MERGED: All about Anti-Cybercrime Law, related issues and developments

[Ityan]

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I personally have experienced being 'spied upon' by my employers, via the computers I use at work. If an employer can do it, why not the government?

-RODION

It would be easy if LAN ra.. Even sa internet cafe's naa na in.ani but.. Were talking about the whole country here. I wonder unsa ila gamiton ani. Especially sa pag eavesdrop sa applications like Skype, YM and etc.

[rockyroad2346]

kaapil na jud ko sa dancing inmates ani, practice ko daan ug Gangnam style.....

[jadestoner]

Naa lang ko i-share mga ka-kosa:

(Jul 12, 2012) On July 5, 2012, the Human Rights Council (HRC) of the United Nations, unanimously adopted a resolution to protect the free speech of individuals on the Internet, the first such U.N. resolution of its kind. The resolution was adopted during the HRC's 20th session, held July 18-July 6, in Geneva. While they expressed reservations about it, the representatives of China and Cuba were also among the 47 members of the HRC who approved the resolution. The United States was one of the countries that co-sponsored the resolution with Sweden, which spearheaded the motion. (Stephanie Nebehay, UN Forum Backs Web Freedom After Arab Spring, REUTERS (July 5, 2012).)

Resolution L13, the Promotion, Protection and Enjoyment of Human Rights on the Internet, evokes the Universal Declaration of Human Rights; relevant international human rights treaties, including the two international covenants on civil and political rights and on economic, social and cultural rights; and "all relevant resolutions of the Commission on Human Rights and the Human Rights Council on the right to freedom of opinion and expression, in particular Council resolution 12/16 of 2 October 2009, and … General Assembly resolution 66/184 of 22 December 2011." (United Nations General Assembly, Human Rights Council Twentieth Session, 20/L13… The Promotion, Protection and Enjoyment of Human Rights on the Internet, A/HRC/20/L.13 (June 29, 2012), Office of the High Commissioner for Human Rights website; U.N. HRC, Freedom of Opinion and Expression, A/HRC/12/L.14/Rev.1 (Sept. 30, 2009) [scroll down page to find]; U.N. General Assembly, Information and Communications Technologies for Development, A/RES/66/184 (Feb. 6, 2012), General Assembly of the United Nations website [scroll down page to find].)

The Resolution

1. Affirms that the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one's choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights; [and]

2. Recognizes the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms; … . (20/L13... The Promotion, Protection and Enjoyment of Human Rights on the Internet, supra.)

It urges all states, moreover, "to promote and facilitate access to the Internet and international cooperation" in developing "media and information and communications facilities in all countries" and to adopt "special procedures" to take such issues into account. (Id.) Finally, the Resolution indicates that the HRC will continue consideration of human rights "on the Internet and in other technologies, as well as of how the Internet can be an important tool for development and for exercising human rights, … ." (Id.)

In the words of U.S. ambassador to the HRC Eileen Donahoe, "[i]t's the first ever U.N. resolution affirming that human rights in the digital realm must be protected and promoted to the same extent and with the same commitment as human rights in the physical world." (Nebehay, supra.) Even though the Resolution is a first for the U.N., U.N. officials pointed out that its International Telecommunication Union (ITU) has affirmed the principle of the right to freedom of opinion and expression "as an essential foundation of the Information Society" since 2003. (Id.; World Summit on the Information Society (WSIS), Declaration of Principles: Building the Information Society: A Global Challenge in the New Millennium, Doc. No. WSIS-03/Geneva/Doc/4-E (Dec. 12, 2003).)

In addition, the United Nations Educational, Scientific and Cultural Organization (UNESCO) has worked with the ITU in holding workshops since 2006 "to trigger debates on freedom of expression and privacy protection" and in 2011 published "a pioneering standard-setting report" on the subject of Internet freedom and the law. (Freedom of Expression on Internet, UNESCO (last visited July 6, 2012); WILLIAM H. DUTTON et al., FREEDOM OF CONNECTION – FREEDOM OF EXPRESSION: THE CHANGING LEGAL AND REGULATORY ECOLOGY SHAPING THE INTERNET (2011).)

[wikki]

e revise lang ta ni nga law to cover those abusado na mga taw. gi tadx2 man tanan. =.='

[jadestoner]

(Jul 12, 2012) On July 5, 2012, the Human Rights Council (HRC) of the United Nations, unanimously adopted a resolution to protect the free speech of individuals on the Internet, the first such U.N. resolution of its kind. The resolution was adopted during the HRC's 20th session, held July 18-July 6, in Geneva. While they expressed reservations about it, the representatives of China and Cuba were also among the 47 members of the HRC who approved the resolution. The United States was one of the countries that co-sponsored the resolution with Sweden, which spearheaded the motion. (Stephanie Nebehay, UN Forum Backs Web Freedom After Arab Spring, REUTERS (July 5, 2012).)

Resolution L13, the Promotion, Protection and Enjoyment of Human Rights on the Internet, evokes the Universal Declaration of Human Rights; relevant international human rights treaties, including the two international covenants on civil and political rights and on economic, social and cultural rights; and "all relevant resolutions of the Commission on Human Rights and the Human Rights Council on the right to freedom of opinion and expression, in particular Council resolution 12/16 of 2 October 2009, and … General Assembly resolution 66/184 of 22 December 2011." (United Nations General Assembly, Human Rights Council Twentieth Session, 20/L13… The Promotion, Protection and Enjoyment of Human Rights on the Internet, A/HRC/20/L.13 (June 29, 2012), Office of the High Commissioner for Human Rights website; U.N. HRC, Freedom of Opinion and Expression, A/HRC/12/L.14/Rev.1 (Sept. 30, 2009) [scroll down page to find]; U.N. General Assembly, Information and Communications Technologies for Development, A/RES/66/184 (Feb. 6, 2012), General Assembly of the United Nations website [scroll down page to find].)

The Resolution

1. Affirms that the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one's choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights; [and]

2. Recognizes the global and open nature of the Internet as a driving force in accelerating progress towards development in its various forms; … . (20/L13... The Promotion, Protection and Enjoyment of Human Rights on the Internet, supra.)

It urges all states, moreover, "to promote and facilitate access to the Internet and international cooperation" in developing "media and information and communications facilities in all countries" and to adopt "special procedures" to take such issues into account. (Id.) Finally, the Resolution indicates that the HRC will continue consideration of human rights "on the Internet and in other technologies, as well as of how the Internet can be an important tool for development and for exercising human rights, … ." (Id.)

In the words of U.S. ambassador to the HRC Eileen Donahoe, "[i]t's the first ever U.N. resolution affirming that human rights in the digital realm must be protected and promoted to the same extent and with the same commitment as human rights in the physical world." (Nebehay, supra.) Even though the Resolution is a first for the U.N., U.N. officials pointed out that its International Telecommunication Union (ITU) has affirmed the principle of the right to freedom of opinion and expression "as an essential foundation of the Information Society" since 2003. (Id.; World Summit on the Information Society (WSIS), Declaration of Principles: Building the Information Society: A Global Challenge in the New Millennium, Doc. No. WSIS-03/Geneva/Doc/4-E (Dec. 12, 2003).)

In addition, the United Nations Educational, Scientific and Cultural Organization (UNESCO) has worked with the ITU in holding workshops since 2006 "to trigger debates on freedom of expression and privacy protection" and in 2011 published "a pioneering standard-setting report" on the subject of Internet freedom and the law. (Freedom of Expression on Internet, UNESCO (last visited July 6, 2012); WILLIAM H. DUTTON et al., FREEDOM OF CONNECTION – FREEDOM OF EXPRESSION: THE CHANGING LEGAL AND REGULATORY ECOLOGY SHAPING THE INTERNET (2011).)

[guterkerl]

According to the new Cybercrime Act that has just been passed into law, if you post something libelous in iStorya.net (like calling someone influential, like a politician, an a__hole) then you can be arrested. And others who 'like' the post can also get arrested.

BUT, you know what's worse (and perhaps amusing to a certain extent)? If iStorya.net admins refuse to delete down all posts related to the original libelous remark, Beor/Galadriel/Vern will go to jail! I'm not kidding--that's basically what this new law says! Because iStorya.net owners/administrators allowed publication of the libelous post!

See now, how crazy this new law is?

-RODION

Why would it be crazy when you just admitted you posted something "libelous"? Article 353-355 of the revised penal code clearly states that LIBEL is a punishable crime in the Republic of the Philippines.

Dude you're spreading FUD. Read and understand what the law says specifically Section 12. Nobody goes to jail without first being issued a warrant.

The link to the official gazette is here:
Republic Act No. 10175 | Official Gazette of the Republic of the Philippines

Anyway I think that this law like ANY other law is subject to abuse. 1 part of the cybercrime act simply puts a stop to Juan Dela Cruz being a tactless jackass on the Internet since there has been no boundaries to what he can and can't write. Journalists follow rules. Bloggers should do the same.

Don't forget that the act criminalizes 2 other parts which in theory should help put a stop to hacking, spam and identity theft.

2 out of 3 is not so bad

[jadestoner]

I disagree with this bro. Come to think of it, politicians have their own battles to face. People will learn to be more tactful and responsible for their online lifestyle now. Let the politicians worry about their issues. I think this is more for the regular juan.

I see more of positive than negative to this bill. After all, with the internet boom its high time our government protects its citizens even in the virtual world.

Have you read all the sections of the act?
Republic Act No. 10175 | Official Gazette of the Republic of the Philippines

read it and then you will realize how the government can just take away our access to our computer data, internet and practically use anything we have online (past posts and current posts that are still online). They can also punish us by the mere act of liking sa facebook kay according to the new act the mere association and intent of malice may it be real or imaginary is punishable. Also read up on the bill about libel.

[guterkerl]

It would be easy if LAN ra.. Even sa internet cafe's naa na in.ani but.. Were talking about the whole country here. I wonder unsa ila gamiton ani. Especially sa pag eavesdrop sa applications like Skype, YM and etc.

Everything you can do on your small LAN, your ISP can do on theirs. Think of the whole country as one big LAN Your ISP's proxy servers caches all websites visited by each IP address. So unless you use anonymous proxies or anonymous VPNs then you're out of luck

[AntitaniC]

http://www.lto.gov.ph/
www.nbi.gov.ph,
http://www.telof.gov.ph/
http://www.opnet.ops.gov.ph/
http://www.cav.pnp.gov.ph/
http://www.bfad.gov.ph/

are all down... DDOS'd them...

[jdbebz]

http://www.lto.gov.ph/
www.nbi.gov.ph,
http://www.telof.gov.ph/
http://www.opnet.ops.gov.ph/
http://www.cav.pnp.gov.ph/
http://www.bfad.gov.ph/

are all down... DDOS'd them...

ohh my nag start na sila