-options-for-impersonation-in-the-uae

[alketbilawfirm]

To lessen the Cybercrime rates throughout UAE, amendments have been made to Cyber Crime Law. As per Article 2 of The New Cyber Crime Law, any person who is found illegally accessing or misusing an electronic site has to bear a punishment/penalty.

[thebiswajitsarkar]

Cyber law involves the legal issues revolving around the communications technology, particularly, the internet. The United Nations Commission on Trade Law (UNCITRAL) adopted the Model Law on E-Commerce in 1996, recommending on the states to favor the same.

https://www.biswajitsarkar.com/cyber-law.php

[lhyajoycehalili]

“Publication Requirements in the Light of the Digital Age"

Now that we are in the midst of a pandemic and schools are still not allowing face to face classes, a lot of activities are done inside the student’s home. With the help of technology and internet websites, students can maximize the information and resources that they can get to find answers on their activities. So, as a facilitator it is our responsibility to ensure that our students will be fully guided by the following passed Laws in publishing their works or products.

 One of the most common activities that we give to our students are creating or constructing an essay and publishing research papers. And the most common problem that students encounter while developing their assignments and research problems is copyright.

A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.

In the Intellectual Property (IP) Code of the Philippines, literary and artistic works include books, writings, musical works, films, paintings, and other works including computer programs.

 Imagine that there’s no law such as this, and your ideas or work was being imitated and it became viral and addressed to that person who copied it? That’s so absurd right? So, having this law is a privilege to our writers, it is their power as a writer to stop those people who like to copy other works to use in their academic works. But at least, with this law, we can still use their ideas or works but we should indicate their names or the website where we get those words that we copied. For the students, it is also helpful for it gives them the rights over reproduction, public display, public distribution, public performance, and creation of derivative works from their copyrighted works. Lastly for teachers and the institution, it is also significant for this keep them away from being an accomplice of copyright. They should always read thoroughly every piece that was being submitted to them and the research project that they will approve for publication. 

 Another disturbing problem that our students might get into with the use of technology is the Republic Act No. 10175 which is the commonly called The Cybercrime Prevention Act of 2012,. It is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.

 Students have access to the internet all they want. And it is important that as a teacher, we should give awareness to them as early as possible to avoid being a victim of these cybercrime offenses such as cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. It is not only helpful for the students to be aware and to prevent themselves from these but also for their parents who are not watching closely to what their child is doing. 

 Lastly, the Antibullying act of 2013. The Republic Act No. 10627 or also known as the Anti Bullying Act of 2013 addresses this concern among parents, teachers and even students who are considered victims of bullying. The anti-bullying act ensures that these cases will no longer fall on deaf ears.

Preventing this is also giving a safe and healthy environment for each student. As a teacher, we should treat your students fairly even if they come from different cultures. Learning is effective if the students are comfortable with the people around them. Parents trust the school, especially you as their teacher for their child’s learning, but that’s not just it. They are also trusting you for their child’s safety. So as a teacher, we should protect each of our students and prove your reliability to their parents. 

  References:

https://mirror.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/

https://attorney.org.ph/legal-news/21-an-overview-of-republic-act-no-10627-anti-bullying-act#:~:text=The%20Republic%20Act%20No.,longer%20fall%20on%20deaf%20ears.

https://en.wikipedia.org/wiki/Copyright_law_of_the_Philippines

[myadvo]

To protect the citizens from cybercrime Indian Cyber laws i.e., Information Technology Act, 2000 was enacted. Feel Free to Call us at +91-9811782573

[rajputbalsing]

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Rumour kills !! Spreading rumour is crime !!Help to stop fake news !! Join the movement to stop fake news and rumours !! #fakenews #rumours #cybercrime #cybercrimelaw #cybersecurity #socialmedia

[aseverelysuperbperson]

New York and New Jesey Law Office October 23, 2018 at 09:03PM

Cyber Crime Law – #cybercrimelaw #nyc #ny #nj https://t.co/PVJsN5rAoc https://t.co/DkOQ1bE1w3 https://t.co/SbdIoAohdB The post Cyber Crime Law appeared first on Immigration Lawyers in US. https://t.co/XZkUqseEgi Cyber Crime Law http://twitter.com/jiryhyhewik/status/1054991829588959238

Cyber Crime Law – #cybercrimelaw #nyc #ny #nj https://t.co/PVJsN5rAoc https://t.co/DkOQ1bE1w3 https://t.co/SbdIoAohdB The post Cyber Crime Law appeared first on Immigration Lawyers in US.https://t.co/XZkUqseEgi Cyber Crime Law

— Kimiyo Alessandrucci (@jiryhyhewik) October 24, 2018

from Twitter https://twitter.com/jiryhyhewik October 23, 2018 at 09:03PM via New York Immigration Attorney

[coloring-caps]

NYC Lawyer September 14, 2018 at 02:08PM

Cyber Crime Law #cybercrimelaw https://t.co/dvpThmeV8W https://t.co/SpSKbhFUBS https://t.co/cUQNtDRpLJ https://t.co/81oBevonwm https://t.co/jBlhqQ30SD #cybercrimelaw The post Cyber Crime Law appeared first on Lawyers in USA. … https://t.co/1a09hvysny

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— AverilBurt (@AverilBurt) September 15, 2018

From Twitter https://twitter.com/AverilBurt http://twitter.com/AverilBurt/status/1040754186768576512 September 14, 2018 at 02:08PM via NYC Lawyer

[aklegaladvisors]

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[myadvo]

There have been cyberbullying laws enacted in India to punish the offenders and protect the victims and they are known as Anti-bullying laws. Other than these laws one must also take certain steps to deal with bullies. Feel Free to Call us at +91-9811782573

[carlacachu]

Final Paper in Media Law and Ethics.

I know it’s not EVERYTHING PERFECT, but I just wanted to post my graduate school paper on cybercrime law of 2012. I know people will hate me for it but then again, nobody’s reading this anyway. So I go.

In the advent of technology and its infinite opportunities of innovation, our government, in response to all forms of oppression existing even in the Internet signs a bill that aims to eradicate its many repressive forms – the Republic Act No. 10175, often recognized as the Cybercrime Prevention Act of 2012 (Punay, 2013). Since its approval on the 12th of September in 2012, people all over the country have gone indignant; madly expressing their abomination for “killing” their rights of expression. In the world of social media, netizens have agreed to change their profile pictures on Facebook from their regular pictures to black – their language of rejecting the disdained bill. Some individuals took their protest in the next level when they rallied to Padre Faura on October 2 to call the Supreme Court to turn down the provisions of the law and confine the government from implementing these provisions (Reformina, 2012).

Cybercrime Act is the first law in the Philippines which specifically criminalizes computer crime. The Electronic Commerce Act of 2000, also known as RA 8792 is a regulatory act declared among Filipinos for computer-related activities but does not provide legal basis for outlawing crimes on a computer such as ILOVEYOU computer worm by Onel de Guzman, who in turn, was not prosecuted for any case due to the lack of legal basis for him to be charged for such oppression.

The Salient Points of the Cybercrime Prevention Law

Just like the many decrees in the Philippines, RA 10175 has its many provisions which eventually significantly benefits the people and its state. The act, divided into 31 sections split across 8 chapters, criminalizes several types of offenses including:

·         Illegal access or hacking

·         Cybersquatting or the selling or using of a domain name with the intent of profiting from the goodwill of someone else's trademark (NOLO, 2015).

Computer-related offenses such as:

·         Computer fraud

Content-related offenses such as:

·         Cybersex

·         Spam

Reaffirmation of existing laws against:

·         Child pornography (in accordance to RA 9779)

·         Libel

Albeit many individuals depreciate these doles, for some harmony-loving citizens, these are but blessings. For business owners who risk to invest whatever they have in order to popularize their venture and widen their connections, purchase domains to further advertise their products. If a rival would resentfully rescind the other’s reputation, hence the company’s goal for expanding their market will fall short. For individuals who aim for nothing but make a living even in the absence of a college degree, hoping to attain jobs online, end up being entangled with online scams with great investments; in worst cases, selling themselves to pornography or cybersex cams which have been popularized in mid-2012 (BBC, 2012).

 The Status of the Law

Since its signature on September 12, 2012, Several petitions have been addressed to the Supreme Court (SC) questioning the constitutionality of the Act. However, on October 2, the SC delayed on acting on the appeals, citing the lack of impartialities which prevented the full court. The lack of a temporary restraining order (TRO) meant that the law went into effect as scheduled on October 3. In protest, Filipino netizens reacted by blacking out their Facebook profile pictures and trending the hashtag #notocybercrimelaw on Twitter (Inquirer, 2012).

On October 9, 2012, the Supreme Court issued a TRO, discontinuing the execution of the Act for 120 days. In early December, 2012, the government requested the lifting of the TRO.

In conclusion, On February 18, 2014, The Supreme Court ruled the online libel provision of the act to be legitimate, although it struck down other provisions, including the ones that violated the provisions on hazard (citation). On May 24, 2013, The Department of Justice announced that the argumentative online libel provisions of the law had been dropped (Merueñas, 2013). February 18, 2014, the Supreme Court ruled that section 5 of the law decision was constitutional, and that sections 4-C-3, 7, 12 and 19 were unconstitutional.

Who are for and Against the Law?

The initial draft of the law started in 2002 from the former Information Technology and eCommerce Council (ITECC) Legal and Regulatory Committee, established during Estrada regime, chaired by Atty. Claro Parlade and its Information Security and Privacy subcommittee co-chaired by Albert Dela Cruz of PHCERT and Atty. Elfren Meneses of the NBI.

The House Bill No. 5808, authored by Rep. Susan Yap-Sulit of the second district of Tarlac and 36 other co-authors superseded the Cybercrime Prevention Act. It was also proposed by Sen. Edgardo Angara shortly after the impeachment of Renato Corona. The final version of the act was signed into law by the President Benigno Aquino III on September 12.

In summary, the people who are for the law includes the House of Representatives, Sen. Edgardo Angara and the different IT government sectors of our country.

The people who are against the law are the following: Sen. Teofisto Guingona III who filed his petition on the 25th of September, the Group of lawyers from the Ateneo School of Law, the journalists led by Alab ng Mamahayag (ALAM) who filed their petition on the 24th of September, Kabataan party-list Rep. Raymond Palatino, National Artist Bienvenido Lumbera, technology law experts and bloggers, UP Law professor Jose Jesus M. Disini Jr, Rowena S. Disini, Lianne Ivy P. Medina, Janette Toral, and Ernesto Sonido Jr., Louis Biraogo on 25th of September, the National Union of Journalists of the Philippines and the Center for Media Freedom and Responsibility, the Bloggers and Netizens for Democracy (BAND) led by Tonyo Cruz, "The Professional Heckler” and 18 more bloggers on October 4, Philippine Bar Association, Paul Cornelius Castillo and Ryan Andres on October 3, Bayan Muna. Rep. Neri Javier Colmenares, National Press Club, Philippine Internet Freedom Alliance, and Harry Roque (Phneah, 2012). In other words, the people of the Philippines.

Thoughts on Salient Points

           I honestly think and believe that the law is highly beneficial. More than the salient points mentioned, the law is gravely needed by the people of the Internet and the Philippines.

           I have seen people on social media posting their horrible experiences on being scammed for online business ventures, their identities stolen and used for illegal transactions, bank and other personal accounts hacked by online thieves, and lives destroyed by massive slanderous posts spreading on social media. This law is not just any output of mindless debate, but of pure concern to countrymen. It is such a misfortune, though, that people are not seeing the giftedness of such act.

           Freedom of speech is no longer the issue here for it obviously has been taken for granted. It is not freedom to speak when you prefer to defame someone; and it is certainly not freedom when you choose to destroy a rival business venture.

           I am in favor of not only the salient points of the law but of the law and its punishments. Our country does not need freedom but a law that disciplines. We have had the best slice of liberty for so many years that we lost respect for government officials. Even in the smallest of things heard from the world of politics, people would criticize disparagingly as if we are the right people and that we have the perfect amount of experience to dictate on what should be and should have been done. The cybercrime law does not inhibit our right to speak if we are in the right avenue of doing so. It is a filter that educates people the value of responsibility and unsoiled information that is right at our fingertips.

[aklegaladvisors]

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Child custody is the legal term about guardianship. The word used to the support and control of a child that is defined by the court when the parents of the child are divorced or separated.

If a marriage crashes down and ends up in separation of a couple, if you have a child or children then the problem arrives. The child or children are most suffer in this condition.

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Tollygunge

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Divorce Lawyer - Criminal Lawyer - Civil Lawyer - Business Lawyer - Tax Consultant - Advocate in Kolkata

[chahali]

#TBT Jinsi baadhi yetu tulivyokuwa tukiingia mtandaoni kabla ya Sheria ya Kudhibiti Uhalifu mtandaoni #CyberCrimeLaw ilopitishwa na Bunge jana. Kabla ya hatua hiyo, ukitaka kuingia Insta au Twitter au FB Ilibidi kuchungulia kwanza (kama huyo dogo pichani) maana hujui utachokutana nacho: Kama si matusi basi picha za ngono au picha za maiti ikitokea ajali, au mtu kapandwa na stress zake kuamua kukuchafua bila sababu... Ndio, sheria yaweza kutumika vibaya na kuuliza walio na hatia lakini angalau picha za utupu/maiti, matusi au unyanyasaji mtaani utapungua

[digitaldelacruz]

Cybercrime Law...the JUDGES have decided!

The Supreme Court FINALLY came out with a ruling on the much awaited Cybercrime Prevention Act of 2012 (RA 10175). It was to take effect on October 2012 after after the passing of congress and signing of the president but its implementation was put to a halt after several petitioners filed a Temporary Restraining Order (TRO) with the Supreme Court. A 120-day TRO was initially issued but later on extended indefinitely while the deliberations for the unconstitutionality of some of the provisions were being decided upon.

Click HERE If You wanna download and read the entire Supreme Court Decision.

Internet Libel

While it did 'struck down' some of the contentious provisions (declaring them as 'un-constitutional'), they have on the other hand upheld the highly controversial provision on 'Internet Libel'. Despite the Opinion of the United nations and the  call of many to de-criminalize Libel itself, it seemed that defamation suits will now progress beyond print and broadcast media and into your much wider and far reaching world of the web.

The SC were quick to add though that Internet Libel will only hold the 'Original' source of the material liable and NOT those who merely received and commented on it (read: like). It  is unclear however, if sharing or re-posting constitutes a crime. I guess we will find that out later on.

Although that's commendable, If the perpetrator is smart and technology savvy,  It will be extremely difficult to 'trace' the original source much less 'identify' him, her or It. The Internet is so designed for anonymity that there is a saying in cyberspace that goes like this "In the Internet, No one knows if You're a Dog".

NO-GO

The following are the ones that DID NOT get the nod of the judges (Un-Constitutional):

1. Aiding and Abetting in the commission of Cybercrime as applied to crimes of; Child Pornography, Unsolicited Commercial Communications or SPAM (they have voided the entire provision for SPAM anyways!) and Online Libel. 

To this I ask... "On God's Green Earth.. WHY???????" so anybody who willfully helps the perpetrators to commit those crimes have just earned a lifetime supply of "get-out-of-jail" free cards?

2. Section 7 which allows prosecution of crimes both for the Revised Penal Code (RPC) and the Anti-Cybercrime Law. This eliminates the possibility of being prosecuted for the same crime under two different laws or "Double Jeopardy" in Law-Speak.

3. The "Take Down" power which could have given blanket authority to the Department of Justice (DOJ)  to restrict and block access to suspected computer data.

4.  The Collection and Recording of Traffic data in 'real-time' without a court order (warrant). I'm not sure if this is totally not allowed or it just means that a Search warrant or Court order is a requisite to doing so.

5. Penalizing Unsolicited Commercial Communications (UCC) or SPAM. This one really bothers me. Unless I get a good explanation (as I might be missing something - Help Lawyer Friends!) but this reads to me like the Supreme Court has just made SPAMMING LEGAL.

APPROVED

On the other hand, the following got the green light from the esteemed Magistrates.

1. Internet Libel (as discussed above)

2. The hacking provisions that were present in the Anti-Hacking portions (Section 33) of the eCommerce Act - RA 8792 namely: Illegal Access, Illegal Interception, System Interference and  Data Interference, 

3. Cyber-squatting or the act of obtaining domain names even though it is not related to you (or what you do) with the purpose of gaining profit from the entities that do actually need them for their business and other legal activities.

4. Identity Theft - Thumbs-Up!

5. Child Pornography - Most Definitely.

6. Cybersex - ANY Kind of Porn is illegal in the Philippines! Especially if it is done for 'favor' and 'consideration' as stated in the Law. This provision especially the favor and consideration portion is a potential beerhouse or barbershop discussion topic i.e. "walang katapusan". 

7. Search and Seizure of Computer Data - with the proper Court order of course. Every  investigation needs Evidence but the proper 'handling' part should be carefully addressed by our law enforcement agencies. Digital evidence is much easier to be compromised.

"FUNCTUS OFFICIO"

or "Of No Further Legal Efficacy" the fancy Latin term which  means that The rendering of the decision on February 18, 2014 effectively lifts the suspension/TRO since the case has already been decided upon.

Ladies, Gentlemen .. Netizens of Virtual Pilipinas, RA 10175 is now fully enforceable. BE-AWARE!

Peace!

DDZ