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Anti-Cybercrime Bill gets Senate approval

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The Senate finally approved their own version of the Anti-Cybercrime Bill (Senate Bill 2796) earlier today. The bill provides for penalties of Php200,000 to Php1.25 million and imprisonment of up to 12 years.

Anti Cybercrime Bill Philippines • Anti-Cybercrime Bill Gets Senate Approval

Here are the offenses covered in the Senate Bill 2796.

I. Offenses against the confidentiality, intergrity and availability of computer data and systems (illegal access, illegal interception, data interference, system interference, cyber-squatting, misuse of devices).

II. Computer-related offenses (computer-related forgery, computer-related fraud).

III. Content-related offenses (cybersex, child pornography, unsolicited commercial communications, libel).

This bill will certainly affect operations of a number of websites and online services in the Philippines.

The provision for spamming includes the following.

Realme Philippines

Advertising and selling products or services via the Internet without the consent of the recipient will likewise be fined of Php50,000 – Php250,000. Violators could also face imprisonment of one month and one day to six months.

This will affect all those real estate brokers sending out emails for new properties, insurance and credit card companies offering loans over email and those sending out mass emails saying “I’m selling my 2nd hand gadget…”.

This could also apply to those using Facebook to send out messages to their network or tagging people with the purpose of advertising or selling items.

Bloggers and website owners can be also liable under the cybersex provision of this bill.

The willful engagement, maintenance, control, or operation, directly or indirectly, or any lascivious exhbition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

This could mean the end of sex scandals on the web (as it could punish all those who share, blog or post any sex scandals). Are we going to say goodbye to Flesh Asia Daily?

That’s on top of the internet libel clause.

A new group — called the National Cybersecurity Coordinating Council — will be formed under the Office of the President to implement all these.

Avatar for Abe Olandres

Abe is the founder and Editor-in-Chief of YugaTech. You Can follow him on Twitter @abeolandres.

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Guild Wars 2 Key
9 years ago

I was curious if you ever considered changing
the layout of your website? Its very well written; I love what youve got to
say. But maybe you could a little more in the way of content so people could connect with it better.
Youve got an awful lot of text for only having 1 or two
pictures. Maybe you could space it out better?

daniel
daniel
10 years ago

ayoko nung bill. haha lahat yan taliwas sa aking gusto! hahahahah

budflick
10 years ago

I have a mysterious smart sim out here. I was texted by BDO to pay a car loan – and asked me if i really own the mobile # as it is on their records with a certain personality. http://www.budflick.com/blog/2012/02/mysterious-smart-sim/

alainL
alainL
10 years ago

If this gets passed, can I sue the people who are always telling me to LIKE their crap in facebook?

Joey
Joey
10 years ago

A very wishy washy bill which obviously hasn’t been well thought through. It’s far too broad and would (could, if enforced) affect a huge number of BPO businesses here in the Philippines which would cost a lot of jobs.

I don’t understand why they can’t work on bringing in things which have been worked on and improved worldwide, like CAN-SPAM Act of 2003.

jonaflormicfren
10 years ago

Very nice. Hope that it will be carried out..

zigbien
zigbien
10 years ago

unless the senate is serious about the bill then this law is more likely useless

Bryan
Bryan
10 years ago

A good start. I’m hoping they finish the sim registration act or create a version of this bill for cellular technology. to hell with the spammers!

Chad
Chad
10 years ago

Another stupid bill. Good thing implementation in this country is as sterile as a statesman without media attention.

pampam
pampam
10 years ago

i hope you can lend us some lawyer then peace ya’ll. this bill is just one of the bills already passed. nothing special.

choosyheckler
choosyheckler
10 years ago

Please read the bill first and let a lawyer interpret it for you before criticizing the bill! Hay naku, mga tao talaga! Yes the wordings of the bill is broad and vague. But please! Brain first before mouth.

Iyan Sommerset
Iyan Sommerset
10 years ago

This isn’t LAW yet, right? The best we can do is lobby the president to veto or not-sign this bill. Unless I am sorely misinformed about how our democracy works.

budflick
Reply to  Iyan Sommerset
10 years ago

Approved, and shall effect 15 days after published in Official Gazette and 2 general-circulation newspapers :)

Iyan Sommerset
Iyan Sommerset
Reply to  Iyan Sommerset
10 years ago

Crap.

*rides jetpack to Sweden*

#NothingToDoHere

JKisaragi
JKisaragi
Reply to  Iyan Sommerset
10 years ago

I don’t think so. According to the news, the Senate had just approved this on its third reading, so that’s just one part of Congress.

Stat Con 101: A bill approved on third reading by one House (in this case, the Senate) is transmitted to the other House (House of Representatives) for concurrence. If they (House of Representatives) approves this as well without amendment, then they’d pass this on to the Prez for his approval or veto.

What budflick pointed out there is the “Effectivity Clause” in which the bill (or law, should it get approved by the aforementioned parties) shall take effect after publication; it being an indispensable requisite.

budflick
10 years ago

Sir yuga can you delete my comments here? I’m now getting a better picture so my earlier posts are invalid hehe.

I made a summary of the bill and I hope I am right (please do correct me if im wrong):

Section 4(a) – Computer Hacking and Security Breach.
Section 4(b) – Digital Forgery and Online Fraud.
Section 4(c) – Online Pornography, e-Whoring, and Unsolicited Advertisements via Electronic communications.
Section 5 – Attempts and Assisting of the said Offenses as described in Section 4.

budflick
10 years ago

masyadong broad ang terms nito. ang pag iisip ng mga nag push nitong law eh about the computers and the users. wala silang specific scenario. if you grasp the idea of the law its all about the computers pa rin and the gadgets. they dont even tackle about those using vpns and other stuffs. kahit ang advertisements eh napaka broad din. its like saying ang mga blog bawal maglagay ng ads or deals at dapat merong turn off link. ni hindi nila cguro alam na merong popup/ad blocker ang mga browser for that matter. so ung mga technician nito na unlicensed ung mga OS/software na nilalagay sa mga repaired computers eh apektado din ng bill na ito. its time to go LINUX.

bern
bern
10 years ago

How about internet piracy? is it included?

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