Senate OKs bill defining acts constituting cybercrime

MANILA, Philippines - The Senate has approved on third and final reading the bill defining acts that will constitute cybercrime.

With a vote of 13 in favor and one against, the Senate approved yesterday Senate Bill 2796, which defines cybercrime and provides the penalties for those found guilty of these acts.

Principally authored by Senate committee on science and technology chairman Edgardo Angara, the bill cites three types of offenses that would be considered as cybercrime.

Under offenses against confidentiality, integrity and availability of computer data and systems, the bill considers the following as illegal: the access to a computer system without right; the interception without right of any non-public transmission of computer data; the deletion, deterioration or alteration of computer data; hindering the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program; the acquisition of a domain name over the Internet in bad faith to profit, mislead, destroy reputation and deprive others from registering the same; and the use, production, sale, procurement, importation, distribution of a device, including a computer program, designed for the purpose of committing cybercrime.

Under computer-related offenses, the following were listed as illegal: computer-related forgery and fraud, including the unauthorized input, alteration or deletion of computer data or program or interference in the functioning of a computer system, causing damage to it.

As far as content is concerned, the bill lists four offenses namely: cybersex, child pornography, unsolicited commercial communications and libel.

Any person who is found aiding or abetting the commission of cybercrimes would also be held liable under the bill.

The penalty for cybercrime includes imprisonment of 10 to 12 years and fines ranging from P200,000 to P10 million.

Law enforcement authorities, with due cause, would be authorized to collect or record by technical or electronic means, traffic data in real time associated with specified communications transmitted by means of a computer system.

Upon the issuance of a search and seizure warrant, the law enforcement authorities can secure a computer system or a computer data storage medium and conduct forensic analysis or examination of this.

A National Cyber Security Center within the Department Science and Technology-Information and Communications Technology Office would be created to formulate a national cybersecurity plan and extend technical assistance for the suppression of real-time commission of cybercrime offenses.

The bill also provides for the creation of a National Cybersecurity Coordinating Council, under the Office of the President, which will formulate and implement the national cybersecurity plan.

Sen. Teofisto Guingona III, the lone senator who cast a negative vote on the bill, said that the definition of cybersex is in direct contravention of the constitutional guarantee on the freedom of speech and expression.

“It is prior restraint. It legislates morality. It tells us what is moral and immoral. That is not within the realm of the legislature. No one has the right to say what is moral and immoral and then make it a crime,” Guingona said in explaining his vote.