Professional Documents
Culture Documents
Cyber
Cyber
CYBERCRIME WITH
ENVIRONMENTAL LAWS
& PROTECTION
CLINT MICHAEL G. RAYMUNDO, RCRIM
WHAT IS CYBERCRIME?
• Cybercrime is a criminal activity that either targets or uses a
computer, a computer network, or a networked device.
In August of the same year, charges against him in our country were
dismissed, mainly because we had not yet passed legislation addressing the
crimes he had committed. The public around the world is justifiably outraged.
PHILIPPINE SITUATION
• The “I LOVE YOU” Computer Virus (Lovebug virus/ Love
letter virus)
• The virus was received in email inboxes in Hong Kong on 4 May 2000, with
the subject “I LOVE YOU” & an attachment “LOVE-LETTER-FOR-
YOU.TXT.vbs.”
• It erases or blurs the graphics & data in the computer & sends the same
email to all contacts listed in that directory.
PHILIPPINE SITUATION
• Arrest of the Suspect: An international manhunt was conducted; the
investigators traced the origin of the virus to its creator, a
programming student at the AMA Computer University in Manila.
• When arrested (11 May 2000), the suspect apologized to the public &
said he had no intention of causing such great harm. Government
prosecutors filed cases against him, but even at the first stage, the
indictment was dismissed as there was no law penalizing the act
at the time 2000 in the Philippines (nullum crimen, sine lege).
PHILIPPINE CONGRESS’ RESPONSE
• PC enacted RA 8792, otherwise known as the “Electronic Commerce
Act of 2000”.
• Supreme Court drafted the Rules on Electronic Evidence, the
admissibility of evidence in electronic form, subject to its authenticity &
reliability. This restriction intends to safeguard against accepting evidence
of doubtful character.
• Department of Justice (DOJ) created the Task Force on E-Government,
Cyber-security & Cybercrime in 2007 to deal with cyber-security issues
in relation to legislation & investigation.
REPORTING OF CYBERCRIME
INCIDENTS
Who may file?
A. Private individuals:
• Minors
• Of legal age
REPORTING OF CYBERCRIME
INCIDENTS
Who may file?
B. Juridical entities
Private institutions
Government agencies
Quasi-public
REPORTING OF CYBERCRIME
INCIDENTS
WHO MAY FILE?
C. Enforcement agencies
Philippine National Police
National Bureau of Investigation
Office of the Cybercrime
BASIC COMPONENTS & FUNCTION OF
DIGITAL DEVICES & DEFINITION OF
COMPUTER TERMINOLOGY
DIGITAL DEVICES-
• A digital device processes electronic signals that represent either a one
“on” or a zero “off”.
• The “on” state is represented by the presence of an electronic signal;
• the “off” state is represented by the absence of an electronic signal.
BASIC COMPONENTS & FUNCTION OF DIGITAL
DEVICES & DEFINITION OF COMPUTER
TERMINOLOGY
RANDOM-ACCESS
MEMORY(RAM)-
When a computer starts up, it
begins to load information from the
hard disk.
It’s working memory. Any program
that you are running on the
computer is loaded into RAM for
processing.
BASIC COMPONENTS & FUNCTION OF DIGITAL
DEVICES & DEFINITION OF COMPUTER
TERMINOLOGY
• HARD DISK- HD is where data is stored when the computer is turned
off & where it is retrieved from when the computer is turned on.
BASIC COMPONENTS & FUNCTION OF DIGITAL
DEVICES & DEFINITION OF COMPUTER
TERMINOLOGY
• REMOVABLE MEDIA (RM)- allows you to take your data with you &
just as with all other digital technologies.
BASIC COMPONENTS & FUNCTION OF DIGITAL
DEVICES & DEFINITION OF COMPUTER
TERMINOLOGY
• PORTABLE COMPUTERS
• SMARTPHONES
• TABLET COMPUTERS
COMPONENTS OF COMPUTER SYSTEM
(THE COMPUTER & THE INTERNET)
COMPUTER SYSTEM- This is a collection of entities (hardware, software &
livewire) that are designed to receive, process, manage & present information in a
meaningful format.
• Computer software - aka programs or applications. They are classified into two
classes namely - system software & application software
What is Hacking?
Hacking is the activity of identifying weaknesses in a computer
system or a network to exploit the security to gain access to
personal data or business data.
Who is a Hacker?
A hacker is any person who uses computer
programming or technical skills to solve a
challenge or problem.
As it goes there is a good side & a bad side, there
are also people who fall somewhere in between.
TYPES OF HACKERS
• Grey Hat Hacker – They are the type of hacker who acts
as both the white Hat Hacker & the Black Hat Hacker
TYPES OF HACKERS
• Script Kiddie – They are someone who doesn’t have
the experience or lack knowledge
• Ethical Hacker – Ethical hackers are those who are hired &
are given permission to attack the system.
PHASES OF ETHICAL HACKING (6)
1. Reconnaissance - Reconnaissance is the process of gathering
information. The information like the network range, number of
active devices, discovering the open ports & access points, etc.
Reconnaissance is of two types.
They are:
• a. Active Reconnaissance: the hacker directly interacts with
the target system to gain information.
• b. Passive Reconnaissance: the information is gathered
without interacting with the target system.
PHASES OF ETHICAL HACKING (6)
2. Scanning: the hacker tries to exploit all the vulnerabilities of
the target system.
• Backdoors help the hacker gain quicker access to the target system
in the future.
PHASES OF ETHICAL HACKING (6)
5. Clearing Tracks -an unethical phase. The hacker tries to delete
all the logs of the activities that take place during the hacking
process.
All of our inboxes & text messaging apps are filled with phishing
messages daily.
Hackers will send I.P. (data) packets that pass through your
computer, & they can do that if the website you are browsing
doesn’t have an SSL (Secure Socket Layer) certificate.
They can also lock your files, spread to all the computers
connected to your network, & perform many other nasty actions.
INTERNATIOAL DIMENSIONS OF
CYBERCRIME
• Criminals in an electronic world can ignore international boundaries
since they can send information & execute commands via worldwide
networks.
• The computer hacking cases have repeatedly raised issues that will
be of concern in all international electronic crime cases.
ISSUES RAISED BY INTERNATIONAL
COMPUTER CRIME
A. Substantive Law
B. Procedural Law
C. Operational Issues
ISSUES RAISED BY INTERNATIONAL
COMPUTER CRIME
A. SUBSTANTIVE
1. Communication
2. Timeliness
REPUBLIC ACT NO. 10175 “CYBERCRIME
PREVENTION ACT OF 2012”
PUNISHABLE ACTS. SEC. 4. Cybercrime Offenses
(A) Offenses against the confidentiality, integrity, and availability of
computer data and systems:
The following acts constitute the offense of cybercrime punishable under
this Act:
(1) Illegal Access– The access to the whole or any part of a computer
system without right.
(2) Illegal Interception– The interception made by technical means
without the right of any non-public transmission of computer data to, from,
or within a computer system including electromagnetic emissions from a
computer system carrying such computer data.
REPUBLIC ACT NO. 10175 “CYBERCRIME
PREVENTION ACT OF 2012”
PUNISHABLE ACTS
Provided, That if no damage has yet been caused, the penalty imposable
shall be one (1) degree lower.
Provided, That if no damage has yet been caused, the penalty is imposable
shall be one (1) degree lower.
REPUBLIC ACT NO. 10175 “CYBERCRIME
PREVENTION ACT OF 2012”
Provided, That the penalty to be imposed shall be (1) one degree higher
than that provided for in Republic Act No. 9775.
REPUBLIC ACT NO. 10175
“CYBERCRIME PREVENTION ACT OF
2012”
(C) Content-related Offenses:
(3) Unsolicited Commercial Communications. — The transmission
of commercial electronic communication with the use of computer
systems that seeks to advertise, sell, or offer for sale products &
services is prohibited.
LEGAL BASIS
• - R.A. 8792 Electronic Commerce Act of 2000
• - R.A. 8484 Access Device Act
PURPOSE
• The standard operating procedure prescribes a uniform and step-by-
step process to be observed by all personnel of CIDG in the conduct
of investigation regarding Computer/Cybercrime cases.
PROCEDURES IN HANDLING OF
COMPUTER/CYBERCRIME CASES
DEFINITION OF TERMS
• COMPUTER NETWORK – is a collection of computers and devices
connected to each other. The network allows computers to communicate
with each other and share resources and information.
• ELECTRONIC MAIL – often abbreviated as e-mail or email, is a method
of exchanging digital messages, designed primarily for human use.
PROCEDURES IN HANDLING OF
COMPUTER/CYBERCRIME CASES
DEFINITION OF TERMS
• ELECTRONIC EVIDENCE – is any probative information stored or
transmitted in digital form that a party to a court case may use at trial.
• Among others, the request for WDCD must state the relevance &
necessity of the data sought & describe particularly the
information sought to be disclosed.
(2) WARRANT TO INTERCEPT
COMPUTER DATA (WICD)
• A WICD authorizes the law enforcement authorities to listen to,
record, monitor, or conduct surveillance of the content of
communications, including the use of electronic eavesdropping
or tapping devices.
• The request for a WICD must also state the relevance &
necessity of the data sought & describe particularly the
information sought to be disclosed.
• The request for a WSSECD must also state the relevance &
necessity of the data sought & describe particularly the
information sought to be seized & examined.
• The court issuing the warrant may, upon motion, extend its effectivity
based only on justifiable reasons for a period not exceeding 10 days
from the expiration of the original period.
• Failure to timely file the returns for any of the issued warrants under this
Rule or to duly turn over to the court’s custody any of the items shall
subject the responsible law enforcement authorities to action for
contempt.
Whether this is sufficient to curtail possible breaches of the right to privacy is yet
to be determined
ENUMERATED PROCEDURES ON HOW ONE
CAN SEEK REDRESS AGAINST ONLINE
HARASSMENT:
a. Victims of online harassment cases may report through the DOJ
Cybercrime Division, the NBI Cybercrime Division & the PNP Cybercrime
Group which accepts & handles cases of such nature.
d. Once equipped with evidence, the victim will be asked to furnish a formal
complaint by submitting an affidavit narrating the crime or offense.
CHILDREN
• Based on the data that was reported by UNICEF, around 80%
of Filipino children are at risk of online sexual abuse & the
Philippines is considered a top global source of child
pornography.
Within the said period, the court where the case is assigned
shall conduct a summary hearing to determine whether the
TEPO may be extended until the termination of the case.
RULE 2. SEC. 10. PROHIBITION AGAINST TEMPORARY
RESTRAINING ORDER (TRO) & PRELIMINARY
INJUNCTION.
Within fifteen (15) days from receipt of the summons, the defendant
shall file a verified answer to the complaint & serve a copy thereof on
the plaintiff. The defendant shall attach affidavits of witnesses, reports,
studies of experts & all evidence in support of the defense.
• RULE 3: PRE-TRIAL
• Within two (2) days from the filing of the answer to the
counterclaim or cross-claim, if any, the branch clerk of court
shall issue a notice of the pre-trial to be held not later than one
(1) month from the filing of the last pleading.
• The court shall schedule the pre-trial & set as many pre-trial
conferences as may be necessary within a period of two (2)
months counted from the date of the first pre-trial conference.
RULE 3 SEC. 3. REFERRAL TO MEDIATION
• At the start of the pre-trial conference, the court shall inquire
from the parties if they have settled the dispute; otherwise, the
court shall immediately refer the parties or their counsel, if
authorized by their clients, to the Philippine Mediation Center
(PMC) unit for purposes of mediation.
RULE 3 SEC. 3. REFERRAL TO MEDIATION
The reliefs prayed for which may include a prayer for the
issuance of a TEPO.
WRIT OF KALIKASAN
Section 2. Contents of the petition. (CONTINUATION)
(d) All relevant & material evidence consisting of the affidavits of
witnesses, documentary evidence, scientific or other expert studies,
& if possible, object evidence;
(e) The certification of the petitioner under oath that:
1. petitioner has not commenced any action or filed any claim
involving the same issues in any court, tribunal, or quasi-
judicial agency, & no such other action or claim is pending
therein;
2. if the petitioner should learn that the same or similar
action or claim has been filed or is pending, the
petitioner shall report to the court that fact within five
(5) days therefrom
Section 3. Where to file.
The petition shall be filed with the Supreme Court or with any
of the stations of the Court of Appeals.
Section 5. Issuance of the writ. - Within three (3) days from the
date of filing of the petition, if the petition is sufficient in form &
substance, the court shall give an order:
1. Issuing the writ; &
2. requiring the respondent to file a verified return. The clerk of
the court shall forthwith issue the writ under the seal of the court
including the issuance of a cease & desist order & other temporary
reliefs effective until further order.
SECTION 6. HOW THE WRIT IS SERVED.
Is such an agency that deals with matters that have relation only to
the protection, preservation & enhancement of the environment.
a. Precautionary principle
b. Continuing mandamus
c. Strategic lawsuit against public participation (SLAPP)
d. Supreme Court
6. failure to comply with the orders from law enforcement
authorities shall be punished for?
a. Contempt c. Omission
b. Obstruction of justice d. Criminal law
7. Who promulgated the Rule on Cybercrime Warrants in
2018?
a. MTC c. CA
b. RTC d. SC
8. Onel Guzman was the dropout student who
created the I LOVE YOU virus.
a. true c. partly true
b. false d. partly false
9. The I LOVE YOU virus infected only the computer
and networks in Asian Region.
a. true c. partly true
b. false d. partly false
10. The court shall have this period from the filing of
the complaint to try and decide the case in relation to
environmental cases.
a. 1 year c. 6 months
b. 2 years d. 3 years
11. The Environmental Protection Agency of the
Philippines is headed by?
a. Chairperson c. Director
b. President d. Chairman
12. The primary arm of the government responsible
for the conservation and protection of the country's
environment and natural resources.
a. Secretary c. President
b. Vice-president d. Director
15. Who shall assist the Chairman of the EPA?
a. Secretary c. President
b. Vice-president d. Director
16. Onel was convicted of cybercrime here in the
Philippines.
a. true c. partly true
b. false d. partly false
17. The Philippines among the countries penalizing
cybercrime.
a. true c. partly true
b. false d. partly false
18. The Supreme court does not allow the evidence in
electronic form.
a. true c. partly true
b. false d. partly false
19. GG Maria Gener was the first convicted hacker in
the Philippines.
a. RA 6969 b. RA 8749
c. RA 9275 d. RA 9003
23. The law aims to regulate, restrict or prohibit the
importation, manufacture, processing, sale,
distribution, use and disposal of chemical
substances and mixtures that present unreasonable
risk tohuman health.
a. RA 6969 b. RA 8749
c. RA 9275 d. RA 9003
24. The law aims to protect the country's water
bodies from pollution from land-based sources
(industries and commercial establishments,
agriculture and community/household activities).
a. RA 6969 b. RA 8749
c. RA 9275 d. RA 9003
25. The unlawful or prohibited acts of libel as defined
in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or
any other similar means which may be devised
in the future
a. Phishing c.Cryptojacking
b. Cyber espionage d.Ransomware attack
29. when spam emails, or other forms of
communication, are sent en masse, with the intention
of tricking recipients into doing something that
undermines their security or the security of the
organization they work for.
a. Phishing c.Cryptojacking
b. Cyber espionage d.Ransomware attack
30. Prepare _________ in which the gathering process must
be documented which should include a timestamp, digital
signatures, and signed statements.
a. list c. documents
b. chain of custody d. check list
31. The CPU can also be thought of as the
_____________ of the computer.
a. Body c. Heart
b. Brain d. Face
32. What is the bus of a computer?
a. CPU c. RAM
b. Monitor d. Motherboard
33.When a computer starts up, it begins to load
information from the hard disk into its working
memory. This working memory, called
a. CPU c. RAM
b. Monitor d. Motherboard
34. Carries out the commands sent to it by the
software and returns results to be acted upon.
a. CPU c. RAM
b. Monitor d. Motherboard
35. What are the basic components of a personal
computer, except?
a. mouse c. byte
b. CPU d. server
41. Acts as the "brain" of your computer.
a. mouse c. byte
b. CPU d. server
42. The unit of memory is called?
a. mouse c. byte
b. CPU d. server
43. The information that we get through the Internet
are stored in machines, these machines are called:
a. mouse c. byte
b. CPU d. server
44. With a warrant, persons can invoke their
constitutional right against unreasonable searches
and seizures.
a. True c. partly false
b. False d. it depends
45. Temporarily stores information that the CPU uses
while the computer is on:
a. Client c. byte
b. RAM d. server
46. These types of hackers intend to hack
government websites.
a. Hacktivist
b. Malicious insider or Whistleblower
c. Ethical Hacker
d. State/Nation Sponsored Hackers
47. These types of hackers include individuals
working in an organization who can expose
confidential information.
a. Hacktivist
b. Malicious insider or Whistleblower
c. Ethical Hacker
d. State/Nation Sponsored Hackers
48. Are those who are hired and are given permission
to attack the system.
a. Hacktivist
b. Malicious insider or Whistleblower
c. Ethical Hacker
d. State/Nation Sponsored Hackers
49. They use their knowledge to gain confidential
information from other countries.
a. Hacktivist
b. Malicious insider or Whistleblower
c. Ethical Hacker
d. State/Nation Sponsored Hackers
50. Hackers intend to stop the attack of black hat
hackers.
A. Access C. Communication
B. Alteration D.Computer
55. refers to an electronic, magnetic, optical,
electrochemical, or other data processing or
communications device, or grouping of such
devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any
storage facility or equipment or communications
facility or equipment directly related to or operating
in conjunction with such device.
A. Access C. Communication
B. Alteration D.Computer
56. refers to a computer or a computer network, the
electronic medium in which online communication
takes place.
A. Access C. Communication
B. Alteration D. Cyber
57. The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy,
reputation, and deprive others from registering the
same.
A. Cybersquatting C. Communication
B. Alteration D. Cyberspace
58. The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic
document, or electronic data message, without right,
including the introduction or transmission of viruses.
A. Cyber C. Cybercrime
B. Cybersquatting D. Cybersecurity
60. The access to the whole or any part of a
computer system without right.
a. Computer-related Fraud
b. Computer-related Identity Theft
c. Computer-related Forgery
d. Misuse of Devices
63. The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether natural or
juridical, without right
a. Computer-related Fraud
b. Computer-related Identity Theft
c. Computer-related Forgery
d. Misuse of Devices
64.The input, alteration, or deletion of any computer data
without right resulting in inauthentic datawith the intent that
it be considered or acted upon for legal purposes as if it
were authentic, regardless whether or not the data is directly
readable and intelligible.
a. Computer-related Fraud
b. Computer-related Identity Theft
c. Computer-related Forgery
d. Misuse of Devices
65. The act of knowingly using computer data which
is the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent
or dishonest design.
a. Computer-related Fraud
b. Computer-related Identity Theft
c. Computer-related Forgery
d. Misuse of Devices
66. The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right,
A device, including a computer program, designed or
adapted primarily for the purpose of committing any of
the offenses under this Act;
a. Computer-related Fraud
b. Computer-related Identity Theft
c. Computer-related Forgery
d. Misuse of Devices
67. The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, A
computer password, access code, or similar data by which
the whole or any part of a computer system is capable of
being accessed with intent that it be used for the purpose of
committing any of the offenses under this Act.
a. Computer-related Fraud
b. Computer-related Identity Theft
c. Computer-related Forgery
d. Misuse of Devices
68. Refers to any computer data other than the
content of the communication including, but not
limited to, the communication’s origin, destination,
route, time, date, size, duration, or type of underlying
service.
a. 72 hours c. 6 months
b. 1 month d. until the trial ends
77. Upon the issuance of a court warrant, shall be
authorized to collect or record by technical or
electronic means, and the service providers are
required to collect or record by technical or
electronic means and/or to cooperate and assist in
the collection or recording of computer data.
a. NBI c. CIDG
b. PNP d. Law enforcement authorities
78. Law enforcement authorities, upon securing a
court warrant, shall issue an order requiring any
person or service provider to disclose or submit
computer data, within how many hours?
a. 8 hours c. 24 hours
b. 12 hours d. 72 hours
79. Law enforcement authorities may request for an
extension of time to complete the examination of the
computer data storage medium and to make a return
thereon, but in no case for a period longer
than?
a. 3 days c. 30 days
b. 15 days d. until the examination is done
80. How many hours does the computer data,
including content and traffic data, that are examined
under a proper warrant shall be deposited in court.
a. NBI c. CIDG
b. PNP d. Law enforcement authorities
84. All other data to be collected or seized or
disclosed will require a?
a. Investigation c. warrant
b. search d. hacker
85. The preservation of computer data may be
extended for how many months?
a. 72 hours c. 6 months
b. 1 month d. until the trial ends
86. Physical Forensics and Investigation Phase is the first
stage of incident handling procedures, which must be
applied before handling any investigation, the purpose of
this phase is to make sure that the operation and
infrastructure can support the investigation.
a. 1 c. 3
b. 2 d. 4
97. What type of warrant to disclose subscriber's
information, traffic data, or relevant data in his/her or
its possession or control within 72 hours from
receipt of the order.
a. 12 hours c. 72 hours
b. 24 hours d. Immediately after