Philippines closer to tougher law against cybercrime

Manila: The Philippines moved closer to having a law that will punish crimes perpetrated through cyberspace with the passage at the House of Representatives of the proposed Cybercrime Prevention Act of 2012.

The measure, House Bill 5808, was passed on third and final reading recently. In essence, the proposal defines and punishes cybercrime to prevent and supress its proliferation.

Under the Philippine legislative mill, the measure will have to hurdle five or seven more processes before the proposal becomes a law. A parallel measure in the Senate, the Cybercrime Bill is being discussed in the Upper Chamber.

House Bill 5808 provides a comprehensive legal framework for the detection, investigation, apprehension, investigation and prosecution of such cybercrimes as hacking, internet fraud, data interference, identity theft and child pornography.

Currently, the country's drive against crimes perpetrated using the internet or other electronic pipeline device is being hamstrung by the absence or lack of laws regulating cyberspace.

Often, criminals, such as those who run pornography sites and internet chat rooms that serve as venue for cybersex, get off from authorities scot free because there is no specific law to punish the crime committed.

The proponents of House Bill 5808, Reps. Susan Yap (2nd District, Tarlac), Eric Owen Singson, Jr. (2nd District, Ilocos Sur), Marcelino Teodoro (1st District, Marikina City) and Juan Edgardo Angara (Lone District, Aurora) said the measure would enable the government to go after cybercriminals.

The measure "complies with the declared policy of the State, which recognizes the increasingly vital role of information and communications technology (ICT) as an enabler of key industries such as banking, broadcasting, business process outsourcing, electronic commerce and telecommunications, and as a driving force for the nation's overall social and economic development," the proponents said.

The passage of HB 5808, will enable the State to adopt sufficient powers to effectively prevent and combat all forms of misuse, abuse and illegal access by facilitating their detection, investigation, arrest and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

The bill also seeks the creation of the Cybercrime Investigation and Coordinating Center (CICC) under the administrative supervision of the Office of the President to formulate and implement a national cyber security plan.

Offenses punishable under the measure are those against confidentiality, integrity and availability of computer data and systems such as illegal access, illegal interception, data interference, system interference and misuse of devices.

Computer-related offenses such as computer forgery and computer-related fraud and content-related offenses which include cybersex, unsolicited commercial communication, cyber defamation and cyber threats are also punishable under the measure.

Likewise, aiding or abetting in the commission of cybercrime and attempt to commit cybercrime are liable to be punished.

Under the measure, cybersex offense is punishable by maximum of  12 years imprisonment or payment of fine or both while child pornography offense is meted.