Computer crime
Computer crime, or Cybercrime, refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target.[2] Netcrime is criminal exploitation of the Internet.[3] Dr. Debarati Halder and Dr. K. Jaishankar (2011) define Cybercrimes as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)".[4] Such crimes may threaten a nation’s security and financial health.[5] Issues surrounding these types of crimes have become high-profile, particularly those surrounding cracking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.
Cybercrime Prevention Act of 2012
Cybercrime Prevention Act of 2012 | |
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Congress of the Philippines | |
An Act Defining Cybercrime, Providing for the Prevention, Investigation, Suppression and the Imposition of Penalties Therefor and for Other Purposes | |
Citation | Republic Act No. 10175 |
Territorial extent | Philippines |
Enacted by | House of Representatives of the Philippines |
Date enacted | June 4, 2012 |
Enacted by | Senate of the Philippines |
Date enacted | June 5, 2012 |
Date signed | September 12, 2012 |
Signed by | Benigno Aquino III |
Date commenced | October 3, 2012[note 1] |
Legislative history | |
Bill introduced in the House of Representatives of the Philippines | An Act Defining Cybercrime, Providing for the Prevention, Suppression and Imposition of Penalties Therefor and for Other Purposes |
Bill citation | House Bill 5808[note 2] |
Bill published on | February 9, 2012 |
Introduced by | Susan Yap (Tarlac) |
First reading | February 13, 2012 |
Second reading | May 9, 2012 |
Third reading | May 21, 2012 |
Conference committee bill passed | June 4, 2012 |
Committee report | Joint Explanation of the Conference Committee on the Disagreeing Provisions of Senate Bill No. 2796 and House Bill No. 5808 |
Bill introduced in the Senate of the Philippines | An Act Defining Cybercrime, Providing for Prevention, Investigation and Imposition of Penalties Therefor and for Other Purposes |
Bill citation | Senate Bill 2796 |
Bill published on | May 3, 2011 |
Introduced by | Edgardo Angara |
First reading | May 3, 2011 |
Second reading | January 24, 2012 |
Third reading | January 30, 2012 |
Conference committee bill passed | June 5, 2012 |
Date passed by conference committee | May 30, 2012 |
Keywords | |
Aiding and abetting, defamation, fraud,obscenity, trespass to chattels | |
Status: Not fully in force |
The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippinesapproved 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.[1]
While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment in freedom of expression.
On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court."[2][3]
On May 24, 2013, The DOJ announced that the contentious online libel provisions of the law had been dropped.[4]