RA 10175 or the “Cybercrime

Prevention Act of 2012"

Objectives
 Enumerate the 3 general classifications of
Cybercrimes
Outline
 General classifications of cybercrime
3 general classifications of
cybercrimes
1. Offenses against the confidentiality, integrity
and availability of computer data and
systems;
2. Computer-related Offenses; and
3. Content-related Offenses.
Offenses against the confidentiality, integrity
and availability of computer data and systems;

 Illegal Access – The access to the whole or

any part of a computer system without right;
 Illegal Interception – 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.
Offenses against the confidentiality, integrity
and availability of computer data and systems;
 Data Interference — 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 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.
Offenses against the confidentiality, integrity
and availability of computer data and systems;
 Misuse of Devices.
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or
adapted primarily for the purpose of committing any of the
offenses under this Act; or
(bb) A computer password, access code, or similar data by
which the whole or any part of a computer system is capable
of being accessed with intent that it be used for the purpose
of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa)
or (bb) above with intent to use said devices for the purpose
of committing any of the offenses under this section.
Offenses against the confidentiality, integrity
and availability of computer data and systems;

 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 a domain name is:
(i) Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate government
agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a
person other than the registrant, in case of a personal
name; and
(iii) Acquired without right or with intellectual property
interests in it.
What are the computer-related
offenses?
 Computer-related Forgery —
(i) 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 for legal purposes as if
it were authentic, regardless whether or not the
data is directly readable and intelligible; or
(ii) 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.
What are the computer-related
offenses?

• 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: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree
lower.
What are the computer-related
offenses?

• 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: Provided, That if no damage has yet
been caused, the penalty imposable shall be one (1)
degree lower.
What are the content-related
offenses?
 Cybersex — The willful engagement,
maintenance, control, or operation, directly
or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid
of a computer system, for favor or
consideration.
What are the content-related
offenses?
 Unsolicited Commercial Communications — The transmission of commercial
electronic communication with the use of computer system which seek to
advertise, sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or

administrative announcements from the sender to its existing users, subscribers
or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid,
and reliable way for the recipient to reject. receipt of further commercial
electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely
disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely
include misleading information in any part of the message in order to induce the
recipients to read the message.
What are the content-related
offenses?

 Libel — The unlawful or prohibited acts of

libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through
a computer system or any other similar
means which may be devised in the future.
Unconstitutional Provisions of the
Law
a. Section 4(c)(3) of Republic Act 10175 that
penalizes posting of unsolicited commercial
communications;

b. Section 12 that authorizes the collection or

recording of traffic data in real-time; and

c. Section 19 of the same Act that authorizes

the Department of Justice to restrict or block
access to suspected Computer Data.
Unconstitutional Provisions of the
Law
1. Online libel as to which, charging the offender under
both Section 4(c)(4) of Republic Act 10175 and Article
353 of the Revised Penal Code constitutes a violation
of the proscription against double jeopardy; as well as

2. Child pornography committed online as to which,

charging the offender under both Section 4(c)(2) of
Republic Act 10175 and Republic Act 9775 or the Anti-
Child Pornography Act of 2009 also constitutes a
violation of the same proscription, and, in respect to
these, is VOID and UNCONSTITUTIONAL (Disini v SOJ
GR No. G.R. No. 203335 February 11, 2014) .