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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 Anti-
Child 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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