-Daniel Owiti. Like all things, this computer misuse and cybercrimes law has both its advantages and disadvantages. Home Tags The pros and cons of cybercrime law in the Philippines. In fact, the same report quotes an ICT expert Godfrey Osotsi saying that.” It is estimated that annually, the whole World losses about Sh60 Trillion (through cybercrimes).”, Another advantage of this contentious law is that it will greatly reduce cases of fake news. To date, the focus of cybercrime laws around the world has largely been on criminalisation — creating new offences or adapting existing offences to address the challenges of cybercrime.24However, this is merely one aspect and from its inception theConventionsought to provide a comprehensive response, addressing issues of substantive offences, procedural laws and international cooperation.25 With the stiff penalties in place, many people will think twice before publishing unverified news. 1. Business on the internet are protected with this law. If it’s defamatory and it’s malicious, then it’s libelous. Coronel, “The content kasi of the communication is defined under the Penal Code. “Cyber crime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime” (13). Protects the people from cyberbullying. 4. The IT Act 2000 attempts to change outdated laws and provides ways to deal with cyber crimes. flows freely among people. Secured E-commerce for Setting Online Business. Cybercrime Prevention Law aims to combat computer-related offenses such as hacking, child pornography, and even online libel. Nevertheless, most people look first to the Law for protection. 2. 2) Protection against data from theft. Many people have been conned through the internet. In direct response to the difficulties faced by law enforcement agencies in investigating cybercrime incidents, the Act gave greater authority to the PNP and NBI to engage in warrantless real-time collection of anonymized traffic data as well as the explicit authority to secure warrants for the interception of all types of electronic communication. And if abused this way, then the law will ultimately oppress journalist, freelancers, bloggers etc. What will stop that politician from accusing the journalist of spreading fake news and propaganda and use the law to “teach” the journalist a lesson? To give legal recognition for keeping books of accounts by bankers and other companies in electronic form. It sends some chilling signals down the spine. Our innovative platform allows you not just to discover untold stories but also write your own. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by … Many people have been conned through the internet. Government and business also take advantage of opportunities for economic development through increased use of information technology. * Companies shall now be able to carry out electronic commerce using the legal infrastructure provided by the Act. The law contains harsh penalties for those who will be found guilty of computer misuse and cybercrimes. * Digital signatures have been given legal validity and sanction in the Act. Now, can the news be classified as fake? It prompts one to halt his or her internet activities and re-examine oneself.Â, Like all things, this computer misuse and cybercrimes law has both its advantages and disadvantages. The concept of jurisdiction pertains to which agency or court has the authority to administer justice in a particular matter, and to the scope of those agencies' and courts' authority. First, with cybercrime involving at least 20 federal departments and agencies, 18,000 state and local law enforcement agencies, and numerous private companies, the White House needs to be involved to cut through bureaucracy, manage partnerships and set an agenda. They have lost hard-earned money in a click of a computer mouse. Benefits and Advantages of RA 10175. Cybercrime Cybercrime is a low-risk, high-return criminal enterprise in which individuals and groups of actors leverage cyberspace for financial gain or other malicious ends. The generations of cybercrime can be summarized as follows:- 4.1 Telephony-based offending In the past, criminals used telephony technologies to commit crime. In fact, the same report quotes an ICT expert Godfrey Osotsi saying that.” Everybody can agree with this statement, but that’s just about all that is agreed upon. Provisions in the law punish cybersquatters. * The Act enables the companies to file any form, application or any other document with any office, authority, body or agency owned or controlled by the appropriate Government in electronic form by means of such electronic form as may be prescribed by the appropriate Government. Get to know the Philippine Cybercrime Prevention Act of 2012. MANILA - Blogger Janette Toral admits there are benefits to the Cybercrime Prevention law. According to the news, the governor was taking a selfie while the bridge collapsed but in a quick rejoinder, the governor made it clear that he was not taking a selfie. Another disadvantage of the computer misuse and cybercrimes law is that it is prone to misuse, especially by politicians. Tell Hivisasa and we will share with the world. * The IT Act also addresses the important issues of security, which are so critical to the success of electronic transactions. Others topics. In response, legislation is taking two … The AFP sees the increasing use and dependence on technology as one of the major influences on the domestic and international law enforcement operating environment. This is why we've created Africa's first crowdsourced news site. As people increasingly conduct business and live their lives online, more and more criminals are leveraging the internet to steal. * From the perspective of e-commerce in India, the IT Act 2000 and its provisions contain many positive aspects. Which part, exactly, is fake and which part is true? IT The law concerns not only incidents of cyberbullying, but also other instances similar to that. Cybercrime is increasing and something needs to be done about it. * Under the IT Act, 2000, it shall now be possible for corporates to have a statutory remedy in case if anyone breaks into their computer systems or network and cause loss. It helps organize data and information in a better way and it has much more computing and calculating power than human. He or she might see as if he or she is being portrayed in a bad light even if the news is true. As a disadvantage, this law may lead to the conviction of innocent Internet users, especially bloggers. The IT tribunal is headed by the District Court Judge and has 3 members. Tag: The pros and cons of cybercrime law in the Philippines. 2. Sources of substantive law include statutes and ordinances enacted by city, state, and federal legislatur… Substantive law defines the rights and responsibilities of legal subjects, which include persons, organizations, and states. I would like to share with you some of the advantages of cyber crime please have a look below - It can protect your business; Protect your personal info; Allows you to work safely; It also protects productivity; It helps automate various tasks; Organize data and information in a better way; It may be the storage of important data and files. Costa Rican officials analysed and made suggestions regarding a new draft law on combating cybercrime. Cyber crime affects society in a number of different ways, both online and offline. Firstly, the implications of these provisions for the e-businesses would be that email would now be a valid and legal form of communication in our country that can be duly produced and approved in a court of law. To make more power to IPO, RBI and Indian Evidence act for restricting electronic crime. Jurisdiction can be based on a number of different things:Because these systems are separate, a person can be charged, tried and acquitted under state law, for example, and then charged, tried and convicted under federal law for the same act, without incurring double jeopardy. Amendment Bill 2008. A journalist may write an incident which will not go well with a certain politician. 1. Advantages: 1) Protects system against viruses, worms, spyware and other unwanted programs. These advantages are grouped together on the security platform, Panda Adaptive Defense. Cyber law provides legal protections to people using the internet. Some types of cybercrime are difficult to prevent, however, technology users can take certain actions to protect themselves (to an extent) from cybercrime. How about the Advantages of that law? ses damages or copies data. The articles you choose to read on Hivisasa help shape the content we offer. 3) Protects the computer from being hacked. 3. Cybercrime has been on the rise for years. On Wednesday last week, President Uhuru Kenyatta signed into law the computer misuse and cybercrimes bill 2018. We need such laws so that people can perform purchase transactions over the Net through credit cards without fear of misuse. Tech knowledge for government will be lift up to combat cyber crimes such as hacking and theft. This makes it illegal to state falsehoods about a person or business online. This is because internet technology develops at such a rapid pace. Amendment Bill 2006, IT but before I will discuss what is the advantage and… You have contributed to my success as a writer. You read it right, Republic Act 10175 includes online libel. At Hivisasa, we believe that societies function best when information Cyber crime is the latest and perhaps the most complicated problem in the cyber world. Criminals take advantage of technology in many different ways. What is Cybercrime? The both look into all cases related to computer crime and the cyber crime. Is there information that you would like Kenyans to know? According to a report on the same published by the Standard on May 16th, “a person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Sh5 Million or to imprisonment for a term not exceeding two years, or to both.”, The report further quotes some sections of the law which states that,” if one unlawfully obtains data or perform a prohibited act in order to gain access to critical data with the intention to directly or indirectly benefit a foreign state against the Republic of Kenya, commits an offence and is liable, on conviction, to imprisonment for a period not exceeding twenty years or to a fine not exceeding Sh10 Million, or to both.”, For one reading the content of the bill, now law, he or she cannot fail to notice the heavy penalties. Besides, cybercrime becomes more organized and seek to take advantage of those using internet services in recent years. Advantages and Disadvantages It helps automate various tasks that cannot be done manually. advantages and disadvantages of RA 10173 and RA 10175 on our country’s e-Commerce security infrastructure, especially on the e-entrepreneurs Many discussions and argument have been made to explore what is the effect of the CYBER CRIME LAW here in the Philippines. CONTENTS History of Cyber Crime 2-5 Introduction to Cyber Law 6-7 Categories of Cyber Crime 8 Types of Cyber Crime 9-11 Who are Cyber Criminals 12 Cyber Crime in India 12-15 Need of Cyber Laws 16-17 Cyber Laws in India 18-22 Arrest and Report Under IT Act 23 Conclusion 24 1 2. One advantage is that it will reduce cybercrimes. Three Major Categories of … Cyber law is one of the newest areas of the legal system. Fake news may appear funny to those who are not directly affected but to the victims, it causes not only trauma but it also affects their reputation. “Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cyber crime”(12) A generalised definition of cyber crime may be ” unlawful acts wherein the computer i… Cyber Sex and Cyber Bullying is now a crime and punishable. That is why President-elect Biden must both name a national cyber director (NCD) and provide her with the resources and … The remedy provided by the Act is in the form of monetary damages, not exceeding Rs. The main disadvantage of the cyber crime laws in the Philippines is the inclusion of libel as part of the law. Thank you for reading my article! The internet in India is growing rapidly. One advantage is that it will reduce cybercrimes. Following are the advantages of cyber laws 1. An illegal act needs to be clearly described in and prohibited by law. We have read the news of deaths of popular persons only to for the truth to later come out. This statute would modify and reform certain articles of the penal code, the criminal procedure code, and a third law addressing criminal procedure and investigative measures. This includes both businesses and everyday citizens. Provisions in the Cybercrime Law are meant to protect individuals and groups from libellous claims that are meant to attack them. Advantages of Cyber Laws. To stop computer crime and protect privacy of internet users. The definition of fake news should be made clear. Bukod pa sa one-degree higher na parusa ay maari ka pang makasuhan ng dalawang beses—sa ilalim ng orihinal na libel law at sa ilalim ng Cybercrime Law. They have lost hard-earned money in a click of a computer mouse. The Act has also proposed a legal framework for the authentication and origin of electronic records / communications through digital signature. The law will keep in check thousands of propaganda circulating online.Â. here are some advantages, For me, it will prevent or stop the hackers to access the private accounts of any one, most of it was to stop the pornographic sites, to stop identity theft because as of now many people are using internet to steal money to the customers by there scam business and other crime using internet. * The Act now allows Government to issue notification on the web thus heralding e-governance. Advantages And Disadvantages Of Cybercrime 899 Words | 4 Pages. Ayon kay Atty. Cybercrime prevention Cybercriminals often use both technical and social approaches to commit crime. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. Edmon Agron-October 1, 2012 1. It may be the storage of important data and files. Click here to submit. This will cut your freedom to express your opinions, thus no more freedom of speech. In view of the growth in transactions and communications carried out through electronic records, the Act seeks to empower government departments to accept filing, creating and retention of official documents in the digital format. 1 crore. A computer keyboard. The Internet, in particular, is a great tool for scammers and other miscreants, since it allows them to ply their trade while hiding behind a shield of digital anonymity. The Cybersecurity Tech Accord – the key accord in the interest of defending equitable, global cybersecurity of which Panda Security has been a member since last year – has prepared a whitepaper, “Addressing the Cybersecurity Skills Gap through Cooperation, Education and Emerging Technologies” . She counts among them providing protection to unsuspecting online users, especially in … A case in point is the news that circulated on social media last week of the Machakos Governor Alfred Mutua having fallen into a river after the bridge he was standing on collapsed. * The Act throws open the doors for the entry of corporate companies in the business of being Certifying Authorities for issuing Digital Signatures Certificates. It will scuffle freedom of expression. [Photo/www.ynaija.com]. And what does the law say about half-truths? Pursuant to the moral principle of nullum crimen sine lege (Latin for "no crime without law") a person cannot be punished for an act that was not proscribed by law at the time the person committed the act (UNODC, 2013, p. 53). 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