Anti-Cybercrime Bill gets Senate approval

The Senate finally approved their own version of the Anti-Cybercrime Bill (Senate Bill 2796) earlier today. The bill provides for penalties of Php200,000USD 3,408INR 288,920EUR 3,246CNY 24,820 to Php1.25USD 0.02INR 2EUR 0.02CNY 0.16 million and imprisonment of up to 12 years.

Here are the offenses covered in the Senate Bill 2796.

I. Offenses against the confidentiality, intergrity and availability of computer data and systems (illegal access, illegal interception, data interference, system interference, cyber-squatting, misuse of devices).

II. Computer-related offenses (computer-related forgery, computer-related fraud).

III. Content-related offenses (cybersex, child pornography, unsolicited commercial communications, libel).

This bill will certainly affect operations of a number of websites and online services in the Philippines.

The provision for spamming includes the following.

Advertising and selling products or services via the Internet without the consent of the recipient will likewise be fined of Php50,000USD 852INR 72,230EUR 812CNY 6,205 – Php250,000USD 4,260INR 361,150EUR 4,058CNY 31,025. Violators could also face imprisonment of one month and one day to six months.

This will affect all those real estate brokers sending out emails for new properties, insurance and credit card companies offering loans over email and those sending out mass emails saying “I’m selling my 2nd hand gadget…”.

This could also apply to those using Facebook to send out messages to their network or tagging people with the purpose of advertising or selling items.

Bloggers and website owners can be also liable under the cybersex provision of this bill.

The willful engagement, maintenance, control, or operation, directly or indirectly, or any lascivious exhbition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

This could mean the end of sex scandals on the web (as it could punish all those who share, blog or post any sex scandals). Are we going to say goodbye to Flesh Asia Daily?

That’s on top of the internet libel clause.

A new group — called the National Cybersecurity Coordinating Council — will be formed under the Office of the President to implement all these.

Abe Olandres

Abe is the founder and Editor-in-Chief of YugaTech with over 20 years of experience in the technology industry. He is one of the pioneers of blogging in the country and considered by many as the Father of Tech Blogging in the Philippines. He is also a technology consultant, a tech columnist with several national publications, resource speaker and mentor/advisor to several start-up companies.

https://www.yugatech.com

46 Comments

Nick Dael says:

13 years ago

whoopsie daisy, pilipinas
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budflick says:

13 years ago

nice bill if implemented. especially those so called “marketers” that offer “free sms” websites for the sole purpose of gathering their mobile numbers for 3rd party purposes (sms marketing, sms broadcasting, etc). I was once a victim of a marketer from makati, he made me to create a program for the exchange of a work in his office. but after he got my software he said its just “kinapalan ang mukha”. what a scammer. and when i tried to make a post about him he then cyber bullied me that he can reverse the issue and give me a libel case instead. it made me realize not to make deals online. we never again met nor communicate after the incident and i think he had abandoned the free sms program. lucky for me i saved our ym conversations in the event worse happen.
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trixie says:

13 years ago

yuga, what does this mean?

This will affect all those real estate brokers sending out emails for new properties, insurance and credit card companies offering loans over email and those sending out mass emails saying â€œIâ€™m selling my 2nd hand gadgetâ€¦â€.

— will it affect consumers who just wish to sell some of their old stuff?
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Abe Olandres says:

13 years ago

This will make spamming a crime and affects everyone who sends out emails with the intent of selling without prior consent.

budflick says:

13 years ago

@trixie i think its not per se. its not a crime to sell your old stuff. but selling old stuff to users whom you got emails from a database of email/sms marketers – its called spamming and thats a potential crime (if implemented).

you see theres a distinction of “pure service” to “hoax service”.

there are websites that lets you send free sms but your number is not being saved.

there are a LOT of sms websites that lets you send sms and RETAINS your number for marketing purposes and those websites asking for your emails for “free promos and support”. (of course they will use other #/email so you wont suspect from whom the text/email came from — thats what i learnt from my conversation to a marketer). then after a couple of weeks you get surprised you are being offered with condo unit at d’fort or a website link of another spam.
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trixie says:

13 years ago

Ah! Got it. Thanks! :)

JKisaragi says:

13 years ago

“This could also apply to those using Facebook to send out messages to their network or tagging people with the purpose of advertising or selling items.”

Correct me if I’m wrong here but I think accepting a friend request (or liking a page for that matter) is tantamount to providing consent. Hence, the one who’s accepting the request is assumed to know that upon acceptance, he/she could be subjected or exposed to all of the posts or status updates of that person, and those may include the Advertising or Selling of items.

Sir Abe, do you have a full copy of the bill? Or is it already available online? Hirap hanapin eh. Mag-advanced reading lang sana. :)
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Jerome says:

13 years ago

Read the bill here: http://www.senate.gov.ph/lis/bill_res.aspx?congress=15&q=SBN-2796
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JKisaragi says:

13 years ago

Ayun! Thanks Jerome. :)
David Zandueta says:

13 years ago

Ayan. I’ve been looking online for a copy of that bill, salamat.

Before the next person comments on this, it might help to read the bill in its entirety muna. It can be tiring, but it helps to comprehend something better before commenting on what might not necessarily be fully understood.

Richard Noromor says:

13 years ago

Hi yuga! I would like to ask, what will be the effect of this bill on the status of eCommerce in the Philippines. Thanks!
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budflick says:

13 years ago

will this mean that the advertisements on website will have a “opt out”/notice. aww i think i need a blog ads makeover after reading the bill lol .
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mrloo says:

13 years ago

I agree with the sex scandals, but promoting your own business on Social Networking such as Facebook is prohibited? That is absurd!
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budflick says:

13 years ago

sabi section 4.c.3 ganun eh… ung ads dapat may opt out / reject, hindi naka disguise, at may consent sa user. eh pano pala ung blogs na merong inline ads at saka may mga ads dapat i explicit ba na “this is advertisement”?

Iyan Sommerset says:

13 years ago

Sounds like a trying-hard, all-encompassing bill that doesn’t really understand the specifics of what they broadly define as “cybercrime”.

Which leads to…when has cyberSEX *ever* been a crime? Last I checked, we weren’t a Muslim country governed by Sharia Law. The way I understand it/the way the law sounds written, can you be prosecuted for just being naked on cam with your boyfriend/girlfriend? If the answer if “yes”, then that provision is too broadly-written.
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budflick says:

13 years ago

the posession i suppose, just like sen.revilla said about the ramgen scandal. its like china over here. internet censorship everywhere. even posting your personal opinion can put you to jail. tsk tsk.