Cyber Crime Law Essay Example for Free

Cyber Crime Law Essay(a) Offenses against the confidentiality, integrity and availability of data processor data and agreements(1) Illegal Access. The access to the whole or either part of a computer system without right.(2) Illegal Interception. The interception made by technical authority without right of any non-public infection of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.(3) Data Interference. The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of vir uptakes. (4) System Interference. The intentional alteration or reckless hindering or interference with the functioning of a computer or computer intercommunicate by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.(5) Misuse of Devices.(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this go or(bb) A computer password, access code, or similar data by which the whole or any part 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 this Act.(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.(6) Cyber-squatting. The acquisition of a firmament name over the internet in bad faith to profit, mislead, destroy reputation, and strip others from registering the same , if such a domain name is(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name and(iii) Acquired without right or with intellectual property interests in it.(b) Computer-related Offenses(1) Computer-related Forgery. (i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or carryed upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible or(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a dishonest or dishonest design.(2) 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 Provided, That if nodamage has yet been caused, the penalisation imposable shall be one (1) degree lower.(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying teaching be to another, whether natural or juridical, without right Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.(c) Content-related Offenses(1) Cybersex. The willful 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.(2) Child Pornography. The unlawful or forbidden acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system Provided, That the penalty t o be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.(3) Unsolicited Commercial Communications. The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless(i) There is prior affirmative live with from the recipient or(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers or(iii) The following conditions are innovate(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.(4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which whitethorn be devised in the future.SEC. 5. Other Offenses. The following acts shall also constitute an offense(a) Aiding or Abetting in the Commission of Cybercrime. Any person who willfully abets or assist in the commission of any of the offenses enumerated in this Act shall be held liable.(b) Attempt in the Commission of Cybercrime. Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.