RA 10175 Cyber Crime Prevention Act of The Philippines
RA 10175 Cyber Crime Prevention Act of The Philippines
RA 10175 Cyber Crime Prevention Act of The Philippines
2. Illegal interception
3. Data Interference
4. System Interference
6. Cyber-squatting
7. Computer-related Forgery
8. Computer-related Fraud
10. Cybersex
* Unsolicited Commercial*
Communications (SPAMMING)
THIS PROVISION WAS STRUCK DOWN BY THE SUPREME
COURT AS UNCONSTITUTIONAL.
12. Libel
13. Aiding or Abetting in the commission of Imprisonment of one (1) degree lower than that of the
cybercrime prescribed penalty for the offense or a fine of at least One
Any person who willfully abets or aids in the commission hundred thousand pesos (P100,000) but not exceeding
of any of the offenses enumerated in this Act shall be Five hundred thousand pesos (P500,000) or both.
held liable.
3. Jurisdiction
The PNP and NBI shall be responsible for the enforcement of this
law. This includes:
(a) The PNP and NBI are mandated to organize a cybercrime unit or
center manned by special investigators to exclusively handle cases
involving violations of this Act. (Section 10).
(b) The PNP and NBI are required to submit timely and regular reports
including pre-operation, post operation, and investigation results
and such other documents as may be required to the Department of
Justice for review and monitoring. (Section 11)
(c) THE SUPREME COURT STRUCK DOWN SECTION 12 THAT IS SUPPOSED TO authorize
law enforcement authorities, without court warrant, to collect or record
by technical or electronic means traffic data in real time associated with
specified communications transmitted by means of a computer system.
(Section 12) Getting a COURT WARRANT is a must.
(e) Carry out search and seizure warrants on computer data. (Section
15) Once done, turn-over custody in a sealed manner to courts within
48 hours (section 16) unless extension for no more than 30 days was
given by the courts (section 15).
6. Responsibility of individuals
7. Inadmissible evidence
8. Access limitation
The Supreme Court struck down Section 19 of the law that gives the
Department of Justice powers to order the blocking of access to a site
provided there is prima facie evidence supporting it.
9. Cybercrime new authorities