It-Reviewer 6-8
It-Reviewer 6-8
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THEFT OF TIME & SERVICES Members of organized crime rings not only steal hard
The theft of computer time is more common than you ware, software, and data; they also use spam, phishing, and the
might think. Probably the biggest instance is people using their like to commit identity theft and online fraud. Even street gangs
employer’s computer time to play games, do online shopping, or now have their own web sites, most of them perfectly legal, but
dip into web pornography. Some people even operate sideline some of them possibly used as chat rooms for drug distribution.
businesses. In addition, gangs use computers the way legal businesses do—
THEFT OF INFORMATION as business tools—but they use them for illegal purposes, such
Clearly, information thieves are having a field day. as keeping track of gambling debts and stolen goods.
They have infiltrated the files of the Social Security CYBERWAR FIGHTERS
Administration, stolen confidential personal records, and sold Cyberwarfare, or cyberwar, is the use of computers
the information. On college campuses, they have snooped on or and the internet to attack an enemy’s information systems.
stolen private information such as grades. They have broken Cyberwar may be conducted on the level of
into computers of the major credit bureaus and stolen credit psychological warfare, as has happened in the Middle East, for
information and have then used the information to charge instance, where Israeli and Palestinian opponents in the Gaza
purchases or have resold it to other people. They have war have used cellphones to warn the other side of impending
plundered the credit card numbers of millions of Americans and attacks.
sold stolen identity data to conspirators in other countries. SECURITY: Safeguarding Computers & Communications
INTERNET-RELATED FRAUD What are the characteristics of the five components of
Internet or online service fraud is a runaway problem, security?
accounting for 90% of all consumerfraud complaints to the The ongoing dilemma of the Digital Age is balancing
Federal Trade Commission in 2008. The most common convenience against security. Security is a system of
complaints, according to the Internet Crime Complaint Center, safeguards for protecting information technology against
were non delivery of merchandise and/or payment (32.9%), disasters, system failures, and unauthorized access that can
internet auction fraud (25.5%), and credit/debit card fraud result in damage or loss.
(9.0%). We consider five components of security
TAKING OVER YOUR PC: ZOMBIES, BOTNETS, & • Deterrents to computer crime
BLACKMAIL • Identification and access
A zombie, or drone, a computer taken over covertly and • Encryption
programmed to respond to instructions sent remotely, often by • Protection of software and data
instant-messaging channels. • Disaster-recovery plans
Botnet, short for “robot network,” a network of 1. DETERRENTS TO COMPUTER CRIME
computers compromised by means of a Trojan horse that plants What are some ways to deter computer crime?
instructions within each PC to wait for commands from the As information technology crime has become more
person controlling that network. sophisticated, so have the people charged with preventing it and
These remote-controlled networks are best detected disciplining its outlaws.
by the internet access provider, which can block the illicit ENFORCING LAWS
network connections and help users disinfect their PCs. The Law enforcement agencies regularly cruise
zombie computers and botnet are used to launch phishing online bulletin boards and chat rooms looking for
attacks or send spam messages. They can also be used to pirated software, stolen trade secrets, child molesters,
launch denial-of-service attacks, perhaps to extort money from and child pornography.
the targeted sites in return for halting the attacks. For instance, TOOLS FOR FIGHTING FRAUDULENT & UNAUTHORIZED
one cyber-blackmailer threatened to paralyze the servers of a ONLINE USES
small online-payment processing company unless it sent a Among the tools used to detect fraud are the following:
$10,000 bank wire—and when the company refused, its servers • Rule-based-detection software: In this technique, users
were bombarded with barrages of data for four days. Blackmail such as merchants create a “negative file” that states the criteria
has also been used in conjunction with the theft of credit card each transaction must meet. These criteria include not only
numbers or documents. stolen credit card numbers but also price limits, matches of the
CRIMES OF MALICE: CRASHING ENTIRE SYSTEMS cardholder’s billing address and shipping address, and warnings
Sometimes criminals are more interested in abusing or if a large quantity of a single item is ordered.
vandalizing computers and telecommunications systems than in • Predictive-statistical-model software: In this technique, tons
profiting from them. For example, a student at a Wisconsin of data from previous transactions are examined to create
campus deliberately and repeatedly shut down a university mathematical descriptions of what a typical fraudulent
computer system, destroying final projects for dozens of transaction is like. The software then rates incoming orders
students; a judge sentenced him to a year’s probation, and he according to a scale of risk based on their resemblance to the
left the campus. fraud profile. Thus, for example, if some thief overhears you
4. COMPUTER CRIMINALS giving out your phone company calling-card number and he or
INDIVIDUALS OR SMALL GROUPS she makes 25 calls to a country that you never have occasion to
These include individuals or members of small groups call.
who use fraudulent email and websites to obtain personal • Employee internet management (EIM) software: Programs
information that can be exploited, either for monetary gain or made by Websense, SmartFilter, and Pearl Echo-Suite are used
sometimes simply to show off their power and give them to monitor how much time workers spend on the web and even
bragging rights with other members of the hacker/ cracker SECURITY: Safeguarding Computers & Communications block
community. access to gambling and porn sites.
EMPLOYEES Workers may use information • Internet filtering software: Some employers use special
technology for personal profit or to steal hardware or information filtering software to block access to pornography, bootleg-music
to sell. They may also use it to seek revenge for real or imagined download, and other unwanted internet sites that employees
wrongs, such as being passed over for promotion; indeed, the may want to access.
disgruntled employee is a principal source of computer crime.
OUTSIDE PARTNERS & SUPPLIERS • Electronic surveillance: Employers use various kinds of
Suppliers and clients may also gain access to a electronic surveillance that includes visual and audio monitoring
company’s information technology and use it to commit crimes, technologies, reading of email and blogs, and recording of
especially since intranets and extranets have become more keystrokes. Some companies even hire undercover agents to
commonplace. Partners and vendors also may be the pretend to be coworkers.
inadvertent source of hacker mischief because their systems 2. IDENTIFICATION & ACCESS
may not be as well protected as the larger partner’s networks What are three ways a computer system can verify
and computers, and so a third party may penetrate their security. legitimate right of access?
CORPORATE SPIES Are you who you say you are? The computer wants to know.
Competing companies or individuals may break into a There are three ways a computer system can verify that you
company’s computer system to conduct industrial espionage— have legitimate right of access. Some security systems use a
obtain trade secrets that they can use for competitive mix of these techniques. The systems try to authenticate your
advantages. identity by determining (1) what you have, (2) what you know, or
ORGANIZED CRIME (3) who you are.
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WHAT YOU HAVE—CARDS, KEYS, SIGNATURES, & recovery plan is more than a big fire drill. It includes a list of all
BADGES business functions and the hardware, software, data, and
Credit cards, debit cards, and cash-machine cards all people that support those functions, as well as arrangements for
have magnetic strips or built-in computer chips that identify you alternate locations. The disaster recovery plan also includes
to the machine. Many require that you display your signature, ways for backing up and storing programs and data in another
which may be compared with any future signature you write. location, ways of alerting necessary personnel, and training for
Computer rooms are always kept locked, requiring a key. Many those personnel.
people also keep a lock on their personal computers. A Privacy & Surveillance
computer room may also be guarded by security officers, who Surveillance, implies an agent who accesses
may need to see an authorized signature or a badge with your (whether through discovery tools, rules or physical/logistical
photograph before letting you in. Of course, credit cards, keys, settings) personal data. Privacy, in contrast, involves a subject
and badges can be lost or stolen. Signatures can be forged. who restricts access to personal data through the same means.
Badges can be counterfeited.
WHAT YOU KNOW—PINs & PASSWORDS Privacy is the right of people not to reveal information
To gain access to your bank account through an about themselves. Many people are worried about the loss of
automated teller machine (ATM), you key in your PIN. A PIN their right to privacy—more than 90% of respondents to one
(personal identification number) is the security number known survey called online privacy a “really” or “somewhat” important
only to you that is required to access the system. Telephone issue—fearing they will lose all control of the personal
credit cards also use a PIN. If you carry either an ATM or a information being collected and tracked by computers.
phone card, never carry the PIN written down elsewhere in your Data Collectors and Spies
wallet (even disguised). As we stated earlier in the book, The rise of Big Data has led to continuing threats to
passwords are special words, codes, or symbols required to privacy from three giant sources there are considered as the
access a computer system. Passwords are one of the weakest society’s data collectors and spies:
security links, and most can be easily guessed or stolen. 1. From business organizations
WHO YOU ARE—PHYSICAL TRAITS 2. From governments, local to national
Some forms of identification can’t be eas ily faked—such as 3. From foreign governments and criminal groups
your physical traits. Biometrics is the science of measuring Business & Cyberspying
individual body characteristics. Biometric authentication devices 1. Almost everything we do online is being scooped
authenticate a person’s identity by verifying his or her physical up and recorded for use by marketers, and it’s
or behavioral characteristics with a digital code stored in a difficult to know what parts of our own lives still
computer system. belong to us.
2. Whatever the impact on your personal privacy, it
3. ENCRYPTION seems unlikely that you can claim ownership of a
Encryption is the process of altering readable data into lot of data that’s being collected about you. At
unreadable form to prevent unauthorized access, and it is what work, for instance, you basically have no rights.
has given people confidence to do online shopping and banking. Government & Cyber spying
Encryption is clearly useful for some organizations, especially • Governments at all levels spy on their citizens, sometimes
those concerned with trade secrets, military matters, and other encouraged by the law, sometimes in spite of the law, often
sensitive data. unknown to us.
• Local police, national ID cards, National Security Agency
(NSA), FBI, drones, and so on
Spying, Hacking, & Cyberwarfare by Foreign Governments
Protection of Software & Data & Groups
What are three ways that organizations can protect • The world is so interconnected that it is a constant struggle for
software and data? technology managers to keep us secure against cyber invasions
Organizations go to tremendous lengths to protect their of all sorts.
programs and data. As might be expected, this includes • Governments get involved in cyberwarfare —warfare involving
educating employees about making backup disks, protecting computers and the Internet in which one nation attacks another’s
against viruses, and so on. Other security procedures include information systems.
the following: CHAPTER SUMMARY
CONTROL OF ACCESS • Threats to computers and communication systems
Access to online files is restricted to those who have a includes errors and accidents, natural hazards,
legitimate right to access—because they need them to do their computer crimes and computer criminals.
jobs. Many organizations have a system of transaction logs for • • The five components of security to protect computer
recording all accesses or attempted accesses to data. and communications are the deterrents to computer
AUDIT CONTROLS crime, identification and access, encryption, protection
Many networks have audit controls for tracking which of software and data and disaster-recovery plans.
programs and servers were used, which files opened, and so on.
• • Data collectors and spies in our society include
This creates an audit trail, a record of how a transaction was
business organizations, governments and foreign
handled from input through processing and output.
governments and criminal groups.
PEOPLE CONTROLS
MODULE 7
Because people are the greatest threat to a computer
DATABASE CONCEPTS
system, security precautions begin with the screening of job
A database is a collection of related information
applicants. Résumés are checked to see if people did what they
organized in a manner that provides for rapid search a retrieval.
said they did. Another control is to separate employee functions,
A database management system (DBMS) is a software program
so that people are not allowed to wander freely into areas not
that is used to create, maintain and provide controlled access to
essential to their jobs. Manual and automated controls—input
data. A database and spreadsheet are somewhat similar. Like
controls, processing controls, and output controls—are used to
spreadsheets, data base tables are composed of rows and
check if data is handled accurately and completely during the
columns. Both programs enable you to organize, sort and
processing cycle. Printouts, printer ribbons, and other waste that
calculate the data. A database however, provides additional
may reveal passwords and trade secrets to outsiders are
comprehensive functions for manipulating data. This lesson
disposed of through shredders or locked trash barrels.
introduces you to some of the basic features for entering,
4. DISASTER-RECOVERY PLANS
organizing and reporting data in Microsoft Access, a powerful
A disaster-recovery plan is a method of restoring
program that offers many features. As you continue learn and
information-processing operations that have been halted by
use MS Access, you will have the building blocks you need for
destruction or accident.
using this software for more advanced applications.
Mainframe computer systems are operated in separate
Database Structure
departments by professionals, who tend to have disaster plans.
A table is composed of columns and rows, referred to
Whereas mainframes are usually backed up, many personal
as fields and records in Access. The image below shows a
computers, and even entire local area networks, are not, with
sample database table for customers of the Flower Store. The
potentially disastrous consequences. It has been reported that,
Flower Store provides wholesale products to florists, so its
on average, a company loses as much as 3% of its gross sales
customers are small flower shops.
within 8 days of a sustained computer outage. A disaster-
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Following is a description of the three table
components identified in the above image:
The rows in the table are called records. Each record
is a group of related fields, such as all of the information
regarding each member in a membership database or each
customer in a customer table.
The columns in the table are called fields. Each field
contains a specific piece of information within a record within a
record. In the image, for example, the Phone Number field
contains the customer’s phone number.
The primary key, which is assigned to a field, uniquely
identifies each record in a table. It tells the database program
how your records will be sorted, and it prevents duplicate
entries. In the image, the primary key is the Contact ID field.
When you start Access, the window you see is similar
to other Microsoft Office applications in several ways – it
displays a title bar, the Ribbon and a status bar. Unlike Word,
Excel and Powerpoint, however, Access does not have a
standard document view with the database. Furthermore, many
of the Ribbon buttons are unique to Access.
Using the data stored in the table, you can use Access
to create the following objects: queries, forms and reports. A
query asks a question about the data stored in the table. The
database program searches for and retrieves information from a
table or tables to answer the questions. You use forms to enter
data into a table a report to print selected data. All of these
objects – tables, forms, queries and reports – are stored in a
View is where we build the structure of that database object. The
single file, which is the database.
data view shows the output of the data and is different for each
EXPLORE MS ACCESS ENVIRONMENT
object. Tables and Queries have a Datasheet View, Forms have
a Form View, and Reports have a Report View, or a Print
Preview view. Each kind of object has its own purpose.
Tables
Tables store data. The Tables are the true 'database'
(base of data). These need to be created and properly linked
(related) in order to effectively use the other Access tools.
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Tables are the core of your database, everything else in Access Understanding Views:
depends on the Tables. There are multiple ways to view a database object.
The Design View of a Table allows you to create and The two views for tables are Design View and Datasheet View.
modify: ‐ • Design View is used to set the data types, insert or delete
-Field Names (the column headings) fields, and set the Primary Key
‐ The type of data stored in a field (Data • Datasheet View is used to enter and view the data for the
Type). records
Reports Switching Between Design View and Datasheet View:
Reports are designed to create an organized output of Click the View arrow on the Home tab and click on
data from your database. With a Report, you can group and either Datasheet View or Design View
summarize information. You can't edit the data in a Report, but
if you make the modifications in the Table, Query, or Form you
will see the results when you open the Report again. Reports
have four basic views: Report View, Print Preview, Layout View,
and Design View
MANAGING
DATA IN A Creating a Table:
TABLE A table is a collection of data about a specific topic,
The Navigation such as employee information, products or customers. The first
Pane: step in creating a table is entering the fields and data types. This
The Navigation Pane is a list containing every object can be done in either Datasheet View or Design View but it is
in your database. For easier viewing, the objects are organized recommended to set up the table in Design View.
into groups by type. You can open, rename, and delete objects
using the Navigation Pane.
To Minimize and Maximize the Navigation Pane:
Click the double arrow in the upper-right corner of the
Navigation Pane to minimize and maximize.
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6. Click Next for additional screens on which you can set 5. Repeat steps 3 and 4 until all tables are added
options for the input mask 6. Close the Show Table window
7. Click Finish on the last screen of the input mask wizard The table(s) will now be displayed in the upper part of
To Save the Table: the Query Design Screen by boxes containing the
1. Click the Save icon on the toolbar tables’ fields
2. Enter a name for the table if you haven’t done so already 7. Double-click on the field names in the field list window which
3. Click OK you would like to include in the query
Entering Data in a Table:
1. In Datasheet View, start typing the data into the table by Sample Query
pressing the tab key to move to the next cell
2. When you have completed the record (row), press Enter
3. You can also click on the New record icon on the Home tab
in the Records group
Navigating in a Table:
Use the arrows at the bottom of the table to navigate
among records.
Sorting Records in a Table:
1. Position your cursor in the field that you wish to sort
Defining Criteria in the Query:
by clicking on any record in the table
In order to control which records are displayed, you
2. Click either the Sort Ascending or Sort Descending
icon on the Home tab in the Sort & Filter group must define criteria in a query. The most common type of query
is the Select Records query which will be discussed below.
To Define Criteria for Your Query:
1. Position your cursor in the criteria row in the field for which
CREATE FORM AND REPORT
Creating a Form: you wish to define the criteria for
A form is a database object that is used to enter or 2. Type the criteria Example: To find all Excel courses:
3. Position your cursor in the criteria row of the Course ID field
display data in a database. To Create a Form:
4. Type Excel (Access adds the quote marks to the criteria
1. Open the table or query on which you are basing the form
2. Click on the Create tab automatically when you tab to the next column)
3. Click on Form in the Forms group 5. Click the Run Query button
A form is created and opens in Layout View.
To Save the Query:
Sample Form
1. Click the Save icon
2. Enter a name for the query
3. Click OK
CHAPTER SUMMARY
• A database is a collection of related information
organized in a manner that provides for rapid search a
retrieval. A database management system (DBMS) is
a software program that is used to create, maintain and
provide controlled access to data.
• • Microsoft Access is a "relational" database
Reports: application. Relational means we can link together sets
Reports can be based on tables or queries. To Create of data, we can relate the data.
a Report: • • Basic Access Objects Access consists of four main
1. Open the table or query on which you are basing the report database objects: Tables, Queries, Forms, and
2. Click on the Create tab Reports. Each object has at least two views, Design
3. Click on Report in the Reports group and "Data".
A report is created in Layout View. MODULE 8
Sample Report AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
(Republic Act No. 10175)
PRELIMINARY PROVISIONS
Title. – This Act shall be known as the “Cybercrime Prevention
Act of 2012.”
Printing Reports: Declaration of Policy. – The State recognizes the vital role of
To Print a Report: information and communications industries such as content
1. Switch to Print Preview from View on the Design tab under production, telecommunications, broadcasting, electronic
Report Layout Tools commerce, and data processing, in the nation’s overall social
2. Click the Print icon and economic development. The State also recognizes the
3. Click on OK importance of providing an environment conducive to the
development, acceleration, and rational application and
Different Views: exploitation of information and communications technology to
Print Preview – allows you see what the report would look like attain free, easy, and intelligible access to exchange and/or
on a printed piece of paper delivery of information; and the need to protect and safeguard
Report View – allows you to see the data without having to the integrity of computer, computer and communications
display it in systems, networks, and databases, and the confidentiality,
Print Preview Layout View – allows you make design changes integrity, and availability of information and data stored therein,
while browsing your data from all forms of misuse, abuse, and illegal access by making
Design View - gives you a more detailed view of the structure punishable under the law such conduct or conducts. In this light,
of your report the State shall adopt sufficient powers to effectively prevent and
QUERY combat such offenses by facilitating their detection,
Queries: You use queries to view, change, and analyze data in investigation, and prosecution at both the domestic and
different ways. You can also use them as a source of records for international levels, and by providing arrangements for fast and
forms and reports. To Create a Query: reliable international cooperation.
1. Click on the Create tab PROHIBITED ACTS
2. Click on Query Design in the Queries group Cybercrime Offenses. – The following acts constitute the
3. Select the table that you would like to base your query on offense of cybercrime punishable under this Act:
4. Click Add A. Offenses against the confidentiality, integrity and
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availability of computer data and systems: Any person found guilty of any of this punishable
1. Illegal Access - The intentional access to the whole or any offense shall be punished with imprisonment of prision
part of a computer system without right. mayor or a fine of at least Five Hundred Thousand
2. Illegal Interception - The intentional interception made by Pesos (Php500,000.00) but not exceeding One Million
technical means without right of any non-public transmission of Pesos (Php1,000,000.00) or both.
computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying Provided, that any person found guilty of committing
such computer data; Provided, however, That it shall not be this punishable offense against three (3) or more
unlawful for an officer, employee, or agent of a service provider, persons, individually or collectively, shall be punished
whose facilities are used in the transmission of communications, with imprisonment one degree higher than that of the
to intercept, disclose, or use that communication in the normal prescribed penalty for the offense or a fine of more than
course of his employment while engaged in any activity that is One Million Pesos (Php1,000,000.00) but not
necessary to the rendition of his service or to the protection of exceeding Two Million Pesos (Php2,000,000.00) or
the rights or property of the service provider, except that the both.
latter shall not utilize service observing or random monitoring
except for mechanical or service control quality checks. 2. Unsolicited Commercial Communications - The
3. Data interference - the intentional or reckless alteration of transmission of commercial electronic communication
computer data without right. with the use of computer system which seek to
4.System Interference - the intentional or reckless hindering advertise, sell, or offer for sale products and services
without right of the functioning of a computer system by are prohibited unless: a. There is a prior affirmative
inputting, transmitting, deleting or altering computer data or consent from the recipient; or b. The following
program. conditions are present:
5. Misuse of Devices –
a. The use, production, sale, procurement, importation, i. The commercial electronic communication
distribution, or otherwise making available, without right, of: contains a simple, valid, and reliable way for the
i. a device, including a computer program, designed or recipient to reject receipt of further commercial
adapted primarily for the purpose of committing any of the electronic messages (‘opt-out’) from the same
offenses under this Act; or source;
ii. a computer password, access code, or similar data ii. The commercial electronic communication does
by which the whole or any part of a computer system is capable not purposely disguise the source of the electronic
of being accessed with intent that it be used for the purpose of message; and
committing any of the offenses under this Act. iii. iii. The commercial electronic communication does
b. The possession of an item referred to in paragraphs 5(a) (i) not purposely include misleading information in
or (ii) above with intent to use said devices for the purpose of any part of the message in order to induce the
committing any of the offenses under this Section. recipients to read the message.
Provided, That no criminal liability shall attach when the use, Any person found guilty of any of this punishable offense shall
production, sale, procurement, importation, distribution, or be punished with a fine of at least Fifty Thousand Pesos
otherwise making available, or possession of computer (Php50,000.00) but not exceeding Two Hundred Fifty Thousand
devices/data referred to is for the authorized testing of a Pesos (Php250,000.00) for each transmission.
computer system. Any person found guilty of any of the IMPLEMENTING AGENCIES
punishable acts enumerated in Section 4A of this Act shall be Law Enforcement Authorities. – There is created a Cybercrime
punished with imprisonment of prision mayor or a fine of at least Center in the Philippine National Police (PNP), a Cybercrime
Two Hundred Thousand Pesos (Php200, 000.00) up to a Division in the National Bureau of Investigation (NBI) and an
maximum amount commensurate to the damage incurred or Office of Cybercrime in the Department of Justice (DOJ) to
both. implement the provisions of this Act. The specialized units shall
B. Computer-related Offenses: be adequately resourced and staffed with cyber-trained
1. Computer-related Forgery – personnel.
a. the intentional input, alteration, or deletion of any Powers and Functions. – The PNP Cybercrime Center and NBI
computer data without right resulting in inauthentic Cybercrime Division shall have the following powers and
data with the intent that it be considered or acted upon functions
for legal purposes as if it were authentic, regardless a. To investigate all cybercrimes where computer
whether or not the data is directly readable and systems are involved;
intelligible; b. To conduct data recovery and forensic analysis on
b. the act of knowingly using computer data which is computer systems and other electronic evidence
the product of computer-related forgery as defined seized as provided under Chapter IV of this Act;
herein, for the purpose of perpetuating a fraudulent or c. To formulate guidelines in investigation, forensic
dishonest design. evidence recovery, and forensic data analysis
2. Computer-related Fraud – the intentional and unauthorized consistent with industry standard practices;
input, alteration, or deletion of computer data or program or d. To provide technological support to investigate units
interference in the functioning of a computer system, causing within the PNP and NBI including the search, seizure,
damage thereby, with the intent of procuring an economic evidence preservation, forensic recovery of data from
benefit for oneself or for another person or for the perpetuation crime scenes and systems used in crimes and to
of 6 a fraudulent or dishonest activity; Provided, that if no provide testimonies;
damage has yet been caused, the penalty imposable shall be e. To develop public, private sector, and law enforcement
one degree lower. agency relations in addressing cybercrimes;
3. Computer-related Identity Theft – the intentional f. To maintain necessary and relevant databases for
acquisition, use, misuse, transfer, possession, alteration or statistical and/or monitoring purposes; and
deletion of identifying information belonging to another, whether g. To develop capacity within their organizations in order
natural or juridical, without right; Provided, that if no damage has to perform such duties necessary for the enforcement
yet been caused, the penalty imposable shall be one degree of this act.
lower.
Any person found guilty of any of the punishable acts The DOJ Office of Cybercrime shall have the following powers
enumerated in Section 4B of this Act shall be punished with and functions:
imprisonment of prision mayor or a fine of at least Two Hundred a. To act as a central authority for all requests for
Thousand Pesos (Php200, 000.00) up to a maximum amount assistance for investigation or proceedings concerning
commensurate to the damage incurred or both. criminal offenses, facilitate the provisions of legal or
C. Content-related Offenses: technical advice, preservation and production of data,
1. Cybersex – Any person who knowingly undertakes, collection of evidence, giving legal information and
organizes or facilitates directly or indirectly, any locating suspects;
operation for the lascivious exhibition of sexual organs b. To act on complaints/referrals of cybercrime offenses
or for sexual activity with the aid of or through the use and other violations of this Act;
of a computer system, for a favor or consideration. c. To issue preservation and production orders
addressed to service providers, subpoena duces
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tecum, subpoena ad testificandum and summon Restricting or Blocking Access to Computer Data. – When a
witnesses to appear in any investigation or computer data is prima facie found to be violative of the
proceedings for cybercrime offenses; provisions of this Act, the central authority shall issue an order
d. To cause the filing of complaints for the prosecution of to restrict or block access to such computer data.
cybercrime offenses; Non-compliance. – Failure to comply with the provisions of
e. To punish any person who fails to comply with the Chapter IV shall be punished as a violation of P.D. No. 1829 with
orders under Chapter IV of this Act, for direct and imprisonment of prision correccional in its maximum period or a
indirect contempt; fine of One Hundred Thousand Pesos (Php100,000.00) or both,
f. To request the different government agencies for for each and every non-compliance with such an order
assistance in obtaining information necessary for the
proper discharge of its responsibilities under this Act, INTERNATIONAL COOPERATION
and examine, if necessary, the pertinent records and
documents in the possession of such government
agency; General Principles Relating to International Cooperation —
g. To require the PNP Cybercrime Center and the NBI All relevant international instruments on international
Cybercrime Division to submit timely and regular cooperation in criminal matters, arrangements agreed on the
reports including pre-operation, post-operation and basis of uniform or reciprocal legislation, and domestic laws, to
investigation results and such other documents for the widest extent possible for the purposes of investigations or
review and monitoring; proceedings concerning criminal offenses related to computer
h. To facilitate international cooperation on intelligence, systems and data, or for the collection of evidence in electronic
investigations, training and capacity building related to form of a criminal, offense shall be given full force and effect.
cybercrime prevention, suppression and prosecution;
and COMPETENT AUTHORITIES
i. To perform such other functions as it may deem
appropriate and necessary for the proper enforcement Department of Justice (DOJ). — There is hereby created an
of this Act. Office of Cybercrime within the DOJ designated as the central
j. authority in all matters related to international mutual assistance
Information and Communications Technology Office. – The and extradition.
Information and Communications Technology Office (ICTO)
shall be responsible for formulating and implementing a national
cyber security plan and extending immediate assistance for the Cybercrime Investigation and Coordinating Center.
suppression of real-time commission of cybercrime offenses — There is hereby created, within thirty (30) days from the
through a computer emergency response team (CERT). effectivity of this Act, an inter-agency body to be known as the
Cybercrime Courts. – There shall be designated special courts Cybercrime Investigation and Coordinating Center (CICC),
manned by cyber-trained judges to handle cybercrime cases. under the administrative supervision of the Office of the
Preservation of Computer Data. – The integrity of traffic data President, for policy coordination among concerned agencies
and subscriber information relating to communication services and for the formulation and enforcement of the national
provided by a service provider shall be preserved for a minimum cybersecurity plan.
period of six (6) months from the date of the transaction. Content
data shall be similarly preserved for six (6) months from the date Composition. — The CICC shall be headed by the Executive
of receipt of the order from the central authority requiring its Director of the Information and Communications Technology
preservation. Office under the Department of Science and Technology (ICTO-
The central authority may order a one-time extension for another DOST) as Chairperson with the Director of the NBI as Vice
six (6) months provided that once computer data preserved, Chairperson; the Chief of the PNP; Head of the DOJ Office of
transmitted or stored by a service provider is used as evidence Cybercrime; and one (1) representative from the private sector
in a case, the service provider shall transmit and endorse the and academe, as members. The CICC shall be manned by a
computer data to central authority. secretariat of selected existing personnel and representatives
The service provider ordered to preserve computer data shall from the different participating agencies.
keep confidential the order and its compliance.
FINAL PROVISIONS
Disclosure of Computer Data. – The central authority shall
issue an order requiring any person or service provider to
disclose or submit subscriber’s information, traffic data or Waiver of Bank Secrecy. – Any investigation of cybercrime
relevant data in his/its possession or control within seventy two offenses under this Act that necessarily includes an inquiry to
(72) hours from receipt of the order in relation to a valid any particular deposit or investment with any banking institution
complaint officially docketed and assigned for investigation and or non-bank financial institution shall be considered as an
the disclosure is necessary and relevant for the purpose of exception to the absolute confidential nature of all deposits
investigation. provided under R.A. No. 1405.
Search, Seizure and Examination of Computer Data. –
Where a search and seizure warrant is properly issued, the law TEN COMMANDMENTS OF COMPUTER ETHICS
enforcement authorities shall likewise have the following powers The Ten Commandments of Computer Ethics were created
and duties: Within the time period specified in the warrant, to in 1992 by the Computer Ethics Institute. The commandments
conduct interception, as defined in this Act, content of were introduced in the paper "In Pursuit of a 'Ten
communications, procure the content of data either directly, Commandments' for Computer Ethics" by Ramon C. Barquin as
through access and use of computer system, or indirectly, a means to create "a set of standards to guide and instruct
through the use of electronic tapping devices, in real time or at people in the ethical use of computers." They followInternet
the same time that the communication is occurring and: Advisory Board's memo on ethics from 1987. The Ten
a. To secure a computer system or a computer data Commandments of Computer Ethics copies the archaic style of
storage medium; the Ten Commandments from the King James Bible.
b. To make and retain a copy of those computer data
secured; The commandments have been widely quoted in
c. To maintain the integrity of the relevant stored computer ethics literature but also have been criticized by both
computer data; the hacker community and some in academia. For instance, Dr.
d. To conduct examination of the computer data storage Ben Fairweather of the "Centre for Computing and Social
medium; and Responsibility" has described them as "simplistic" and overly
e. To render inaccessible or remove those computer data restrictive.
in the accessed computer or computer and
communications network.
Law enforcement authorities may request for an extension of
time to complete the examination of the computer data storage
medium and to make a return thereon but in no case for a period
longer than thirty (30) days from date of approval by the court.
8
The CISSP — an organization of computer security funds is a type of fraud. With the use of technology,
professionals — has used the commandments as a foundation stealing of information is much easier. Computers can
for its own ethics rules. be used to store stolen information.
Examples: Taking someone's personal information or
idea to use without any approval
• Commandment 5
Simply put: Do not contribute to the spread of
misinformation using computer technology.
Explanation: Spread of information has become viral
today, because of the Internet. This also means that
false news or rumors can spread speedily through
social networking sites or emails. Being involved in the
circulation of incorrect information is unethical. Mails
and pop-ups are commonly used to spread the wrong
information or give false alerts with the only intent of
selling products. Mails from untrusted sources
advertising certain products or spreading some hard-
to-believe information, are not uncommon. Direct or
indirect involvement in the circulation of false
information is ethically wrong. Giving wrong
Commandment 1 information can hurt other parties or organizations that
Simply put: Do not use the computer in ways that may are affected on that particular theme.
harm other people. Examples: Posting something like "He or she did ...."
Explanation: This commandment says that it is without any proves
unethical to use a computer to harm another user. It is • Commandment 6
not limited to physical injury. It includes harming or Simply put: Refrain from copying software or buying
corrupting other users' data or files. The pirated copies. Pay for software unless it is free.
commandment states that it is wrong to use a computer Explanation: Like any other artistic or literary work,
to steal someone's personal information. Manipulating software is copyrighted. A piece of code is the original
or destroying files of other users is ethically wrong. It is work of the individual who created it. It is copyrighted
unethical to write programs, which on execution lead to in his name. In case of a developer writing software for
stealing, copying or gaining unauthorized access to the organization he works for, the organization holds
other users' data. Being involved in practices like the copyright for it. Copyright holds true unless its
hacking, spamming, phishing or cyber bullying does creators announce it is not. Obtaining illegal copies of
not conform to computer ethics. copyrighted software is unethical. It is not easy to do
Examples: Sending virus in order to hack personal such things and in the end it will just be copied illegally.
information and exposing to the others. Examples: Cracking demo program and using it
• Commandment 2 forever
Simply put: Do not use computer technology to cause • Commandment 7
interference in other users' work. Simply put: Do not use someone else's computer
Explanation: Computer software can be used in ways resources unless authorized to.
that disturb other users or disrupt their work. Viruses, Explanation: Multi-user systems have user specific
for example, are programs meant to harm useful passwords. Breaking into some other user's password,
computer programs or interfere with the normal thus intruding his private space is unethical. It is not
functioning of a computer. Malicious software can ethical to hack passwords for gaining unauthorized
disrupt the functioning of computers in more ways than access to a password-protected computer system.
one. It may overload computer memory through Accessing data that you are not authorized to access
excessive consumption of computer resources, thus or gaining access to another user's computer without
slowing its functioning. It may cause a computer to his permission is not ethical. Privacy will always be
function wrongly or even stop working. Using malicious applied to such resources and were not supposed to
software to attack a computer is unethical. get exposed and hack in such ways that is not yours.
Examples: Deleting friend's essay document and Examples: Using site's information and publishing a
saying I was just playing. book without the source to earn benefit
• Commandment 3 • Commandment 8
Simply put: Do not spy on another person's computer Simply put: It is wrong to claim ownership on a work
data. which is the output of someone else's intellect.
Explanation: We know it is wrong to read someone's Explanation: Programs developed by a software
personal letters. On the same lines, it is wrong to read developer are his/her property. If he is working with an
someone else's email messages or files. Obtaining organization, they are the organization's property.
data from another person's private files is nothing less Copying them and propagating them in one's own
than breaking into someone's room. Snooping around name is unethical. This applies to any creative work,
in another person's files or reading someone else's program or design. Establishing ownership on a work
personal messages is the invasion of his privacy. There which is not yours is ethically wrong. Originality of any
are exceptions to this. For example, spying is software/programs are to be keep safe and trying to
necessary and cannot be called unethical when it is claim ownership will cause a viral disputes.
done against illegitimate use of computers. For Examples: Posting New movie that just came out on
example, intelligence agencies working on cybercrime Youtube
cases need to spy on the internet activity of suspects.
Examples: Look for students' grades from the teachers' • Commandment 9
computers Simply put: Before developing a software, think about
the social impact it can have.
• Commandment 4 Explanation: Looking at the social consequences that
Simply put: Do not use computer technology to steal a program can have, describes a broader perspective
information. of looking at technology. A computer software on
Explanation: Stealing sensitive information or leaking release, reaches millions. Software like video games
confidential information is as good as robbery. It is and animations or educational software can have a
wrong to acquire personal information of employees social impact on their users. When working on
from an employee database or patient history from a animation films or designing video games, for example,
hospital database or other such information that is it is the programmer's responsibility to understand his
meant to be confidential. Similarly, breaking into a bank target audience/users and the effect it may have on
account to collect information about the account or them. For example, a computer game for kids should
account holder is wrong. Illegal electronic transfer of not have content that can influence them negatively.
9
Similarly, writing malicious software is ethically wrong. The Intellectual Property Code of the Philippines is
A software developer/development firm should divided into five [5] parts, to wit:
consider the influence their code can have on the
society at large. PART I - The Intellectual Property Office
Examples: Making program that can spy on other PART II - The Law on Patents
people's computer PART III - The Law on Trademarks, Service
• Commandment 10 Marks and Trade Names
Simply put: In using computers for communication, be PART IV - The Law on Copyright
respectful and courteous with the fellow members. PART V - Final Provisions
Explanation: The communication etiquette we follow in Government Agencies:
the real world applies to communication over
computers as well. While communicating over the The agency of the government in charge of the
Internet, one should treat others with respect. One implementation of the Intellectual Property Code is the
should not intrude others' private space, use abusive Intellectual Property Office which replaced the Bureau
language, make false statements or pass irresponsible of Patents, Trademarks and Technology Transfer. It is
remarks about others. One should be courteous while divided into six [6] Bureaus, namely:
communicating over the web and should respect
others' time and resources. Also, one should be
considerate with a novice computer user. [1] Bureau of Patents;
[2] Bureau of Trademarks;
Examples: Chatting with someone using curse words [3] Bureau of Legal Affairs;
Republic Act No. 8293 [An Act Prescribing the Intellectual [4] Documentation, Information and Technology
Property Code and Establishing the Intellectual Property Transfer Bureau;
Office, Providing for Its Powers and Functions, and for [5] Management Information System and EDP
Other Purposes]otherwise known as the Intellectual Bureau; and
Property Code of the Philippines. [6] Administrative, Financial and Personnel
Intellectual Property (IP) Services Bureau
Philippine Definition: Intellectual Property is an intangible POWERS AND FUNCTIONS OF THE INTELLECTUAL
asset that can be protected from theft or unauthorized use. Any PROPERTY OFFICE FROM SEC. 5 OF THE INTELLECTUAL
person can own IP and have the right to sell or give it to others. PROPERTY LAW (RA 8293) AS AMENDED:
American Definition: Intellectual property is a property right Section 5. Functions of the Intellectual Property Office (IPO).
that can be protected under federal and state law, including - 5.1. To administer and implement the State policies declared
copyrightable works, ideas, discoveries, and inventions. The in this Act, there is hereby created the Intellectual Property
term intellectual property relates to intangible property such as Office (IPO) which shall have the following functions:
patents, trademarks, copyrights, and trade secrets. Thus, in a) Examine applications for grant of letters patent for inventions
today's legal marketplace most registered patent attorneys hold and register utility models and industrial designs;
themselves out as intellectual property law attorneys, as b) Examine applications for the registration of marks, geographic
opposed to merely a patent attorney. indication, integrated circuits;
c) Register technology transfer arrangements and settle
State policy declaration: disputes involving technology transfer payments covered by the
provisions of Part II, Chapter IX on Voluntary Licensing and
The State recognizes that an effective intellectual and develop and implement strategies to promote and facilitate
industrial property system is vital to the development of technology transfer;
domestic and creative activity, facilitates transfer of d) Promote the use of patent information as a tool for technology
technology, attracts foreign investments, and ensures development;
market access for our products. It shall protect and e) Publish regularly in its own publication the patents, marks,
secure the exclusive rights of scientists, inventors, utility models and industrial designs, issued and approved, and
artists and other gifted citizens to their intellectual the technology transfer arrangements registered;
property and creations, particularly when beneficial to f) Administratively adjudicate contested proceedings affecting
the people, for such periods as provided in this Act. intellectual property rights; and
g) Coordinate with other government agencies and the private
sector efforts to formulate and implement plans and policies to
The use of intellectual property bears a social strengthen the protection of intellectual property rights in the
function. To this end, the State shall promote the country.
diffusion of knowledge and information for the 5.2. The Office shall have custody of all records, books,
promotion of national development and progress and drawings, specifications, documents, and other papers and
the common good. things relating to intellectual property rights applications filed
with the Office. (n)
It is also the policy of the State to streamline DIFFERENT RIGHTS PROTECTED BY THE INTELLECTUAL
administrative procedures of registering patents, PROPERTY OFFICE FROM SEC. 4.1 OF THE
trademarks and copyright, to liberalize the registration INTELLECTUAL PROPERTY LAW (RA 8293) AS
on the transfer of technology, and to enhance the AMENDED: The term "intellectual property rights" consists of:
enforcement of intellectual property rights in the a) Copyright and Related Rights; Copyright relates to literary
Philippines. and artistic creations, such as books, music, paintings and
Effect on international conventions and on principle sculptures, films and technology-based works (such as
of reciprocity: computer programs and electronic databases). In certain
languages, copyright is referred to as authors’ rights. Although
Any person who is a national or who is domiciled or has international law has brought about some convergence, this
a real and effective industrial establishment in a distinction reflects an historic difference in the evolution of these
country which is a party to any convention, treaty or rights that is still reflected in many copyright systems. The
agreement relating to intellectual property rights or the expression copyright refers to the act of copying an original work
repression of unfair competition, to which the which, in respect of literary and artistic creations, may be done
Philippines is also a party, or extends reciprocal rights only by the author or with the author’s permission. Related
to nationals of the Philippines by law, shall be entitled rights, also referred to as neighboring rights, protect the legal
to benefits to the extent necessary to give effect to any interests of certain persons and legal entities that contribute to
provision of such convention, treaty or reciprocal law, making works available to the public or that produce subject
in addition to the rights to which any owner of an matter which, while not qualifying as works under the copyright
intellectual property right is otherwise entitled by this systems of all countries, contains sufficient creativity or technical
Act. and organizational skill to justify recognition of a copyright-like
Parts of the law: property right. The law of related rights deems that the
productions that result from the activities of such persons and
entities merit legal protection as they are related to the
protection of works of authorship under copyright. Some laws
10
make clear, however, that the exercise of related rights should 5. Under the old law, there was no opposition
leave intact, and in no way affect, the protection of copyright. proceedings and the examination is mandatory; under
b) Trademarks and Service Marks; A trademark is a tool used the new law, the examination is made only upon
that differentiates goods and services from each other. It is a request [possibly with or without examination].
very important marketing tool that makes the public identify 6. Under the old law, publication is made after the
goods and services. A trademark can be one word, a group of grant; under the new law, publication is effected after
words, sign, symbol, logo, or a combination of any of these. 18 months from filing date or priority date.
Generally, a trademark refers to both trademark and service 7. Under the old law, the penalties for repetition of
mark, although a service mark is used to identify those marks infringement are: PhP10,000 and/or 5 years of
used for services only. Trademark is a very effective tool that imprisonment and the offense prescribes in 2 years;
makes the public remember the quality of goods and services. under the present law, the penalties range from
Once a trademark becomes known, the public will keep on PhP100,000 to PhP300,000 and/or 6 months to 3 years
patronizing the products and services. If utilized properly, a of imprisonment and the offense prescribes in 3 years.
trademark can become the most valuable business asset of an Significant changes in the trademark law:
enterprise. In addition to making goods and services distinctive, The significant changes in the trademark law under
the owner of a mark may earn revenues from the use of the mark the old law [R. A. No. 166] and the present law are as
by licensing its use by another or though franchising follows:
agreements. One can be an owner of a trademark or service 1. Under the former, the element of use before
mark, whether or not it is registered. This is common law filing a local application is a requirement although this
protection. Registration is proof of ownership and makes is not required when the application is based on foreign
ownership rights easier to enforce. The basic question in registration; while under the latter, the element of use
lawsuits over marks is whether or not the general public is likely has been eliminated as a requirement for application.
to be confused as to the origin of the service or product. 2. Under the former, the term granted is 20 years
c) Geographic Indications; Indications which identify a good renewable for 20-year periods; while under the latter,
as originating in the territory of a Member, or a region or locality the term is for 10 years, renewable for 10-year periods.
in that territory, where a given quality, reputation or other 3. Under the former, the affidavit of use or non-use
characteristic of the good is essentially attributable to its is required on the 5th, 10th and 15th anniversaries;
geographic origin. Geographical indications are quality while under the latter, proof of use within 3 years from
indicators, are widely used by producers, distributors and the filing of the application is required and the affidavit
retailers as an advertising or promotional tool to attract of use should be filed within 1 year from the 5th
consumers and investors. anniversary.
d) Industrial Designs; The industrial design as any composition 4. Under the former, a Supplemental Register is
of lines or colors or any three-dimensional form, whether or not required to be maintained; while under the latter, it is
associated with lines or colors; provided that such composition no longer required.
or form gives a special appearance to and can serve as pattern 5. Under the former law, penalties for
for an industrial product or handicraft. Simply put, it is that aspect infringement, unfair competition, false designation of
of a useful article which is ornamental or aesthetic. origin and false description or representation range
Generally, industrial designs are important for handicrafts, from fine of PhP500 to PhP2,000 and/or 6 months to 3
jewelry, mobile phones, packaging materials, furniture, electrical years and 4 months of imprisonment; while under the
appliances, accessories, boxes, architectural structures and latter law, the penalties range from fine of PhP50,000
other products. It is important to protect an industrial design to PhP200,000 and/or 2 to 5 years of imprisonment.
because it enables the owner to prevent others from copying or
imitating the industrial design without his consent. He can also Significant changes in the copyright law:
prevent parties from importing, selling, manufacturing or making
products bearing his industrial design
e) Patents; A Patent is a grant issued by the government It is now required that after the first public dissemination of
through the Intellectual Property Office of the Philippines (IP performance by authority of the copyright owner of certain
Philippines). It is an exclusive right granted for a product, specified work, there shall, for the purpose of completing the
process or an improvement of a product or process which is records of the National Library and the Supreme Court library,
new, inventive and useful. This exclusive right gives the inventor within three (3) weeks, be registered and deposited with it, by
the right to exclude others from making, using, or selling the personal delivery or by registered mail, two (2) complete copies
product of his invention during the life of the patent. A patent has or reproductions of the work in such form as the directors of said
a term of protection of twenty (20) years providing an inventor libraries may prescribe.
significant commercial gain. In return, the patent owner must
share the full description of the invention. This information is The scheme of penalties for infringement has also been
made available to the public in the form of the Intellectual changed. From the previous fine of Php200 to Php2,000 and/or
Property Official Gazette and can be utilized as basis for future imprisonment of 1 year, the current range of penalties are as
research and will in turn promote innovation and development. follows:
f) Layout-Designs (Topographies) of Integrated Circuits; For first offenders - fine of PhP50,000 to
and Integrated Circuits are commonly known as “chips” or PhP150,000 and/or imprisonment of 1 to 3 years
“micro-chips”. They are the electronic circuits in which all the For second offenders - fine of PhP150,000 to
components (transistors, diodes and resistors) have been PhP500,000 and/or imprisonment of 3 to 6
assembled in a certain order on the surface of a thin semi- years
conductor material (usually silicon). For third and subsequent offenders - fine of
g) Protection of Undisclosed Information (n, TRIPS) This PhP500,000 to PhP1.5 Million and/or
refers to a process, formula, tool, plan, mechanism or compound imprisonment of 6 to 9 years.
that is only known by the owner or disclosed to a selected
number of employees. The trade secret is used to produce a In case of insolvency, the offender shall furthermore suffer
service or product with commercial value. subsidiary imprisonment.
Significant features of the law:
CHAPTER SUMMARY
1. A shift was made from the "first-to-invent
• (Republic Act No. 10175) or the Cybercrime
system" under R. A. 165 [old law] to "first-to-file
Prevention Act of 2012 is the law that govern
system" under the new law.
Cybercrime, Providing For The Prevention,
2. In the case of inventions, the period of the grant
Investigation, Suppression And The Imposition Of
was increased from 17 years from grant under the old
Penalties Therefor And For Other Purposes
law to 20 years from date of filing under the new law.
3. In the case of utility models, the previous grant
of 5 years plus renewals of 5 years each under the old • The Ten Commandments of Computer Ethics were
law was changed to 7 years without renewal under the created in 1992 by the Computer Ethics Institute. The
new law. commandments were introduced in the paper "In
4. In the case of industrial designs, the previous Pursuit of a 'Ten Commandments' for Computer
grant of 5 years plus renewals of 5 years each was Ethics" by Ramon C. Barquin as a means to create "a
maintained. set of standards to guide and instruct people in
11
the ethical use of computers."
12