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COMPUTER ETHICS AND THE CYBER LAW
Prepared by: Hanna P. Antonio
Computer Ethics standards of moral conduct to be followed by all of us, for using various computers.
OEthics is also required to
maintain system security. It is a set of moral principles that govern the behavior of a group or individual. It regulates the use of the computer. We must understand that unethical acts are always illegal and may cause harm to security.
OToday computer is used in
almost all fields such as education, transportation, communication, business, industry and so on. The computer has affected in both good ways and bad ways in community life, family life, human relationships, education etc. Computer ethics is a system of moral standards or values used as a guideline for
Code of Conduct of Computer Ethics
1. We must maintain the privacy and confidentially of the data and document maintained by us
2. We should not access data meant for others.
3. We must not use pirated software.
4. We should not steal or use the work done by someone else.
5. We should not make changes in data in any form without proper authorization.
6. We must not be harsh to others using the internet.
7. We must not publish unauthorized publication through internet.
Computer crime O Computer crime refers to the misuse
of computer and its resource for illegal and unauthorized work. Computer crime includes unauthorized leaking of data and information, unauthorized downloading, unauthorized malfunctioning, unauthorized publishing, hacking etc.
Some of the major computer crimes are as follows:
O Piracy O Hacking O Cyber-terrorism O Theft O Cyber Stalking
Republic Act No. 10175 O AN ACT DEFINING CYBERCRIME,
PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES O “Cybercrime Prevention Act of 2012”.
PUNISHABLE ACTS O Illegal Access –
The access to the whole or any part of a computer system without right.
O Prision mayor (imprisonment of six years
and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.————————If committed against critical infrastructure:Reclusion temporal (imprisonment for twelve years and one day up to twenty years) or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or BOTH
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.
Data Interference O 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 O 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.
Misuse of devices The unauthorized use, possession, production, sale, procurement, importation, distribution, or otherwise making available, of devices, computer program designed or adapted for the purpose of committing any of the offenses stated in Republic Act 10175.Unauthorized use of 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 Republic Act 10175.
Cyber-squatting O Acquisition of domain name over the Internet in bad faith
to profit, mislead, destroy reputation, and deprive others from the registering the same. This includes those existing trademark at the time of registration; names of persons other than the registrant; and acquired with intellectual property interests in it.Those who get domain names of prominent brands and individuals which in turn is used to damage their reputation – can be sued under this provision.Note that freedom of expression and infringement on trademarks or names of person are usually treated separately. A party can exercise freedom of expression without necessarily violating the trademarks of a brand or names of persons.
Computer-related Forgery O Unauthorized input, alteration, or
deletion of computer data resulting to 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; orThe act of knowingly using computer data which is the product of computer-related forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design.
Computer-related Fraud O 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.
O same as aboveProvided, That if no
damage has yet been caused, the penalty imposed shall be one (1) degree lower.
Computer-related Identity Theft O Unauthorized acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical.
Cybersex O 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.There is a discussion on this matter if it involves “couples” or “people in relationship” who engage in cybersex. For as long it is not done for favor or consideration, I don’t think it will be covered. However, if one party (in a couple or relationship) sues claiming to be forced to do cybersex, then it can be covered.
O Prision mayor (imprisonment of six
years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000)
Child Pornography O Unlawful or prohibited acts defined
and punishable by Republic Act No. 9775 or the AntiChild Pornography Act of 2009, committed through a computer system.
O Penalty to be imposed shall be one
(1) degree higher than that provided for in Republic Act 9775, if committed through a computer system.
Libel O 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.Revised Penal Code Art. 355 states Libel means by writings or similar means.
O — A libel committed by means of
writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.The Cybercrime Prevention Act strengthened libel in terms of
OThe electronic counterpart of
libel has been recognized since the year 2000 when the E-Commerce Law was passed. The E-Commerce Law empowered all existing laws to recognize its electronic counterpart whether commercial or not in nature.
OPenalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
Aiding or Abetting in the commission of cybercrime O Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.
O Imprisonment of one (1) degree
lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (P100,000) but not exceeding Five hundred thousand pesos (P500,000) or both.
Attempt in the commission of cybercrime O Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable
Corporate Liability. O When any of the punishable acts herein
defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on:(a) a power of representation of the juridical person provided the act committed falls within the scope of such authority;(b) an authority to take decisions on behalf of the juridical person
Prepared by: Hanna P. Antonio
Computer Ethics standards of moral conduct to be followed by all of us, for using various computers.
OEthics is also required to
maintain system security. It is a set of moral principles that govern the behavior of a group or individual. It regulates the use of the computer. We must understand that unethical acts are always illegal and may cause harm to security.
OToday computer is used in
almost all fields such as education, transportation, communication, business, industry and so on. The computer has affected in both good ways and bad ways in community life, family life, human relationships, education etc. Computer ethics is a system of moral standards or values used as a guideline for
Code of Conduct of Computer Ethics
1. We must maintain the privacy and confidentially of the data and document maintained by us
2. We should not access data meant for others.
3. We must not use pirated software.
4. We should not steal or use the work done by someone else.
5. We should not make changes in data in any form without proper authorization.
6. We must not be harsh to others using the internet.
7. We must not publish unauthorized publication through internet.
Computer crime O Computer crime refers to the misuse
of computer and its resource for illegal and unauthorized work. Computer crime includes unauthorized leaking of data and information, unauthorized downloading, unauthorized malfunctioning, unauthorized publishing, hacking etc.
Some of the major computer crimes are as follows:
O Piracy O Hacking O Cyber-terrorism O Theft O Cyber Stalking
Republic Act No. 10175 O AN ACT DEFINING CYBERCRIME,
PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES O “Cybercrime Prevention Act of 2012”.
PUNISHABLE ACTS O Illegal Access –
The access to the whole or any part of a computer system without right.
O Prision mayor (imprisonment of six years
and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or BOTH.————————If committed against critical infrastructure:Reclusion temporal (imprisonment for twelve years and one day up to twenty years) or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or BOTH
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.
Data Interference O 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 O 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.
Misuse of devices The unauthorized use, possession, production, sale, procurement, importation, distribution, or otherwise making available, of devices, computer program designed or adapted for the purpose of committing any of the offenses stated in Republic Act 10175.Unauthorized use of 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 Republic Act 10175.
Cyber-squatting O Acquisition of domain name over the Internet in bad faith
to profit, mislead, destroy reputation, and deprive others from the registering the same. This includes those existing trademark at the time of registration; names of persons other than the registrant; and acquired with intellectual property interests in it.Those who get domain names of prominent brands and individuals which in turn is used to damage their reputation – can be sued under this provision.Note that freedom of expression and infringement on trademarks or names of person are usually treated separately. A party can exercise freedom of expression without necessarily violating the trademarks of a brand or names of persons.
Computer-related Forgery O Unauthorized input, alteration, or
deletion of computer data resulting to 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; orThe act of knowingly using computer data which is the product of computer-related forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design.
Computer-related Fraud O 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.
O same as aboveProvided, That if no
damage has yet been caused, the penalty imposed shall be one (1) degree lower.
Computer-related Identity Theft O Unauthorized acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical.
Cybersex O 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.There is a discussion on this matter if it involves “couples” or “people in relationship” who engage in cybersex. For as long it is not done for favor or consideration, I don’t think it will be covered. However, if one party (in a couple or relationship) sues claiming to be forced to do cybersex, then it can be covered.
O Prision mayor (imprisonment of six
years and 1 day up to 12 years) or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000)
Child Pornography O Unlawful or prohibited acts defined
and punishable by Republic Act No. 9775 or the AntiChild Pornography Act of 2009, committed through a computer system.
O Penalty to be imposed shall be one
(1) degree higher than that provided for in Republic Act 9775, if committed through a computer system.
Libel O 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.Revised Penal Code Art. 355 states Libel means by writings or similar means.
O — A libel committed by means of
writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.The Cybercrime Prevention Act strengthened libel in terms of
OThe electronic counterpart of
libel has been recognized since the year 2000 when the E-Commerce Law was passed. The E-Commerce Law empowered all existing laws to recognize its electronic counterpart whether commercial or not in nature.
OPenalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
Aiding or Abetting in the commission of cybercrime O Any person who willfully abets or
aids in the commission of any of the offenses enumerated in this Act shall be held liable.
O Imprisonment of one (1) degree
lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (P100,000) but not exceeding Five hundred thousand pesos (P500,000) or both.
Attempt in the commission of cybercrime O Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable
Corporate Liability. O When any of the punishable acts herein
defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on:(a) a power of representation of the juridical person provided the act committed falls within the scope of such authority;(b) an authority to take decisions on behalf of the juridical person
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