Wednesday, October 03, 2012

Below is Section 4 of the Anti-Cyber Crime Law.
This is just an stripped version of the whole article. This is to enumerate the offenses that identified in Sec 4.

Anti Cyber Crime Law

Section  4 - refers to cybercrime offenses

A.      Offense against the confidentiality intergrity and availability of computer data and systems.
1.       Illegal access
2.       Illegal interception
3.       Data interference
4.       System interference
5.       Misuse of devices
a.       The use and production etc without the right of
                                                                                                   i.      Device, includes the computer program primarily for the purposes of committing any of the offenses under this Act
                                                                                                 ii.      Computer password or similar data that is capable of being accessd with the intent that it be used for the purpose of committing any of the offenses under this Act.
b.      Possessions of an item in 5, with the intent to use said device for committing any offenses in this Act.
6.       Cyber Squatting – acquisition or use of domain name over the internet in bad faith to profit, mislead, destroy reputation and deprive others from registering the same name, if such domain name is
a.       Similar, identical or confusingly similar to an existing trademark registered
b.      Identical or in any way similar with the name of a person other than the registrant, in case of a personal name, and
c.       Acquired without right or with intellectual property interest in it
B.      Computer –related Offenses
1.       Computer related forgery
a.       Input, alteration, deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic
b.      The act of knowing using computer data which is the product of computer related forgery , for the purpose of perpetuating a fraud
2.       Computer related Fraud
a.       The unauthorized input, alteration, deletion of computer data or program or interfere in the functioning of a computer system causing damage thereby with fraudulent intent. Provided that is no damage has yet been caused penalty impose shall be 1 degree lower
3.       Computer related identity theft
a.       The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to other without right. (Provided that is no damage has yet been caused penalty impose shall be 1 degree lower )
C.      Content related offenses
a.       Cyber Sex
b.      Child Pornography
c.       Unsolicited Commercial Communications
                                                               i.      Affirmative Consent from the recipient
                                                             ii.      Primary intent of communication is for service and/or administrative announcement send to its  user/customer/subscriber
                                                            iii.      the ff must be present
1.       recipient may reject or opt-out to easily from the source
2.       does not disguise the source of the msg
3.       does not purposely include misleading information in any part of the msg
d.      Libel – act of libel defined in Article 355, as amended, committed through a computer system or any other similar means which may be devised in the future

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