CYBERCRIME AND ENVIRONMENTAL LAW

What is the difference between Computer Crimes and Cyber Crimes?

Computer Crimes- all crimes performed or resorted to by abuse of electronic media or otherwise with a
purpose of influencing the functioning of a computer (maling pag gamit ng device or computer)

Computer Crimes- this is a general term a crime with the use of computer (for the purpose this
discussion even a cellphone can be considered as computer) or with internet ( ito yung krimen na
gingamit ng computer meron o wlang internet)

Cyber crimes- crimes with the use of computer and with internet. (krimen na gingamitan ng computer at
internet)

Computer Crime in any crime where:

1. Computer is a target (tulad ng hacking, email bombing etc.)

2. Computer is a tool of crime (tulad ng Child Pornography Website)

 3. Computer is incidental to crime (like scam with the use of messenger apps: nakikipag usap ka sa
biktima mo with the use of messenger)

Cybercrimes- is the fastest growing crimes in the world. Cybercrime also includes illegal downloading of
music,video and files.

What is the type of crime where you are unconsciously committing it due to a weak enforcement of the
law? (tulad ng pag papaxerox libro violation yan ng Intellectual Property Rights, pag download ng move,
music ,. Files or video)- AVOCATIONAL CRIMES

Why we shoud learn about Cyber Crime?

The primary answer – Everybody is using Computers.

From White Collar Criminals (White Collar Crimes- committed by person with high status more on
economic crimes like corruption or stealing ) (Kapag ang isang tao tulad ng manager ay nanakit ng
empleyado ito ay hindi White Collar Crime dahil it is not related to work nor he did not use his influence)

To Terrorist (What is most important component of terrorism?- FEAR- kaya gingamit nila ang internet
para ipalaganap ang takot tulad ng pag pugot ng ulo ng kanilang biktima)

Conventional Crimes (traditional crimes)- Forgery (pamemeke), extortion, kidnapping.

Monetary transactions are moving on to the INTERNET.

Cybercrimes are used by the crminals primarily because?

The answer because of ANONYMITY- (maaring itago ng criminal ang kanyang identity)
Cyber Crimes are vulnerable because

Lack of user awareness (konti lang kaalaman sa computer or internet – (maraming nabibiktima ng
screenshot ng resibo or money transferred sa banko pero di nila alam na eto ay pedeng maedit)

Easy to Access

Complex (mahirap maintindihan)

Negligence

Loss of evidence

Types of Cybercrimes:

Hacking/Cracking

Software Piracy

Email Bombing

Data Diddling

Salami Attack

DNS (Denial Service Attack)

Virus, Troja, Spamware Dissemination

Internet Theft

Phishing/Pharming

Web Jacking

Cyberstalking

Hacking- under the electronic evidence act – illegal intrusion into a computer system without the
permission of the owner. (lahat ng ebidensya na nakuha thru hacking is inadmissible as evidence)

Hacking is a colloquial term. The original meaning of hacking refers to COMPUTER ENTHUSIAST

Ginamit lang ang Hacking to computer intrusion kasi nakasanayan.

The technical term for intrusion of another computer system without permission of the owner is
CRACKING.

Software Piracy
 - Theft of software through the illegal copying of authenticated programs. Distribution of
counterfeit copies.

- This mode of cyber crime has been decreasing due to the website offering free software
downloads.

(Ito yung pamimirate ng DVDs or CDs ng kanta , pelikula or computer software

Email Bombing

This kind of activity refers to sending of huge number of electronic mails to the victim resulting to
crashing of email apps (ito yung pagpapadala ng napakamaraming emails sa isang account na
nagreresulta para hindi gumana ng maayos ang Email App)

What is a mode of cyber attack similar to hacking which involves altering raw data (form ng hacking na
kayang baguhin ang data sa computer) ?

The answer is DATA DIDDLING.

Can you change it back to the information which was altered by the hacker?

The ans is Yes (pde natin ibalik sa dati ung computer walang capacity ang hacker para maging
permanent yung changes na ginawa nya)
Salami Attack

- Criminal make such program that deducts like for example 5.00 per month from the account of
the customer (thru bank, gcash, sim card) deducting it from the savings sometimes with out the
consent of the customer. (for example you received a text deducting 5.00 php per Qoutes even
without your subscription)

DNS

Denial of Service Attack- This is an act by the criminal, who floods the bandwidth of the victim’s network
of fills his email box with spam mail.

Usually after the hacker gain access to the computer, in able for him to totally manipulate the computer
program or system, he will use the Denial of Service of attack to reduce the ability of the owner to
counter the hacking. (kapag gumamit ng denial of service attack hindi magkakaroon ng access ang owner
lahat ng program ng computer system).

In simpler sense, depriving the victim or owner of the services or program entitled to him.

The perfect example of this is the I LOVE YOU virus of the Filipino Programmer.

Virus (Trojan, worms, malicious soft spamware) Dissemination

- Attached itselt to software, files, device, emails etc. (ito ay maaring nakasama sa email, device ,
software , files na nakuha mo)
 - Malware or Spamware- software or programs which will automically dessiminated by all means
of communication once you are infected. (chat message sa messenger na click automatic with
out your consent isesend mo to sa lahat ng contact mo)

Logic Bombs- Those are the event dependent of the programs. This implies that these programs are
created only when a certain events triggered or occurs. (in simpler sense, tulad ng pag schedule ng pag
lilinis or scan ng laptop mo for virus )

- It is certain events in the computer will be created either by the hacker or accidentally the
owner (minsan kasi kapag nag click sa internet sa mga unverified sources or website automatic
na naglilikha ng program or event sa computer)

Certain event refers to computer program (katulad ng kapag naabot mo ay storage ng ram sa ganitong
size may isang program na automatically maactivate or kapag may napindot ka ng file itong program na
ito na nakuha mo sa isang website ay maactivate)

Internet Theft- illegal surfing of internet connection belong to another (maaring nahack ung password)

Web Jacking- derived by from the term hi-jacking. The hacker gains access and control over the website.
(e.g. ung hacker di nag review sa AMICI bumagsak sa board , hinack thru WEB JACKING then idinagdag
nya ung pangalan nya sa list of passers walang kasing 1000 stars.

Cyberstalking- follows the victim by sending emails, entering chat rooms frequently.
Another is harassing the victim thru Messenger.

Cyberstalking- it is not a single act or communication to the victim. It is a consolidated acts of the
offender. (kelangan paulit ulit ang actions or messages sa babae)/

Cyberstalking involves Privacy.

Phishing- The technique of pulling out confidential information from bank/financial institutional account
holders by deceptives means.

What is the most common means of Phishing?

The answer is thru EMAIL (kapag email ang ginamit para makakuha ng info ang tawag dun PHISHING
kapag ang ginamit ay Fake Website ang tawag dun PHARMING)

But Phishing can also be done thru chats, telephone convo or thru other means of communication.

Pharming- use of fake website similar to the original website of a company to entice the user of giving
up his info.

(kunwari website ng BPI is www.bpi.com) gagawa sila ng fake website kamuka ng original website
www.bpibank.com meron silang parehong homepage ng original website di ka magdadalawang isip na
iencode ng bank account details mo).

(sa phishing hihingin ang detals mo sa pharming ikaw ang mag eencode ng details mo)
Cyber Libel/Defamation- it is the act of defaming or unlawful involving a person into a crime using
internet or some networking.

Under the RA 10 175, is cyber crime like cyber libel has limitation on territorial jurisdiction?

The answer is no , as long as naabot ng internet ang isang lugar maaring kang mag file ng complaint.

What is difference between cyber libel and cyber defamation?

Cyber Libel- punishable only by posting it public thru social networking site or other website.

Cyber defamation- thru posting it publicly or thru messages.

Drug Trafficking as of today, cyber technology has become effective. Sale and purchase can be done thru
internet.

Nigerian 419 Scam-

- This scam starts with a bulk mailing of letters to potential victims (businessman, professional or
rich people) (sumakit ang scam na ito sa pagpapa dala ng sulat sa mga mayayaman sa US. Ang
sulat tungkol sa isang black American soldier na stock sa Africa at di maka uwi kc wlang pera)

- It involves asking money from the victim thru fraudulent scheme (as of now ibat iba na ang
paraan ng scam ito maaring black people na nag hahanap ng mapapangasawa or ng business
partner)
Pornography (especially Pedophiles)

- Use of videos regarding sexual intercourse between people.

What is the most notorious pedophile organization in the world? The answer NAMBLA (The North
American Man-boy Love Association)

What is the Anti Cyber Crime Law?

The Ans is RA 10175

When this law enacted?

The answer is August 5, 2012

What are the laws related to Anti- Cyber Crime

What is the electronic evidence or commerce act of 2000?

The ans is RA 8792 (It focuses on Computer Hacking , Introduction of Computer Virus and Piracy)
What is the Anti- Child Porn of 2009?

The ans is RA 9775

What is Anti- Photo and Video Voyeurism Act?

The ans is RA 9995.

What is crime for unauthorized use or access of credit cards?

RA 8484- the Access Devices Regulation Act.

Which agency or department has central authority over Cyber Crimes?

The answer of Department of Justice (DOJ) . The DOJ has an office known as Office of Cyber Crime

Which agency is the implementing arm of RA 10175?

The answer is NBI and PNP.

Important terms to understand

Computer Data- refers to refresentation of facts, information or concept (ito ung mga impormasyon
nakasaved sa computer for exam files mo like word or ppt)

Computer Program- refers instruction executed by your computer (example ung pag executed ng
command like scan, diagnosis of problems, or ung search engine)

Computer System- refers to device or interconnected device (ung computer mo na may mga accessories
and also connected by ibang device)

What is the difference between computer data and content data?

When you talk about content data- refers to the communication content (nilalaman ng komunikasyon)
either oral , written or even digital (any data na gustong ibahagi)

What is the main focus crime with regards to content data?

The content data which is focused by RA 10175 is data on Anti Pornography Law (RA 9775)

Digital Evidence- (specific) refers to digital information use as evidence for a case. For example is
images, videos, files, or softcopies. (tulad picture or video na nagpapatunay ng pangongotong) (with the
use of computers)
Electronic Evidence- (General) refers to the evidence which is received, recorded, transmitted, stored,
processed or produced electronically (pwede kahit hindi with the use of computer) ( example is
electronic reciept)

(lahat ng digital evidence can be considered as electronic evidence)

This is the Digital finger print or Digital DNA of a file or information in cybercrime?

The ans Hash Value.

Hash Value- it is the mathematical algorithm of produced in a digital information (digital evidence)

Crimes in violation of confidentiality, integrity or availability of computer data, computer program or

computer system (ang penalty for this Prision Mayor and a fine of Php 200,000 or up to the amount
commensurate to the damage.

Illegal access- nagkaroon ka ng access sa ibang computer without authority

Illegal Interception- interception by any means and illegally computer data or within a computer system.
(nag papasa ng data thru computer to other device (Computer System) thru sending apps (messenger,
share it, Bluetooth etc) at inintercept mo)
Data Interference- the intentional damaging, deletion, or deterioration of computer data and all other
electronic data. (intensyonal (with malice) na binabago mo ung data or binubura ung data)

Lahat ng illegal acts na nsa itaas yan ay nacocommit sa pamamagitan ng illegal at walang permiso na
paggamit ng device. Hindi ito applicable sa hacking.

System Interference- intentional or reckless alteration or hindering the function of computer or

computer network (katulad ng paglalagay ng software na nakakapg pabgal ng computer)

Computer related offense (ang penalty nito ay parehas ng penalty ng punishable acts sa taas)

Computer related Forgery- the input, alteration or deletion of any computer data resulting to
inauthentic data. (ina alter mo or binabago ung information sa computer para ipresent ito na authentic
or original)

e.g. hacking or web jacking)

Computer related fraud- unauthorized input, alteration, deletion or interference to a computer system
with fraudulent intent (kapag binago ang information ng computer data ng walang panloloko ang kaso
ay Computer related forgery pero kapag may fraud or panloloko involves financial ang kaso ay
Computer Related Fraud) e.g. Pharming, Cyber Extortion, Cyber Scam

Computer related Identity Theft- the intentional acquisition, use , misuse, transfer or possession,
alteration, deletion of information regarding the identity of another.
Is the identify theft limited only for individual identity?

The ans is NO because it is also involves Juridical identity (groups or company’s name)

Content- related offense- the RA 10175 gives emphasis to RA 9775.

This punishable act is similar to PHARMING (pangogolekta ng info thru fake website)- Cyber Squatting

Cyber Squatting- The acquisition of domain name in the internet. This is committed with bad faith

(ito ay gingawa para masira, pagkakitaan, sirain ang pagkatao nung taong may ari ng website or ng
program)

This is done thru the following:

1. Creating a similar or confusing trademark of another (gumawa ka ng site na katulad ng isang

legitimate site)

2. Similarity in identity of the person registered of the target domain- (ginamit kahit ung pangalan
ng taong naka register)

3. Acquired with or without Intellectual property interest. (ginamit sa pansariling intensyon)

(Cyber Squatting kapareho lang ng penalty ng other punishable acts under RA 10175 subalit mas tataas
ng one degree (reclusion temporal) it is committed against Critical Infrastructure.

What is Critical Infrastructure?

It the computer data, program or system belong to vital department or units in the government.

Like for example:

- Supreme Court Website

- PNP, NBI PDEA

- Senate and Congree

- All other departments or units of the government.

Cyber Sex- the acts of cyber sex is punishable if it is done with computer, presenting lascivious
exhibition for favor or consideration. (katulad ng cyber sex na may bayad ito ay punishable ng batas)

Cyber Sex- maintenance, control and operation of cyber sex den. (kapag ikaw ang gumamit ng ibang tao
para sila ay mag sex then vinevideo mo and inupload sa isang porn website, may karagdagan kang kaso

RA 9208 or Human Trafficking)

Office of the Cyber Crime under the DOJ

What is the main responsibility of Office of Cyber Crime under the DOJ?

Review and Monitoring.

For Cyber Crime Cases , the participation of subscriber and Service Providers is important.

The computer data or digital data under the safekeeping of a subscriber or service providers can be
requested by law enforcement agencies to keep , preserve or retain it for 6 mos. (for example ang
website is under investigation ang mga pulis ay maaring irequest na ipreserve ang data sa website ng
service provider for 6 mos)

How the police will coordinate with the service provider and subscriber regarding the preservation of
data? The ans is thru Order by the law enforcement.

What if the 6 mos already lapse can the police ask for an extention?

Yes for another 6 mos.

All Computer/Digital data must be kept during the hearing of cyber crime case until?
The ans. Final termination of the case.

IF you responded to the cyber crime and processed all electronic evidence with out a warrant. All
evidence that you could collect will be inadmissible.

After a search warrant is already issued, can you immediately go into the place and conduct search and
seizure?

The answer is No. Upon securing a warrant, there should be an order requiring a person to disclose the
information or data needed within 72 hours.

What do you call the team which will respond alongside with the PNP or NBI in cases of Cyber Crime or
Computer Related Crimes?

The Computer Emergency Response Team- CERT could enlist personnel from other government unit.

The CERT is under what government department- Department of Science and Technology (DOST)

After the search , collection and processes in relation to cyber crime, within how many hours that the
law enforcement agency should present or deposit it before the court?
It should deposited within 48 hours upon examination of data evidence. ( pero my mga computer data
or digital information na mahirap pag aralan kaya maaring mag request ang law enforcement agency
hangang 30 days para matapos ang examination)

In what court that the cyber crime cases must be filed?

The answer is Regional trial Court.

Designation of cyber crime cases to judge, Are all judge qualified to handle cyber crime?

The ans is NO. Cyber crime cases must be handled by a trained Judge.

Which department appoints special prosecutor and judges to handle cyber crime? The Answer DOJ
particulary the Secretary of DOJ.

CICC- Cyber Crime Investigation and Coordination Center- this is an inter-agency unit under the Office of
the President. There are task to submit reports, plan and programs for cyber crimes.

Who is the head of CICC- (although this is control by DOJ Office of Cyber Crime there is a person who is
the head of this unit- The answer is Executive Director of DOST-ICT (Information and Communication
Technology)

E- Commerce Act of 2000

When the RA 8792 was signed into law?

It was signed on June 14, 2000 (kinokonsider ito as landmark law sa kasaysayan ng Pilipinas) (ang mga
evidensya na nakuha sa computer or sa papamagitan electronics ay maaring gamitin na as evidence)

Salient Provision of RA 8792

Legal recognition of data messages, electronic document and electronic signature (kapag nagkasundo
kayo sa pamamagitan ng chat, text or email maari na itong gamitin as ebidensya)

Electronic Contracts is allowed.

This is the law which initiates electronic banking.

What is the law which first penalized hacking? Under RA 8792 the penalty for this crimes

6mos and 1 day upto six years

Under RA 8792- hacking authorized access to a computer it is also having an access to corrupt computer
files.

This law is also focuses on Computer Pyracy.

RA 8484- Access Device Act- regulating the issuance of use of access devices, prohibiting fraudulent acts
committed. (eto yung batas na nagpaparusa sa paggamit ng access device (eto ung credit card at atm
cards).
Access device- means cards, plate, code, account or electronic serial number.

(ang pinaparushan dito ung illegal na pag access at pag gawa ng access device-

Counterfeit Access Device- fake atm or credit cards.

ENVIRONMENTAL LAWS

THE DIFFERENT ENVIRONMENTAL LAWS ACCORDING TO DENR.

- RA 8749- Clean air act of 1999

- RA 9275- Philippine Clean Water Act.

- PD 1586- Environmental Impact and Statement System

- RA 6969- Toxic Substance and Hazardous waste Control act

- RA 9003- Ecological Solid Waste Management Act.

 - RA 9512- Environment Education Act of 2008

PD 1586- Environmental Impact and Statement System

Environmental Impact Assessment (EIA)- this is process of predicting and evaluation the likely impact of
a project on the environment (pinag aaralan ang epekto ng isang proyekto sa kalikasan e.g pag puputol
ng puno sa isang lugar para sa housing project),

In any case that the project is private- (hind pde na mag assesst ng EIA ang isang private instution or
maglabas ng findings ng EIA unless may permiso sila). They should first secure an Environment
Compliance Certificate.

Who issue Environment Compliance Certificate (ECC) – the ans DENR thru Environment Management
Board (EMB)

How long is the validity of ECC?- it is valid thru the entire lifetime of project (habang gingawa ang project
valid ang ECC pero dapat di lalagpas ng 5 years) – it will came invalid if the project was implemented 5
years from the date of issuance.

ECC is an example of DENR Permits.

Who are the important person or position established by PD 1586-

Pollution Control Officer (PCO) – he is competent to pollution control and environmental management.
What is the duties of PCO – conduct an evaluation about establishment discharge (pagtatapon) solid,
liquid or gaseous waste (basura) to environment. (isa pa pinag aaralan ng PCO ung product ng
establishment kung eto ay magbubunga ng pollution sa hangin, tubig o lupa)

e.g. the pco examined the brandnew motorcycle of Yamaha NMAX XXX if this product emits pollution to
the air.

What intances that the PCO is not required? In examining the pollution emits by small businesses like
small stores or stall.

It is the responsibility of PCO to enforce the all the environmental laws.

RA 9275- The Philippine Clean Water Act.

This law is focus on the following:

Water Quality Standard (they will examine if the water quality of a certain establishment is fit for human
consumption)

General Effluent Standards

Designation of Water Quality Management Area

Classes of Water Quality Standards

Class AA- water source – disinfection (eto ung tubig na naiinom) use: human consumption, for Protected
Area Fisheries. (protected area for fisheries eto ung area or fish ponds, fisheries production area, na
binabantayan ang water quality tulad ammonia content or oxygen content minsan kaya nagiging
protected area ang isang tubig sa pinangignisdaan dahil madalas ang fish kill).

Class A- water source – conventional- use for fisheries commercial production (ginagamit sa mga pala-
isdaan)

Class B- recreation (bathing or swimming)- (tubig sa mga ilog, mangrove areas)

Class C- recreation (this is the water use in irrigation)

Class D- Navigable water- this is not use for any purpose.

What is the standard of water considered dangerous? The ans is Navigable Water.

General Effluent Standard- This set the parameters (batayan) of water quality.

What is the law provides the guideline for Water Quality and General Effluent Standards

The ans DAO 2016-08 (DENR Administrative Order).

The Philippine Clean Water act provides guidelines with regards to the discharge of liquid or water by an
establishment. (for example magtatapon ka ng tubig galling sa factory papunta sa water system or water
ways kelangan mong mag secure ng permit) from DENR.
Again ang nagcoconduct ng investigation sa factory about discharge of water is PCO.

Refusal of establishment to the inspection of PCO is a punishable act.

RA 8749- The Clean Air Act

Can you be imprisoned for violating this law? The answer is NO.

The concept of this law that “Polluters must pay”

Kaya tayo tuwing magpaparehistro ng motor kelangan ng emission test- Motor Vehicle Emission test is a
Air sampling activities under RA 8749.

What is MC which provides compliance to source emission test?

LTO MC 2016-008

RA 6969- Toxic Substance and Hazardous Waste Control act of 1990 (it includes Nuclear Waste)

It provides the listing of existing chemicals used or sold, distributed or imported which can be allowed in
the Philippines. (the purpose of this law ay para ma screen lahat ng chemicals na papasok sa bansa)

Pre screening test for chemicals

The foreign exporter of chemical will be notified for the conduct of this test. This is called Pre-
manufacturing or Pre Importation Notification.

The revised procedures and standards for management hazardous waste- This is under DAO 2013-22

What is the first procedure under the DAO 2013-22?

The answer is Classification of Hazardous Waste

Procedures:

Classification of Hazardous Waste

- Classification of Hazardous Waste

- Online Manifest System (check thru online the waste is included to the chemical or substance
allowed) (tinatawag din itong verification check)

- Waste Management Proper (Proper Storage, Packaging, labeling- isusulat mo ung pangalan at
description ng chemicals, transport and treatment)

RA 9003- Ecological Solid Waste Management Act- (lahat ng basure except for chemicals even
biodegradable or non biodegrable)
What is the commission created by this law? The ans is National Solid Waste Management Commission
(national or pang buong bansa)

City (panglunsod) –National Ecology Center

Municipal or Provincial- (sa probinsya) Solid Waste Management Board.

Under this law, the commission is task to make Solid Waste Management Framework which involves 10-
year plan.

This law provides incentive or rewards to those cities or municipalities who could manage their waste
properly.

End of Lecture-