What are punishable acts of RA 10175?

The following acts are the cybercrime offense punishable by this Act:

  • Illegal Access – Access without right to the whole or part of a computer system.
  • Illegal Interception – The interception of non- public data transmission to, from, or within a computer system using technical means including electromagnetic emissions from a computer system that transport such data.
  • Data Interference – The intentional or reckless alteration, damage, removal or impairment of computer information, electronic document or electronic data, including the introduction or transmission of the viruses, without right.
  • System Interference – The intentional alteration or impairment or impairment of computer data or computer network operations without right or authority, such as the introduction or transfer of viruses, by input, transmission, damage, deletion, alteration or suppression, electronic document or electronic data message.
  • Misuse of Devices
    • Use, manufactured, sold, obtained, imported, distributed or made available, without right:
      • A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
      • A computer password, access code or other similar data that allows the access of the whole or any part of a computer system to be used to commit any offense under this Act.
    • Intention to use the said devices for the purpose of committing one of the violations of this section is the possession of an item described in subparagraph 5(i)(aa) or(bb) above.
  • Cyber-squatting – Badly confessing, misleading, damaging the reputation, and depriving others of the same registration, the acquisition of a domain name over the internet is:
    • Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
    • The name of a person other than the registrant, in case of a personal name, is identical or otherwise similar;
    • Bought without right or interest in intellectual property.
  • Libel – Illegal or prohibited libel acts defined in Article 355 of the Revised Penal Code as amended by a computer system or any other similar means to be developed in future.

The penalties to be imposed shall be one degree higher, provided that the penalty to be imposed, is one degree higher than the penalty provided for in the revised criminal law code as amended or special legislation as appropriate, as defined and penalized in the Revised Penal Code and as amended by specific legislation when committed via and through information technologies and communications technologies.

References: https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html

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