Cybercrime law

Contemporary period is the age of advanced technology. Different electronic products were invented nowadays. But together with these technological inventions, people committed different crimes and it is called “Cybercafé”. Cyber- is a prefix word means “electronic communication” and the word crime means “an act committed or omitted in violation of a law”. So, when we combine cyber and crime it means an act of committed or omitted in violation of a law with the used of any electronic communication. There are three types of cybercafés such as, crime committed against a person, property or government.

Those types are covered by different forms. Here are some examples of it’s subcategories: Spamming or also known as “unsolicited commercial email”, is the most common form of cybercafé. This is done by delivering a message in different accounts in the internet even if you do not want to receive it. Spammed will be selling illegal products in a very affordable price so that, the person who will read the message will encourage to buy their items. It is said that it is not an acceptable conduct because of sending Junk mails to those people who are not interested about it. Another common form of cybercafé is fraud.

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It is also like identity theft. Fraudsters used different social networking sites like friends, backbone, twitter, multiply and etc. To take some confidential information from the user. They can get your credit card number, social security number, name, address, and some sensitive information . They will be selling those information to a hacker for different purposes. Next, Drug trafficking. Drug syndicates can make a website about their business where they will put a password and only drug users can know that password. Through that way, they can arrange different drug deals.

They can have a forum or group meeting about when, where, and how they can transfer the illegal drugs from the drug lords to drug traffickers to drug pushers until it reach the drug users. Piracy is also a form of cybercafé. It is most likely a thievery. It is done by downloading any soft copy materials like music, pictures, movies from one website to another. One of the most common example of this is can be seen at the public market. Selling of pirated DVD’s and Cad’s of the sidewalk vendors is illegal. It is because they are selling the copy of the movie without the permission of the reducer.

And at the same time, they sell it in a very affordable price, where people tend not to buy the original one, because of DVD’s and Cad’s are much cheaper. “Cyber bullying involves the use of information and communication technologies to intended to harm others. “- Bill Belles Flaming or also known as accessibility happened when a person Joined a coatroom and he/she was insulted by his/her chatted. The insulation can be about their personality, calling in different names which is inappropriate, degrading, questioning on how he/she was raised by his/her parents and saying words below he belt.

Nicholas Pyle a psychologist of the university of Chicago in the united states, said that, flame wars are sometimes started by people who misunderstood the tone of an email message. It starts from shallow to delicate issues like spelling flame , when someone misspell a word and he or she is trying to correct by others. Posting foolish messages – Bandwidth flame and Gross-out flame which is personal attacks. Internet is one of the best way to watch people’s action, minored for them to do unwanted things about their victims. This cybercafé is called cabinetmaking.

The authority sees that the internet is a big puzzle for them to solve cybercafé like this because criminals uses different sites that was too broad for them to handle. Computer Viruses is also a form of cybercafé. It corrupts the program and files that was stored in a certain device like computers, cellophanes or memory cards. Once the file was corrupted it cannot be retrieved anymore. Hackers are the one who are responsible in doing those viruses. They use that to corrupt any records from the program of a certain business.

This crime is unethical issue because it is a destruction to affected individuals. Some of the examples of viruses are I love you virus, ala eh virus and the most common is the Trojan virus. Pornography, this form of cybercafé is done by posting malicious photos and videos in the internet or different social networking sites that can be seen by millions of people. As the time goes by, the rate of this crime increases which the teens or children are the usual victims. The suspect will encourage them that they will become an artist if they will come with them in a Photostat.

And when they are in the said place, they will command the victim to remove their clothes, and the suspect ill take a lot of poured photos and after the shoot they will pay the victim or they will get some nude photos in the internet and by photocopying the normal pictures can transformed into a new images. And those photos will be posted in the internet or if ever they have a video, they will put it in a DVD or VS.. That will sell in different paces. This crime can damage the reputation of the person involved. Hacking of the most common cybercafé.

It is more likely a fraud. The hackers also uses online services to sell non existent products, conduct fake transactions or transfer some financial accounts to the mastermind of the hacking. Computer technology has made cheating so easy that it serves as a temptation for High-Tech Cheating, is considered as a cybercafé. High-tech, because it uses a cellophane in cheating. This is usually occurs in school. Oftentimes the students do that during exams by contacting different persons outside the room to ask for the answer of the question.

Especially nowadays, there are lot of promos that the telecommunication company gives that’s why load is not a problem in this kind of crime. Another way is by giving an answer to their classmates through text. A very simple act yet a series crime. It is a misconduct because the students violate the school’s rules and regulations. Terrorism is also an example of cybercafé. The terrorist may contact other terrorist using the internet or cellophane to transfer money minored for them to support their needs in terrorizing. There are lot of cybercafés that can be done in shallow to serious offenses.

It cannot deny the fact that advanced technology brings not Just comfort to one’s life but also a big problem that the authority must see. By using different gadgets, those criminals can do whatever they want. Here are some examples of the gadgets that ay use in doing cybercafés: The most popular “computer”. It is defined in Webster dictionary as an electronic machine that performs rapid, often complex calculations or compiles, correlates and selects data. There are lots of things that can be done using a computer especially if it has an internet connection.

Anyone can have this kind of gadget, that’s why the rate of cybercafé is still increasing. Fraud, hacking, piracy, pornography, drug trafficking, spamming, flaming are some of the cybercafé that can be done using the computer. By simply surfing the internet, they can easily do those evil things. Another gadget that can be used is cellophane. A wireless transmission device that can be use to contact different person. Text scam is the best example that a cellophane can do to commit cybercafé. The suspects will used the gadget to send different promos or sometimes act like a relative that will ask some money from their victims.

Another is the high-tech way of cheating. Nowadays, cellophanes are very common to a person. Anyone can have this because it is much affordable than before. The additional factors is that the telecommunications company sell an affordable loads and gives promos like unlimited testing. By using cellophane criminals can now affect the lives of innocent people. Cameras, a device used to take pictures or even videos. Different kinds of cameras are available in the market that can satisfy one’s need. It is one of the weapon used in pornography, with Just a click in shutter, instant the pictures will store in its memory.

It will Just upload in the internet and there you can now see the result of your crime. And from there the criminal can edit the pictures by using different editing software. That serious but still it is a violation to the law. Spamming is one of the best example using those device. The reporters in the television and radio can commentators some unwanted things about a person which may not be true, and by damaging the victims reputation they can also give some unwanted messages about the person’s involved. Another is the host of some variety shows, they may comment some below the belt words to their contestants or co-host.

With a great mind of the inventors, they can produced different device that is very useful in one’s life. But, some people abused those products that’s why different cybercafés were formed. If we will Just used those inventions in a right way, it will be great invention that the man ever invented. Cybercafés are done because it has a reason. It maybe shallow or serious, still it can affect an individual. Here are some reasons why subliminally commits cybercafé. Hackers are hacking for different reasons. One, theft of service. They will hack a system to use the service for free like sending emails.

Second, they steal valuable information from a company like credit card numbers, list of customers, important transactions that they can sell from the rival companies to earn money. Third, vengeance and hatred. For example, he was a part of a legal organization and he was kicked out from the group. He can hack the organization’s website for his revenge so that the organization cannot use that website again. Fourth, for fun and excitement. They find it unusual that’s why they are thrilled in doing it. Lastly, for knowledge and experiment. They are hacking to gain more knowledge about how that system was made.

These are Just few reasons why hackers do those things. Flamers are flaming, when they are being bullied by others they do not know or sometimes their enemies. There are some people who are impatient that’s why they can released some offensive words that may hurt someone. And if that someone read hose messages he or she may do the same thing. Through this, flaming war is formed. Cabinetmakers are stalking over the internet to know more about their victim. They can make a step for his evil plan easily if he will know first the victim’s way of living.

The reason for piracy is Just for one’s pleasure and earning money. Drug traffickers are making a business in dealing or closing a transaction about the use of illegal drugs with the use of internet and cellophanes. Computer viruses are made to destroy important records of a certain company or person so that, he or she was not able to use those corrupted files again. Object and for them to get high grades or even to be in honor list. According to Hart in his work “The Concept of Law” that human beings are vulnerable, so rule of law is required to protect them.

Like in computers, it is also needed to be protected because it can be an instrument to hurt humans. Here are the general rules of the reasons of cybercafés. 1 . ) Capacity to store data in comparatively small spaces- The subliminally can easily remove the information, by simply manipulating it. 2. ) Easy to access – Nowadays, we are in the stage of high technology. Different device an be transplanted in the computer so that they can easily have an access into it. 3. ) Complex- Humans become curious about how the computer system was made that’s why they overlapped in using the computer. . ) Negligence- The person do not know that unauthorized using of computer system is against the law. 5. ) Loss of evidence- Materials written in the internet can be easily detached that’s why whenever there’s a cybercafé that was done. The evidence can be removed by the subliminally. If there are some causes or reasons of cybercafés, there should also effects of cybercafés and here are the following: One is loss of revenue. The stolen personal information of a person or company like credit card number, bank account or anything that can be used to withdraw money from their company.

Another is wasted time. Instead of working or focusing for companies or individuals progression, the IT staff are much more focus in some cybercafés to protect the sensitive information of that company or person so that, it cannot be stole by the subliminally. Next, Damage of Reputation. For example in pornography, one’s the nude photos or sex scandals are posted in different networking sites. The person’s reputation will rely damage because of delicate at the same time it can result from having a miserable life. Lastly, Reduced of productivity.

Instead of doing some valuable things, the person will be much more busy in protecting themselves from those subliminally. “The problem is that our law enforcement agencies are severely undermanned for concerned with the cases of subdirectories, swindling, child pornography and Otter more public crimes. ” – Ivan Ay,Secretary of the commission on information and communications technology. There were some related laws and penalties about cybercafés in the Philippines. Here are as follows: 13. 7 IT-Related Laws in the Philippines The Intellectual Property Code of the Philippines (Republic Act Number 8293) sec. 22.

Non-patentable Inventions The following shall be excluded from patent protection: 22. 2. Schemes, rules and methods of performing mental acts, playing games or doing business, and programs for computers; • It states in this section that programs for computers are included in protecting from reproducing and selling that invention. SEC. 172. Literary and Artistic Works 172. 1 Literary and artistic works, here in after referred to as “works”, are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular (n) Computer programs; 172. 2.

Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. • It states here that computer programs are one of the literary and artistic works that are protected from the time that they are created. SEC. 189. Reproduction of Computer Program 189. 1. Not with standing the provisions of section 177, the reproduction in one (1) sack-up copy or adaptation of a computer program shall be permitted, without the authorization of the author of, or other owner of copyright in, a computer program: Provided, That the copy or adaptation is necessary for: a.

The use of the computer program in conjunction with a computer for the purpose, b. Archival purposes, and, for the replacement of the lawfully owned copy of the the event that the lawfully obtained copy of the computer computer program in program is lost, destroyed or rendered unusable. • It states that copying a computer program is allowable even if it has no permission of the owner. This is true if and only if the program is really needed and if the legal copy of the program was corrupted by a virus or some problem occurs. 189. 2.

No copy or adaptation mention in this Section shall be used for any purpose other than the ones determined in this section, and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful. The copy of the computer programs except to the terms and conditions that is stated in section 189. 1, if a person will be caught in using illegal computer programs, they will destroy it and give the appropriate penalties. Mom of the penalties are stated below: 217. Any person infringing any right secured by provisions of Part IV (The Law on Copyright) of this act or aiding or abetting such infringement shall be guilty of a crime punishable by: a. Imprisonment of one (1) year to three (3) years plus a fine ranging from fifty thousand pesos (POP,OHO) to one hundred fifty thousand pesos (Pl 50,000) for the first offense. B. Imprisonment of three (3) years and one (1) day to six (6) years plus ranging from one hundred fifty thousand pesos (Pl 50,000) to five hundred thousand pesos (IPPP,OHO) for the second offense. C.

Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (IPPP,OHO) to one million five hundred thousand pesos (Pl for the third and subsequent offenses. 217. 2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damaged that the copyright owner has suffered by reason of the infringement. The court will be the one whose responsible in putting the right penalties depending on the damaged made by the criminals.

As well as the conditions written in section 217. 3. Possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of: a. Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article; b. Distributing the article for the purpose to the extent that will prejudice the rights of the copyright owner in the work; or c. Trade exhibit of the article in public, shall be guilty of an offense and shall be liable imprisonment and fine as above mention. (Sec. 29, P. D. No. AAA) on conviction to There’s also E-commerce Law of the Philippines (Republic Act Number 8792): Sec. 3 Objective. – This act aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public. Ђў This section clearly states that it’s objective is to handle different interactions that is happening in the internet between domestic and international dealings. Like what is said in the next section: Sec. 4. Sphere of Application. This act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information. Sec. 8. Legal Recognition of Electronic Signatures.

An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, like – a. ) To recognize or approved any documents of the said party. B. ) It is more reliable and appropriate. C. ) It is very important that the Perry or group should recognize so that they can easily do different transactions. D. ) Other parties or groups are authorized to verify the electronic signature. A. Unauthorized access into a computer system or stealing information about the person using the internet, including computer viruses, shall be punished by a minimum fine of one hundred thousand pesos (IIOP,OHO. O) and a maximum menstruate to the damage incurred and a mandatory imprisonment of maximum of six (6) months to three (3) years. B. ) Anything under piracy or unauthorized copying of someone original work, shall be punished by a minimum fine of one hundred thousand pesos (IIOP,OHO. O) and a maximum commensurate to the damage incurred and a mandatory imprisonment c. Violations of the Consumer Act or Republic Act No. 7394 and other relevant pertinent laws through transactions covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as provide in those laws. D. Other violations of the provisions of this Act, shall be penalized with the maximum penalty of one million pesos (Pl or six (6) tears imprisonment. The senators are having a review, if Latino registration will be executed to minimize or combat cybercafés.

Computer is a machine where human beings need to input some data. Only the humans can know if their inputted data is right or wrong. Through this, people can easily manipulate the computers. They can do some unwanted things against their enemies. There are many ways to commit cybercafés as well as Controlling it. Here are some ways to combat some common cyber crimes: Child pornography can now be minimize. Microsoft together with the Dartmouth college create a solution on how to remove pornographic pictures in the internet.

They developed the photo DNA that converts the pornographic images to its original form. It has a mathematical pattern that can reveal its original form. They donated it to the center for missing and exploited children to prevent spreading of porn photos. Microsoft is willing to donate this tracking device to To law enforcement agencies in different countries. To combat cabinetmakers, they should report those cases to the Law enforcement agencies. So that, the the authority is aware boo it and they can make a proper move to fight those harassers.

Subdivision of FBI is the who are responsible in fighting terrorism that may affect the economical status of the said country. The flamers goal is to irritate you that can make you answer the offensive words he or she dropped. Once you are in this moment, you should not reply to the flame no matter how inoffensive it was. Be careful of what you say in different social networking sites, make a topic that cannot be started by flaming wars. Read the messages as many times as you can, for you may misinterpret the meaning of the usage.

Do not keep this to yourself, you may share it to your friends or family. You should retain the evidences by saving it, so that you have proof that it was done to you. Lastly, you should protect yourself. Do not meet someone by knowing him in backbone, twitter or cellophane for may it began a more serious crime. Nowadays, cybercafé is hot topic in the televisions because of the artist. The rate of cybercafé will increase until we are in the period of modern age. The authorities should be very aware of this because it can affects everyone’s happy and peaceful living. As well as each individuals.

Jesse
from Nandarnold

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