Sunset in Coron

Sunset in Coron
Coron, Palawan

Friday, October 19, 2012

A Reaction Paper on Republic Act 10175





When Sir Thomas Lee Cook invented the internet, his intent was for all the world to revel in a new-found freedom that was unhindered by boundaries dictated by nationality, creed or religion. Many have taken advantage of what the internet has to offer and for good measure. Bloggers,  content writers and aspiring  armchair journalists have taken to cyberspace to air out views on certain issues. Lately, there has been a spate of negative reaction from netizens on the passing of Republic Act 10175 otherwise known as the Cyber Crime Prevention Act of 2012.  
What is it about?
In layman’s terms, the state recognizes the need for providing an environment for the development, advancement and optimal use of information and communications technology (ICT) and the need to protect and safeguard its use from all forms of misuse, abuse and illegal access. In this light, the state sees the need to combat and prevent these offenses by facilitating their detection, investigation and prosecution in both domestic and international levels.
My Reaction
I believe the government’s desire to take an active step in preserving the pristine intent on the use of cyber-space. For all intents and purposes, the internet was created to benefit the citizens of  the world as far as information dissemination, access to cyber-data, and security systems are concerned.
How often have we suffered from destroyed operating systems due to viruses lethal to our computer data? How many government websites have been hacked into as an offshoot of mischievous pranks? How many subscribers have been the victim of internet scams robbing them of their hard-earned cash? How many reputations have been besmirched from intimate videos posted on social network sites? The list goes on and on…
Upon reading the transcript of the law, I see nothing that would have merited such a violent reaction from the frequent users of the internet. Then again, when you look at the law, you
realize it was formulated in such a way that it is open to free interpretation. It was written in such loose legalese that it can be tweaked according to one’s own slant and purpose.
Salient Points
Repunblic Act 10175 indicates the following as crimes under section 4 of its provisions: a) offenses against the confidentiality, integrity and availability of data, b) computer-related forgery,  c) content-related offenses, d) other offenses. Under these four categories fall the specific crimes respectively:  a)  illegal access, interception, data and system interference, misuse of devices, cyber squatting; b) forgery, fraud,  and identity theft; c) cybersex, child pornography, unsolicited commercial communications, libel ;  d) aiding, abetting and attempting the commission of crimes.
I would have been content to take it all in stride except that under section 4 number c it becomes evident that an insertion made as libel was a direct offshoot of  one law-maker’s faux pas in his CONTRA Y TURNO speech. And this is the contention of most netizens in that had anyone ticked a facebook page against the esteemed senator, anyone could have been sued for libel.
No less than  Usec. Ed Sy of the Department of Justice defended the government’s position in saying that all efforts to prove an offender’s guilt must undergo legal procedure prior to action being taken.
The penalties involved herein must also be administered by the concerned authorities. The National Bureau of Investigation and Philippine National Police have been tasked to monitor such offenses and execute the arrest and implement the corresponding penalties. Given that these two government agencies are also susceptible to corruption, who will ensure that these agencies will conduct the investigations without prejudice? The agencies in question must be proven to be without blemish or unquestionably devoid of malice.
It is therefore with great relief that due to all the brouhaha the passing of  Republic Act 10175 caused , the Department of Justice has issued a Temporary Restraining Order for 120 days.




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