Finals

• RA 8792; Section 6


  LEGAL RECOGNITION OF DATA MESSAGES
• Philippine E-Commerce Act Of 2000 


  Republic Act 8792
• RA 8792; Section 7


  LEGAL RECOGNITION OF ELECTRONIC DOCUMENTS
• RA 8792; Section 8


  LEGAL RECOGNITION OF ELECTRONIC SIGNATURES
• RA 8792; Section 33


  PENALTIES
• Chapter of RA 8792 that states section 33


  III
• The Consumer Act Of The Philippines 


  RA 7394
• RA 8792 full title


  AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC TRANSACTIONS AND DOCUMENTS, PENALTIES FOR UNLAWFUL USE THEREOF AND OTHER PURPOSES
• Text messages, e-mails, or any other similar modes of communication done through electronic means [including unaltered screenshots]


  Electronic Data Messages
• Has the same legal validity as physical messages


  Electronic Data Messages
• Have the legal effect, validity or enforceability as any other document or legal writing


  Electronic Documents
• This provision gives softcopy of authentic documents the same legal validity as physical documents 


  RA 8792 Section 7
• An ELECTRONIC SIGNATURE on the electronic document shall be equivalent to the signature of a person on a written document 


  RA 8792 Section 8
• Unauthorized access into a computer system/server or information and communication system 


  Hacking/Cracking
• Any access with the intent to corrupt, alter, steal, or destroy using a computer or computer system without the knowledge and consent of the owner of the system 


  Hacking/Cracking
• Unauthorized copying, reproduction, storage, uploading, downloading, communication, or broadcasting of protected material [..] through the use of telecommunication networks, e.g. the Internet, in a manner that infringes intellectual property


  Piracy
• Penalty for hacking/piracy - Fine


  100,000 PHP - Commensurate to the damage incurred
• Penalty for hacking/piracy - Mandatory imprisonment


  6 months - 3 years
• Penalty for violations against RA 7394 


  20,000 - 2, 000,000 PHP

  3 - 6 years imprisonment
• Does connecting to an open WIFI network (e.g. WIFI with no password), without the consent of the network owner, constitute a violation of RA 8792?


  No (By merely accessing it, there is no clear intent to “corrupt, alter, steal or destroy”)
• CYBERCRIME PREVENTION ACT OF 2012 


  RA 10175
• An act that adopts sufficient powers to effectively prevent and combat cybercrime offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels

  RA 10175
• A crime committed with or through the use of information and communication technologies such as radio, television, cellular phone, computer and network, and other communication device or application. 


  RA 10175
• Lists the punishable acts under R.A. 10175


  Chapter 2 - Section 4
• CYBERCRIME OFFENSES in RA 10175 


  Section 4
• RA 10175 SECTION 4 (a) OFFENSES against the ___ of Computer Data and Computer Systems

  Confidentiality, Integrity, Availability
• The access to the whole or any part of a computer system without right


  Illegal Access
• The instruction, communication with, storing/retrieving data from or use of any resources of a computer system of network


  Access
• Means having no consent from the owner of the computer system


  Without right
• Does connecting to an open WIFI network (e.g. WIFI with no password), without the consent of the network owner, constitute a violation of RA 10175?


  Yes (Illegal access is to “make use of any resources” without right consent)
• The interception […] of computer data to, from, or within a computer system. 


  Illegal interception
• listening to, recording, monitoring or surveillance of the content of communications through the use of electronic eavesdropping or tapping devices at the same time that the communication is occurring


  Interception
• Man-in-the-Middle Attack is a/an? 


  Illegal Interception
• The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document or electronic data message without right– including the introduction or transmission of viruses 


  Data Interference
• The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses 


  System Interference
• This is more or less an extension of the previous offense whereby the affected entity is not just data but the whole system


  System Interference
• Cryptojacking or cryptomining malware is an example of


  System Interference
• Website defacing is an example of


  System Interference
• The unauthorized use, production, sale, procurement, distribution or otherwise making available of:

  i. A device designed for committing any offenses under this Act

  ii. A computer password, access code, or similar data by which […] a computer system is […] accessed with the intent of committing any offenses under this act

  Misuse of device
• Skimming devices and keyloggers are examples of 


  Misuse of device