Halili & Kho

• Katrina Halili vs. Hayden Kho case


  Case involving the violation of the Anti-Photo or Video Voyeurism Act of 2009
• The original version of the Cybercrime Law includes the main features of RA 9995 or the Anti-Photo or Video Voyeurism Act of 2009
• Because of the humiliation, embarrassment and dishonor, Katrina sued Hayden for violation of RA9262, otherwise known as the Anti-Violence Against Women and their Children Act of 2004
• Many people opined that Katrina did not win the case because of the absence of cybercrime laws in the Philippines at the time
• Dr. Kho would be guilty of violating RA9262 if he secretly, without consent of Katrina, videotaped their sexual acts and uploaded the same to the internet causing "mental and emotional anguish, public ridicule or humiliation to the woman..."
• Cybercrime offenses under Section 4(a) of Cybercrime Law or RA 10175


  • Illegal Access
  • Illegal Interception
  • Data Interference
  • System Interference
  • Misuse of Device
  • Cyber-squatting
• Illegal Access


  The intentional access to the whole or any part of a computer system without right
• Elements of the Offense of Illegal Access

  • There must be an intentional access in whole and in part of a computer system
  • The person who attempts to, or is accessing, or had already access the data has no right of access to the system
• Illegal Access


  • A student assistant who sneak into the files of the College Dean without the latter's consent
• Illegal Access


  • A staff from the registrar's office with right of access to the system, who forgot to log out and a junior staff immediately accessed the system and printed the grades of her boyfriend
• The Chief Registrar may be guilty of illegal access for reason that she had undertaken an act in EXCESS OF HER AUTHORITY
• Ethical Hackers


  Evaluate the target system's security and report back to the owners the vulnerability they found in it and give instructions for how these can be remedied
• The Supreme Court ruled that a client's engagement of an ethical hacker requires an agreement between them as to the extent of the search, the methods to be used, and the systems to be tested, which would insulate the ethical hacker from the coverage of Section 4(a)(1)
• Illegal Interception Section 4 (a)(2) –


  The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data
• Elements of Illegal Interception

  • It must be intentional
  • It must be by technical means
  • The person involved is without any right to do the interception
  • The transmission of computer data to, from, or within the computer system is non-public
• Illegal Interception


  • Interception of transmitted data from PCOS machine used during the 2010 and 2013 elections
• Data InterferenceSection 4(a)(3)


  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
• System InterferenceSection 4(a)(4)


  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
• The same cannot be considered as illegal interception because it is not done through TECHNICAL means
• This provision of the Cybercrime Law is the upgraded version of RA 4200 otherwise known as the "Anti-Wiretapping Act promulgated in 1965
• Alteration


  The modification or change, in form or substance, of an existing computer data or program
• System 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 of transmission of viruses
• In data interference, interference is directed against the data itself. In system interference, the interference is directed against the functioning of a computer system
• In data interference, alteration involves only data. In system interference, alteration involves both data and computer program
• A person who shall alter the computer data only shall be guilty of system interference if the alteration of the data shall affect the functioning of the computer or computer network
• Misuse of Devices


  The use, production, sale, procurement, importation, distribution, or otherwise making available, without right of: a device, including computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or a computer password, access code, or similar data by which the whole or any part of a computer is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act
• Cyber-Squatting


  The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such domain is: similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration; identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and acquired without right or with intellectual property interests in it
• Computer-related offenses


  • Computer-related forgery
  • Computer-related fraud
  • Computer-related identity theft
• Computer-Related Forgery


  The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon legal purpose as if it were authentic, regardless whether or not the data is directly readable and intelligible; or the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design
• Computer-Related Fraud


  The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system causing damage thereby with fraudulent intent
• Computer-Related Identity Theft


  The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right
• Cybersex


  The willful engagement, maintenance, control, or operation directly or indirectly, or any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or for consideration
• Child Pornography


  The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system
• Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos up to a maximum amount commensurate to the damage incurred or both
• Any person found guilty of the punishable act under Section 4(a) (5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos or both
• If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos up to maximum amount commensurate to the damage incurred or both, shall be imposed
• Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos but not exceeding One million pesos or both
• Computer system means any device or a group of interconnected and related devices, one or more of which, pursuant to a program, performs automatic processing of data.
• Cellular transmission using (GSM)

  Global System for Mobile Communication
• Satellite transmission through (BGAN)

  Broadband Global Area Network