Smokebear on Cybercrime Law


What is Republic Act. No 10175, or the Cybercrime Prevention Act of 2012?

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. (Click the link to see all details..)

reposted from Facebook

 

On October the 3rd, there’s a chance that my freedom to talk random stuffs on this blog will be ceased. With the Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, upholding the freedom of speech, privacy and press is going to be messy.

Why would it bother me? Consider this scenario:

Normal evening, I’m re-posting stuffs over facebook. May it be some rants against a government official that I agreed on. Alongside re-posted love quotes and funny cat pictures etc. Then suddenly, out of nowhere, my communication is suddenly blocked and my access to my computer snuffed.

“The law is very broad,” Guingona, who opposes the new law, said.

“If you click like, you can be sued, and if you share, and continuously re-share information, you can also be sued. Saka sino ang liable? Hindi klaro eh. ‘Yung original na nag-post? ‘Yung nag-share? ‘Yung nag-tweet? Kahit nga ikaw, mag-post ka ng simpleng ‘hehehe’ di ba? Ibig sabihin nu’n, sangayon ka (And who is liable? It isn’t clear. The one who made the original post? The ones who share? The ones who tweet. Even you, if you post a simple, ‘hehehe,’ right? Does that mean you agree)? Are you liable? So, napakalawak eh.”

With the  help of NBI or PNP, my files would have been searched and read. There is no need to secure a warrant from the court to gain access to traffic data. That means law enforcement, by mere notice/order to the ISP, can divulge and preserve data relating to a communication’s origin, destination, route, time, date, size, duration, or type of underlying service. Out of nowhere, I’m deprived of the use of my own computer without even a chance of being heard in the court of law.

Then I’ll receive a subpoena for a crime of libel on the basis of Cybercrime law. Possible ending, more than 4 years of imprisonment.

Imagine that, from mere re-blogging and re-posting, next stop staring the dark possibility of imprisonment.. for.. 8 years?

So, as announced from the Malacañang, this will take effect on October 3rd and amid the legal questions, the palace will standby it.

Hmmm.. I remember

I remember a friend asked me, if there are still any possibilities of another revolution, since we already passed a lot of “Edsa” revolutions down in our history lane. Do we still have the capacity or the interest to fight or make a stand, since most of those revolutions (if not all of them) are.. somewhat end up as a failure? (just an opinion).

I replied, “If there’s going to be one, I believe, it will be fought over the cyberspace instead of the streets.”

For several days, I hear the news that various government sites are being hacked. Though I was already expecting that, my only plea is  for them to avoid as much as they can to hit any unintended innocent casualties, may they be working with the government or not.

 

If you feel the same way I do, click the link below and sign the petition. I’m not against the Cybercrime law, but this one may require tweaks and be amended.

http://www.change.org/petitions/junk-the-cybercrime-prevention-law

And before I completely wrap this up, let me just say that this is just my humble opinion..😀

One thought on “Smokebear on Cybercrime Law

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