By now, most of you might have heard of the Boy Bastos news and the search warrant made by the National Bureau of Investigation (NBI) on Mark Verzo’s house earlier. Mark is the owner of the site BoyBastos.com and also a blogger who owns a blog network. The portal is currently down as instructed by the authorities.
I won’t talk about any legalese here as I’m not in authority to discuss those issues. From my point of view, and having dealt with people from the NBI before on a similar situation, here are my tips to avoid the same treatment from them.
Yes, we can always claim freedom of expression and the lack of provisions in the penal code for such internet activities, still we can’t avoid the fact that bullying is one trick people in high places have mastered over the years.
This reminds me of an old and interesting movie — The People vs. Larry Flynt. Michael points to a link in the forums for more details.
So, who’s next?
YugaTech.com is the largest and longest-running technology site in the Philippines. Originally established in October 2002, the site was transformed into a full-fledged technology platform in 2005.
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Daniele Broxterman says:
Uncommonly exotic blog article.
Deborah @ Ohio 4G Wireless says:
Hi, just stopped by doing some research for my Ohio 4g site. Truly more information that you can imagine on the web. Wasn’t what I was looking for, but great site. Take care.
surfer says:
ITS ALL ABOUT ENTERTAINMENT!
ITS HOW YOU ACCEPT IT.
ThePinoyTUBE says:
Good article! Still can’t see what all the hoopla is all about – I still think Legarda went over the top on this one.
julia says:
i heard there are people planning to buy boybastos.com and turn it into a merchant website that sells filipino handicrafts & products
kiatkiat says:
DON’T VOTE MGA POLITICIANS BEHIND THE CURTAILMENT OF OUR RIGHT TO CHOOSE WHICH INTERNET SITE TO VISIT. MGA BWISIT SILA. Nawala tuloy c boybastos.
Mr G says:
Interesting comments, however I think the issues are starting to become blurred. IMO, this is what we’re looking at:
1) A man was “arrested/invited/questioned” for violating a non-existent law. A search warrant was produced for said man, based on said non-existent law.
2) The said man’s private property was confiscated, on the grounds that he is a “suspect” engaged in “criminal” activities of “sexual” nature, albeit the “crime” was supposedly committed online.
3) How can a “crime” exist when no law defines it as such? I cannot say it is illegal to enter another man’s home unless the trespassing law exists. With regards to the issue at hand – IF the said man was engaged in hosting and distributing pornography through the internet, why should be arrested + investigated + his private property be confiscated when he has not broken any laws? (Please bear in mind that his belongings have not yet been returned, nor is there a guarantee that IF they are returned, they would still be in working order).
4) In fact, shouldn’t said man be able to sue the government of the Philippines for trespassing, kidnapping, robbery, libel, and slander? Legally speaking, since he has broken no crime, the very basis for the search warrant is null and void (this is of course, assuming that the basis for the search warrant was peddling pornography online), which makes the entire situation a series of illegal acts on the part of the Philippine Government!
5) Isn’t it amusing that by using an example/scapegoat, the bill being pushed by the senator in question suddenly became a priority?
In the end, I shall say this:
I am not defending Mr. Verzo, far from it. In fact, I can sympathize with the many parents out there who would like to see legislation enacted with regards to apparent ease of access with regards to online smut. I know how they feel, I have a daughter who I love and try to protect as best I can.
HOWEVER.
I am a firm believer in the line of thought which says: “If you cannot be responsible, don’t blame the product of your irresponsibility on others.”
There are hundreds of 3rd party software available which does exactly what parents need for their impressionable children – they filter out content unsuitable for minors. Most modern internet browsers even have them installed on default.
The issue I have with this whole mess is the fact that we have a small group of people (who do not have enough knowledge of how the I.T. industry works) that are trying to regulate it as how they see fit. Could you imagine the repercussions if this is simply ignored? It is tantamount to having Fire safety laws drafted by people who do not even know that gasoline fire can be put out by (wet) sand.
It will be a big and ugly mess of haphazard legislature. Imagine if the law that Sen. Legarda had drafted requires ISP’s to filter out smut content? Again, with no real defintion of “smut”, that leaves an incredibly disturbing grey area – so who defines what is “smut”? The government? The ISP? The judiciary? A committee?
Tsk.
Maybe the blogging community should start voicing out? Maybe along the lines of: “We are intelligent adults, and any regulation that requires the filtering and censorship of information should be first carefully studied, debated, and discussed.”
Amen? Amen.
Jamie Dy says:
How can they arrest him when the site is hosted from a foreign country?..
even if there was a law regarding his site in the Philippines, it should only apply to locally hosted sites.
Thats why there are servers that’s located in some countries thats allows porn, gambling, and warez to be hosted.
i wonder which site is next?
iyottube.com
uploads.ph
pinoyspy.net
what else?
Reyna Elena says:
John CC,
Egg-saktimo. Bottom line is somebody got pissed and started to bully somebody! That wasn’t very presidential, ai’nt it?
Well, let’s see what happens next if HER intent was truly pornography regulation!
mocs says:
JC John, I completely agree with you.
Who is next? and When?
JC John SESE Cuneta says:
The problem with ALMOST ALL Filipinos is that:
1) They always think the Philippines is 99.99% corrupt and so:
2) We have “useless” laws, that are:
3) Not implemented by the authorities.
4) We are on a democratic country, and
5) We have laws about Freedom-of-Speech and Human Rights.
Been telling as many people as I can that these kind of mindset is wrong and if they don’t lie low, they are only inviting the people with connections, power, and money, including the Law itself to their doorsteps, no, lives.
This incident is one example.
I wasn’t even surprised with another incident where a home torrenter was arrested a year ago. It wasn’t on the news because the torrenter got connections.
So I agree with what was posted especially:
All I can say is this: This incident simply gave the “group of people” more evidence why Bloggers should be controlled in this country. The fight is becoming even harder.
Seriously, bloggers should start gathering together to discuss this matter. Blog-censoring like it is in our neighboring countries is just around-the-corner.
Btw, you forgot to include one important tip: Change your writing style and choice of words.
micketymoc says:
I don’t know what Mark Verzo did to Loren to aggravate the situation – ginatungan siguro nya ang loka… but here’s my take on the situation.
Gratuitous offensiveness is counterproductive. But firm defiance is called for here. Yuga is partly right that we shouldn’t be insulting or taunting… I think there’s a place for being insulting or challenging to politicians like Loren. But only if some good can come out of it, if this can kickstart a productive dialogue about “obscenity” in society. If you’re just insulting her to feed your ego, no thanks.
reyna elena says:
Mocs,
I agree with you!!!
In my case, somebody is trying to taunt me by posting a comment and leaving the senator’s signature and i know that the senator won’t even spend time in my blog. Someone is out there to taunt!
http://reynaelena.com/2007/09/10/loren-legarda-is-that-you/
mocs says:
There is something wrong here, IMO. I feel Loren is somewhere here doing damage control…from possible ire of bloggers and webmasters.
” Don’t insult or taunt Loren, or anyone with political power, authority, clout or influence for that matter.”
I guess this won’t be heard by bloggers with balls and backbones, IMO.
Abe Olandres says:
I just asked 6 independent practicing lawyers, 5 of them says there’s no apparent sign he was indeed arrested. The other says it could be a warratless arrest made during the execution of the seach warrant.
reyna elena says:
No NEED for lawyers Micketymoc! (Numero TrentaDos), we could just invite SOME ANGELIC explanations instead of retreating from the dark corners of twitter and indulge in character assasination – u know what i mean?
I am pissed at those wannabe ANGELS!
micketymoc says:
“I had several mugshots and fingerprints with the NBI too. It was not for an arrest warrant but for travel clearance.”
As Cat has already explained here, a mugshot is highly irregular if you’re just there “by invitation”. Maybe we should get more lawyers’ opinions on this before we rashly conclude that fingerprinting and mugshots are SOP for those who are invited for questioning.
elmer says:
They actually allowed porn ad on primetime TV here http://www.pepster.net/2007/08/23/dance-group-brand-name-gone-bad/
c5 says:
Porn is prevalent…and it’s a choice.
Even before the internet, the tabloids conquer the porn world.
It’s flaunted on the streets where all walkersby feast on it in the form of pirated DVDs and VCDs.
The internet is out of control. The streets should be the ones controlled…but the government cannot do what needs to be done. VRB is weak. The local government is weak. One time I saw the VRB group raided a streetful of pirated discs…but what happened? Did they solve the problem? No! The next day, it’s just like the previous day, only, VRB is somewhere else…THERE SHOULD BE VRB IN EVERY LOCALITY TO MAKE THIS WORK.
As for the internet, no one can stop it! The poison is there but every responsible person will not take that poison! The family, the parents, should be the responsible ones KEEPING THE POISON AWAY FROM CHILDREN!
IF NO ONE WILL ENTERTAIN porn sites, will it stay? THE FACT IS A HEFTY LOT DO WANT THOSE PORN SITES!
ANOTHER FACT IS the accused and the accuser are getting free airwaves…but it is the aspiring president of the Philippines is riding on the popularity of the other.
Both of them are wrong. But what are we going to do about it?
If she concentrated on making the Meralco PPA lower, perhaps she would be President.
That’s what I think.
Abe Olandres says:
I had several mugshots and fingerprints with the NBI too. It was not for an arrest warrant but for travel clearance.
bluepanjeet says:
@ Reyna Elena – LOL LOL LOL ROFL. What a witty queen you are LOL (as the robot says: Clap Clap Clap!!!
reyna elena says:
Well Noemi, dahling, do we have any other definition of ARREST and INVITATION?
here’s the link: http://www.basapa.com/a-duck-by-any-other-name/
I think MUG SHOT equals ARREST. Can you check your legal binders?
I like the duck explanation better! :-)
BrianB says:
Op,
Go to megamall, 4th floor, maraming smut doon. Painted pictures of totally nude women, maski bata pwedeng tumingin. Fifty years ago, a Filipino writer was put in jail because she wrote about a lewd act in her short story. It wasn’t even that graphic. Until now, there was no court decision to reverse that.
My point is, the arrest was dictated by a Senator who got pissed. As for values and immoral conduct and obscenity. I’ll have you know, it takes a priest and a high-ranking public official to dictate what is obscene. Ikaw, ako, si Abe, lahat tayo di pwedeng mag paaresto nang taong bastos, maski obvious na bastos pa sya.
At Pp3 inulit ulit mo lang ang argument at hindi mo naintindihan ang argument ko. Tagalugin ko na lang: Loren is a responsible Senator and has to act responsibly and not confuse complicated issues like Internet porn. Hell, she’s supposed to champion cyber laws in congress. When she had Verzo arrested, she wasn’t acting responsibly, and she confused issues. It’s even been made more confusing by the NBI who “arrested” “invited” Verzo when Verzo wasn’t supposed to be “arrested” or “invited.” May bagong law din dapat dito sa mga invitation-invitation na to. Dapat may lawyer talaga even if you just accepted the invitation at walang arrest. (I don’t understand why Verzo’s mother let the NBI take her son.) Wala ngang arrest eh, ba’t ka sasama?
Laws regarding Internet publications have yet to be pushed to Congress (for example, eh kung may welcome page naman ang adult site). Law regarding obscenity have yet to be clarified (we are a Catholic nation and hence everything that is immoral and obscene to Catholics is illegal. Tama ba to sa inyo?). Article 201 is a stupid law. Ginagamit lang yan nang mga pulitiko at mga nanghihingi nang “tong.”
Lastyly “But at the end of the day, a woman is violated.”
Maybe you should watch more porn as you are confused. If you’ve ever seen prostitutes begging a foreigners to pay them for sex, you wouldn’t say that a woman is violated in prostitution or in porn. I don’t know if you’re a woman Op3 but don’t ever presume to speak for all women.
reyna elena says:
Noemi, it’s not an ARREST, just being “INVITED”, who are we fooling here? It’s like saying – it’s not a PARTY, it’s just a GET TOGETHER.
LET ME ASK YOU AGAIN? WHAT WAS THE CRIME?
FACT of the matter is LOREN was pissed that’s why she got HIM ARRESTED… eerr “INVITED”.
Trying to test the waters??! Must be so nice to feel the POWER, eh?
noemi says:
@reyna elena- read yuga’s entry carefully on http://www.yugatech.com/blog/blogosphere/here-lies-the-misinformation/
There was NO ARREST.
Junelle says:
wala bang magagawa ang mga blogger about dito? wala man lang bang support? petition for boy bastos – Mark Verzo?
reyna elena says:
noemi, sweetheart: trust me, i lost a lot of friends during the dictatorship but a senator ordering the arrest of anybody is very reminiscent of martial law egalement dictatorship.
i understand there is search warrant: sure there was a warrant, but explain to me sweetheart coz i just don’t git it what was HIS crime? he pissed off Loren?
also: who are you? are you LOREN LEGARDA?
you blanketed the internet with your trackbacks to the warrior lawyer – you must must just be looking for traffic?
noemi says:
@reyna elena- honey, I assume you know what a dictator is. I live through 14 years of martial law (I’m 50 now) and the dictator (from 1972 till 1986) didn’t even have a search warrants to confiscate things/search from suspected communists or subversives. Mark was not even arrested. He was just invited for questioning.
News reports said there was a search warrant
http://www.gmanews.tv/story/59587/(Update)-NBI-nabs-boybastoscom-alleged-operator-in-Ayala-Alabang-raid
reyna elena says:
i’m not going to defend boy bastos although i have already seen big named people in the US taunt George Bush but here, i believe the issue is that how could Loren just order the arrest of anybody for that matter just because it pissed her off? isn’t that very martial lawsh? she’s already acting like a dictator! is this what we’re going to see once she becomes a president? this should scare the shit out of us! you just can’t order an arrest to anyone when there is no crime – that’s the least that in know even if i am not a lawyer. i think that’s the real issue – loren’s being a dictator!
op3r says:
[quote]People who say or imply it is Verzos’s fault do not get it: Verzo is irresponsible, we know it, everyone knows it, even his own mother knows it. But he is not supposed to the responsible one, Legarda is. Tsk.
[unquote]
youre the one who dont get it. fhm/maxim/and what ever mens magazine out there is not equals to bangbus/bangthumb/maria ozawa porn (I watch them too and youporn is actually nice now.). He created the site, he have the full responsibility of what he did. Or we can claim the devil made him do it.
[quote]
Where I come from you don’t blame the weak, you blame the strong. Loren is being a bully. She is undermining freedom of speech, blurring the lines and being a hypocrite. Verzo didn’t do anything wrong and to arrest him blurs the distinction of what is truly illegal and what is not. The Internet is something altogether very new for our police. To “police†it against illegal activity (e.g. child prostitution) it helps to think like a pioneer, wherein you are trying to crystallize a vague law while enforcing it. The last thing she wants is to scare away potential helpers in fighting cyber crime from the blogging community. Ibig sabihin, sa ginawang ito ni Legarda, karamihan sa blogging community magiging kaaway nya, at ang mga totoong kriminal mapapabayaan.[unquote]
Bullcrap. You dont blame the weak but you blame the strong? Mark Verzo didint do anything wrong? Loren is a bully? and Mark Verzo just fought back? and now the dude who’s peddling porn is a hero? and dont go talking about the freedom of the speech thing. Porn is a murky business. It really do violate woman’s rights. I got sisters. Porn really did help the internet, they are the pioneers who pushed the envelop for the success of the internet. But at the end of the day, a woman is violated. That kind of mentality you have actually help perpetuate people to commit a crime and later hide to people like you.
[quote]
The problem here is that the opinion of the community is dictated by the elite. Whether they be priests, politicians, TV personalities or newspaper columnists. The fact that there was a warrant but no apparent crime undermines the purpose of the law, any law. Because it was “ordered†by a Senator, signed by an unnamed judge and then nothing came of it because the NBI had no law to enforce… this will affect any future cyber laws that will be passed in this country. Was there even a restraining order? Why confiscate private property, why shut a site down. What was the basis? Everything vague, vague, and from a Senator who’s supposed to champion a much-needed Internet bill, a law maker, period.[/unquote]
The reason for the outrage? He was selling porn. He got caught, Loren got irked. She asked to have it shutdown, Mark Verzo had the veracity to taunt. Loren used her mojo. Who lost?
As for the reason why? Im gonna quote warriorlawyer
[quote]
But what are “contemporary community standards†? Simply put, these are the prevalent norms within a given community. A legal determination of what is “prurientâ€, “patently offensiveâ€, or lacking in “social, literary, artistic, political or scientific value†and what the local community standards are – rests squarely in the hands of Philippine courts. And Philippine courts are bound to be conservative, particularly if it concerns the internet, where few of the magistrates are familiar or comfortable with. Thus, if we apply contemporary Filipino cultural values as standard, I am sure the courts will err on the side of upholding traditional norms. In the Pita ruling, the court emphasized that
“there is no challenge on the right of the State, in the legitimate exercise of police power, to suppress smut provided it is smut.â€
What then is the proper definition of smut ? The question of what is obscene has bedeviled jurists for decades. In the end, I suspect we will end up with the phrase made famous by Justice Potter Stewart in Jacobellis vs. Ohio, wherein, being unable to define obscenity, he exclaimed as a working definition:
“I know it when I see itâ€.
It is therefore safe to say that the community knows obscenity when it sees it. Hence, the actions taken to shut Boy Bastos down. [unquote]
Peace. ito lang po ang aking opinyon sa bagay bagay. Hindi po ako nagmamalinis dahil nanonood din talaga ako ng porn. Pero wala akong amor o respeto sa mga taong ayaw mag own up sa kanilang mga naging actions.
Miguel says:
No, we’re not under martial law.
During martial law, Macoy allowed (or promoted?) sexy films, which redefined English by giving a new meaning to “bold.”
The Filipino Entrepreneur says:
I remember what I heard from my previous Swiss employer “Only in the Philippines”. Marami na nga tayong problema sa pinas: Poverty, Crime rate, Domestic helpers abroad being abused, etc. etc. etc. pero my time pa mga politician dito. For example yung Wowowie pati senate nag-imbistiga. Tsk. tsk. tsk.
BrianB says:
“It is therefore safe to say that the community knows obscenity when it sees it. Hence, the actions taken to shut Boy Bastos down.”
The problem here is that the opinion of the community is dictated by the elite. Whether they be priests, politicians, TV personalities or newspaper columnists. The fact that there was a warrant but no apparent crime undermines the purpose of the law, any law. Because it was “ordered” by a Senator, signed by an unnamed judge and then nothing came of it because the NBI had no law to enforce… this will affect any future cyber laws that will be passed in this country. Was there even a restraining order? Why confiscate private property, why shut a site down. What was the basis? Everything vague, vague, and from a Senator who’s supposed to champion a much-needed Internet bill, a law maker, period.
People who say or imply it is Verzos’s fault do not get it: Verzo is irresponsible, we know it, everyone knows it, even his own mother knows it. But he is not supposed to the responsible one, Legarda is. Tsk.
noemi says:
Freedom of Expression. Maybe not so…
http://thewarriorlawyer.com/2007/09/09/freedom-of-expression-boybastoscom/
noemi says:
@kevin – Even if your site is hosted outside the country, the datacenter can still shut down your site upon presentation of a court order. The TOS is flexible. A site can be shut down at the discretion of the webhost, datacenter etc.
Kevin Yapjoco says:
The bottomline is that you should have your website hosted in similar hosting providers that The Pirate Bay uses or in the US in the state of California. If the site is physically hosted in the Philippines, the hosting provider can be liable. The internet might be where everyone roams free, but laws still apply in their jurisdiction. My advice for lewd content, register in California. ;)
brVince says:
Challenging ito a… how about just blog about the poor people or crimes here in the philippines? or baka later on, bawal na rin yan; kaya the government is trying to create a kind of “media”(?) to uplift the situation of the philippines…
Goe D says:
This is a good example that we don’t need to insult people with authority – whether it is a joke or you are serious. If you want to run a business, be a businessman. If you only want a hobby, be careful – make sure this hobby will not put you in jail. All in all, good job on pointing out some impt. thingy on running a site, Okidocs!
Nikko says:
Curious also, pano ung FHM adult mags un ah!hlabag din ba sa pornography bill.
may post nga rin ako bout dito eh..haha.
BrianB says:
“NBI operatives searched the house of suspected operator Mark Verzo, whom they believed earned some P2,600 a month from advertisements on his site.”
Hik, hik, hik…
Vic says:
Thanks for the tips. I will keep them in mind.
BrianB says:
“I mean you dont go on a pissing contest with a popular senator in your country. You can give the finger to our president but not with popular senator or a possible future president.”
Where I come from you don’t blame the weak, you blame the strong. Loren is being a bully. She is undermining freedom of speech, blurring the lines and being a hypocrite. Verzo didn’t do anything wrong and to arrest him blurs the distinction of what is truly illegal and what is not. The Internet is something altogether very new for our police. To “police” it against illegal activity (e.g. child prostitution) it helps to think like a pioneer, wherein you are trying to crystallize a vague law while enforcing it. The last thing she wants is to scare away potential helpers in fighting cyber crime from the blogging community. Ibig sabihin, sa ginawang ito ni Legarda, karamihan sa blogging community magiging kaaway nya, at ang mga totoong kriminal mapapabayaan.
Miguel says:
Yes it must be it. Alexa says boybastos is #124 now in the Philippines.
BrianB says:
Yep,
without connections you can spend years in jail waiting for justice. Might as well be a high profile rich criminal than a borderline geek criminal
Nikko says:
Hindi kaya ang site na tinutukoy nya jan eh ung boybastos?
Source: http://thoughtsinbinary.com/?page_id=2
“In 2006 one of my sites reached the Top 100 Philippine Sites in Alexa’s rating. I will keep that site secret from this blog because God might see that I created that site and it might cost me my ticket to paradise.”
______________________________________________
Pano kaya ung ibang porn site na blog, magiging lesson na kaya sa kanila ang nangyari kay BoyBastos?
youngmaze says:
ganda po advice mo…!!! magawa po yan mga yan!!!
op3r says:
It was easy tracking mark verzo. His domain resolves to bembang and it all falls in line. He is even hosted at softlayer. He could had gotten away if he just keep his mouth shut. I mean you dont go on a pissing contest with a popular senator in your country. You can give the finger to our president but not with popular senator or a possible future president.
I still cant believe he took the word boy bastos seriously. It wouldnt had escalated to that level if he put some disclaimer on his site or just shut it down for about a week until loren is finished with her expose and move on another thing. Loren got mad because the dude didnt shut up and went all geeky and thepiratebay mentality. One piece of advice, you are not in a european country where they take good care of their criminals. You are in the philippines. and you deserve what you got.
I have dealt with the NBI before (back when they dont even have a computer fraud division) Its not that much pretty. When under their custody be respectful but not to the point of incriminating yourself. Always answer with po and opo. You can engage in a chitchat with them but do not chitchat about the crime. They will respect your rights as long as you respect them first. Remember most of them are lawyers/accountants, so they know some social engineering though. or better DO NOT TALK UNTIL YOU HAVE A LAWYER WITH YOU.
Miguel says:
I guess he went on to explore the other meaning of “bastos” – being rude :) And got something!