What is Republic Act no. 10175?
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES.
This act is also known as the “Cybercrime Prevention Act of 2012”. According to DIGITAL FILIPINO, There are more than sixteen types of Cybercrime that is covered by the “Cybercrime Prevention Act of 2012” but some of these will be mentioned. These are the Illegal Access, Illegal interception, Data Interference, System Interference, Misuse of Device, Cyber-squatting, Computer-related Forgery, Computer-related Fraud, Computer-related Identity Theft, Cybersex, Child Pornography, Libel, Aiding or Abetting in the commission of cybercrime, Attempt in the commission of cybercrime, All crimes defined and penalized by the Revised Penal Code, Corporate Liability. Some of the punishable acts will be discussed further in question number 5 of this blog.
https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html;https://digitalfilipino.com/introduction-cybercrime-prevention-act-republic-act-10175/; http://www.authorstream.com/Presentation/mj349046-2751194-republic-act-10175/
How many chapters does it contain? Enumerate each chapter with its corresponding title?
The Cyber Crime Prevention Act of 2012 are consist of eight chapters and these are:
CHAPTER I – PRELIMINARY PROVISIONS
CHAPTER II- PUNISHABLE ACTS
CHAPTER III – PENALTIES
CHAPTER IV – ENFORCEMENT AND IMPLEMENTATION
CHAPTER V – JURISDICTION
CHAPTER VI – INTERNATIONAL COOPERATION
CHAPTER VII – COMPETENT AUTHORITIES
CHAPTER VIII – FINAL PROVISIONS
https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html;http://armageddonviews.weebly.com/blog/republic-act-no-10175-or-the-cybercrime-prevention-act-of-the-philippines
What does Chapter 1 section 1 of RA 10175 contains?
The chapter 1 section 1 or RA 10175 contains the title for which is called as the “Cybercrime Prevention Act of 2012″.
https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html
What is the declaration of policy of RA 10175?
The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html
What is the punishable acts of RA 10175?
The following are acts are punishable by RA 10175 also known as “Cybercrime Prevention Act of 2012”.
Illegal Access, Illegal Interception, Data Interference, System Interference, Misuse of Devices, Cyber-squatting, Computer-related Forgery, Computer-related Fraud, Computer-related Identity Theft, Cybersex, Child Pornography, Libel, Aiding or Abetting in the commission of Cyber-crime, Attempt in the commission of Cyber-crime, All crimes defined and penalized by the Revised Penal Code, Corporate Liability
https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.htm
If found guilty, what are the penalties?
Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.
https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.htm
Do you think RA 10175 is enough to protect the country and the citizens against various Cyber-crimes?
I think it is not enough because various cyber threats evolved everyday and so RA 10175 is not enough. it requires people who are always and ahead with the possible threats to be able them to counter the attacks that would be made to the citizen or to the government information technology infrastructure. The government must constantly provide an awareness to all the citizens how to evade or prevent such attack and to lessen the victims of cyber-crime.
Online Security Threats 