Project Management and the Cybercrime Law

Although the RA 10175 or the Cybercrime Law is currently in temporary restraining order for 120 days by the Supreme Court where it has drawn mixed reviews when it was enacted last October 2, one might wonder, what would be the impact of this law on Project Management. 

In the IT-Business Process Outsourcing Industry, Mr. Benedict Hernandez, president of the Business Process Outsourcing Association of the Philippines reportedly said that, "The Cybercrime Prevention Act will help sustain and enhance investor confidence and strengthen our position as one of the world's top locations for high-value IT-BPO services." He noted that IT-BPO firms rely a lot on the Internet and computer technology as principal channels of their communication processes. He believes that the industry will benefit from provisions of RA 10175 covering system and data protection, device security, and penalties for computer-related offenses.

If the IT-BPO industry would benefit from it, I think the same impact would be felt on Project Management through the same provisions that the IT-BPO were referring to. We all know that project managers rely heavily on computer technology and the internet in order to keep track of the projects that they were handling through scheduling, budget, email correspondence, etc. If these things were protected or secured, chances are, projects would be efficiently managed as well as boost confidence on the overall project management industry in the country.

So far, I find the law beneficial specially in any process-related applications that would undeniably help both government and the private sectors as well as gives confidence among foreign investors in the future. What I find objectionable is the libel or simply stated - “the unlawful or prohibited acts of libel defined in Article 355 of the Revised Penal Code (RPC) committed through a computer system or any other similar means which may be devised in the future. (RA 10175 appears to have strengthened libel in terms of penalty provisions; the electronic counterpart of libel has been recognized since the year 2000 when the E-Commerce Law was enacted)”. 

It was well said that one of the last resources where you could find fearless views and opinions is the internet. It is actually the last bastion of hope where you could find any ordinary Juan can take the internet as its mighty tool to exposed scandals and corruptions. Government projects for one, which is the reason why it is always being targeted for scrutiny. We would find corruption on each stages of the project, from the bidding process up to the final audit report. Every taxpayers are entitled to know if the money spent are handled well or not.

The government is again reviewing the law and hopefully, they should take into consideration the libel part of it. It is the first step where project management could be fully effective if not gain the trust of scrutinizing public where we find accountability and good governance would takes its shape for the benefit of the taxpayer’s hard earnings.

Cybercrime Prevention Act of 2012

Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, was signed into law on 12 September 2012.

CYBERCRIMES ENUMERATED

Sections 4-8, inclusive, of RA 10175 penalizes with imprisonment or fine, offenses committed online, which are now referred to as "cybercrimes."

These cybercrimes include:

1. Illegal access - the unauthorized access to a computer system or application.

2. Illegal interception - the unauthorized interception of any non-public transmission of computer data to, from, or within a computer system.

3. Data interference - the unauthorized alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, and including the introduction or transmission of viruses. Authorized action can also be covered by this provision if the action of the person went beyond agreed score resulting in damages.

4. System interference - the unauthorized hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data messages, and including the introduction or transmission of viruses. Authorized action can also be covered by this provision if the action of the person went beyond agreed scope resulting in damages.

5. Misuse of devices - the unauthorized use, possession, production, sale, procurement, importation, distribution, or otherwise making available, of devices, computer program designed or adapted for the purpose of committing any of the offenses stated in RA 10175, including an unauthorized use of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under the Cybercrime Prevention Act.

6. Cyber-squatting - the acquisition of domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same.

7. Computer-related forgery - the unauthorized input, alteration, or deletion of computer data resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or the act of knowingly using the computer data which is the product of computer-related forgery for the purpose of perpetuating a fraudulent or dishonest design.

8. Computer-related fraud - the unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent.

9. Computer-related identity theft - the unauthorized acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical.

10. Cybersex - the will engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

11. Child pornography - the unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system.

12. Unsolicited commercial communications (spamming) - the transmission of commercial communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: (a) There is prior affirmative consent from the recipient; or (b) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or (c) The following conditions are present: (aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source; (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and (cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

13. Libel - the unlawful or prohibited acts of libel defined in Article 355 of the Revised Penal Code (RPC) committed through a computer system or any other similar means which may be devised in the future. (RA 10175 appears to have strengthened libel in terms of penalty provisions; the electronic counterpart of libel has been recognized since the year 2000 when the E-Commerce Law was enacted)

14. Aiding or abetting in the commission of cybercrime - any person who willfully abets or aids in the commission of any of the offenses enumerated in the Cybercrime Prevention Act shall be held liable.

15. Attempt in the commission of cybercrime - any person who willfully attempts to commit any of the offenses enumerated in the Cybercrime Prevention Act shall be held liable.

Crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of the Cybercrime Prevention Act and shall be punished by one degree higher than the provided for by the Revised Penal Code or the special law.

CORPORATE LIABILITY

The law imposes the penalty of fine when any of the punishable acts defined in the Cybercrime Prevention Act are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person, provided, that the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person.

A fine is like wise imposed when the commission of any of the punishable acts have been made possible due to lack of supervision or control.

NOTE

Although petitions have been files with the Supreme Court assailing certain provisions of the Cybercrime preventions Act as contravening the Philippine Constitution, it would be best to heed the provisions of the law until such time as the Court rules otherwise.


Reference:
Office of the Network Ombudsman