Cybercrime prevention act of 2012 or republic act no 10175 essay

There were two codes during this period: The sole judge of contests relating to election, returns and qualifications of members of the Senate rests with the Senate Electoral Tribunal SETwhich is composed of nine members, three of whom are Justices of the Supreme Court and six members of the Senate.

It also mandates the establishment of special "cybercrime courts" which will handle cases involving cybercrime offenses offenses enumerated in Section 4 a of the Act.

In the Philippines, with Internet penetration at 30 million or about 30 percent of the population, on line and social media has become a potent force. With cybercrime law, there will be no hackers, no posers, no downloads that will affect artists who sell their products online, no cyberbully, no gossips, no false accusations and no picture grabber.

It will not do for the authorities to invoke the presumption of regularity in the performance of official duties. Errors or misstatements are inevitable in any scheme of truly free expression and debate. The Supreme Court has adopted and promulgated the Rules of Court for the protection and enforcement of constitutional rights, pleadings and practice and procedure in all courts, and the admission in the practice of law.

The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court.

All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

Congress is empowered to promulgate rules in the canvassing of certificates of election. All the three incumbent Senators are under detention. Or is it the allowance for government to conduct active monitoring of the Internet activities of the populace, premised on any alleged pursuit of public safety or order.

This reduces the value of the Internet as a platform for citizens to be heard. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.

This will further lower one's immune system that could lead to other serious illnesses. The decision upholding the constitutionality of the law was penned by Justice Antonio T.

Republic Act 10175: Cybercrime Prevention Act of 2012

The election of party-list representatives was by virtue of the Republic Act No. Any person found guilty of any of the punishable acts enumerated in Section 4 c 2 of this Act shall be punished with the penalties as enumerated in Republic Act No. But the road to perdition is paved with good intentions: Companies with online operations are subject to credit card fraud, identity theft, phishing, and intellectual property crimes.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

Cybercrime Prevention Act of 2012

The right to privacy as such is accorded recognition independently of its identification with liberty; in itself, it is fully deserving of constitutional protection.

Basically, the Cybercrime Law seeks to silence opposition whether in the real world or online. Congressional elections were held on May 11, Provided, That if no damage has yet been caused, the penalty imposable shall be one 1 degree lower. As of the August national censusthe population of the Philippines has increased to Elfren Meneses of the NBI.

In the decision of Justice Perlas-Bernabe, the concept and the history of the pork barrel system was discussed. The unit is empowered to, among others, collect real-time traffic data from Internet service providers with due cause, require the disclosure of computer data within 72 hours after receipt of a court warrant from a service provider, and conduct searches and seizures of computer data and equipment.

Further details can be found herehereand here. Under the transitory provision of the Constitution, the President and Vice President elected in the February 7, elections were given a six-year term of office until June 30, This case however takes into consideration involves international responsibility.

The Filipino was never punished, because the Philippines at that time had no law criminalizing computer misuse. The Supreme Court of the Philippines declares on February 18, that the libel provisions of this act is now legal. Members of the Iglesia ni Kristo and the El Shaddai are increasing and their membership has exented worldwide.

At least with regards to comments about public figures, consideration should be given to avoiding penalising or otherwise rendering unlawful untrue statements that have been published in error but without malice. The Court in this decision provided a procedure in the allocation of additional seats under the Party-List System.

Cabinet members are nominated by the President, subject to the confirmation of the Commission on Appointments Art. Marcos and Arturo M. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty 30 days from date of approval by the court.

Court of Appeals, Phil. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. Restricting or Blocking Access to Computer Data.

Some sectors fear the import of Section 12 as it appears to be a blanket allowance for the government to conduct surveillance against the general populace with impunity.

Oct 02,  · President Noynoy Aquino signed into law Republic Act No.otherwise known as the Cybercrime Prevention Act of Up until the passage of the Cybercrime Prevention Act ofinternet use in the Philippines has been practically free of censorship.

[ Republic Act No. ] AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES. Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS.

Section 1. Short Title. Mar 02,  · The Cybercrime Prevention Act ofofficially recorded as Republic Act No.is a law in the Philippines approved on 12 September It aims to address legal issues concerning online interactions and the Internet in the Philippines.

What are the Cybercrime Offenses? offenses against confidentiality, integrity and availability of computer data and systems includes illegal access, illegal interception, data interference, system interference, misuse of device and cybersquatting computer related offenses.

Sep 22,  · I Introduction.

Republic Act No. 10175 – Cybercrime Prevention Act of 2012

There has been a lot of discussions observed days subsequent to the promulgation of Republic Actor the Cybercrime Prevention Act ofon 12 September There are some who assail the law to be unconstitutional as it acts as a prior restraint to freedom of speech, or that it provides undue expanded interference of private activities in the Internet by the.

The Cybercrime Prevention Act ofofficially recorded as Republic Act No.is a law in the Philippines approved on 12 September It aims to address legal issues concerning online interactions and the Internet in the Philippines.

Cybercrime prevention act of 2012 or republic act no 10175 essay
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Republic Act No. | Official Gazette of the Republic of the Philippines