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AMICUS OMNIUM FILES 31/08/2023

Module 1: Overview of Cybercrime

INTRODUCTION TO CONTENTS:

CYBERCRIME
Lesson1.4. Cybercriminal and cybercrime network.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

As a criminology student, it is important to learn about cybercrime


because it is an increasingly prevalent and rapidly evolving area of crime.
Cybercrime can include activities such as hacking, identity theft, and
LESSON 1.1. Introduction cyberstalking, among others. Understanding the nature and impact of
these crimes is essential for effective law enforcement and crime
prevention efforts.
Additionally, knowledge of cybercrime is becoming increasingly important
for the private sector in order to protect against financial losses and
reputational damage.
Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester
AMICUS OMNIUM FILES 31/08/2023

It is an acronym that stands for the


We are living in a “digital world”, Internet of Things (IoT), denoting to
referring to the entirety of ‘smart objects’ or a system (network)
conditions that describe the living of physical devices and technology
situations in the digital era, such as vehicles, appliances and
significantly formed by a horde of other physical objects that are fixed
digital technologies (Lengsfeld, with sensors, software and network
connectivity that allows them to
2019).
collect and share data.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

 Digital native is a term coined by Marc Prensky in 2001.


 According to him, Digital Natives describe the generation of people who
grew up in the era of ubiquitous technology, including computers and
the internet.

 On the other hand, Digital Immigrants are the people who have had to
adapt to the new language of technology.

Another new term to describe those people


whose jobs, livelihoods, and lives have been
disrupted by the rapid advance of
information technology, automation, and
artificial intelligence, is Digital Refugees.
Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester
AMICUS OMNIUM FILES 31/08/2023

7 Generations
Digital Age refers to the
Technological Era of 1980
to Present .
Greatest Generation: Born 1901-1924.
Silent Generation: Born 1925-1945.
General concept of
LESSON 1.2.

January 1, 1983 – The


Baby Boomers: Born 1946-1964.
Generation X: Born 1965-1980.
cybercrime and cyberspace
official birthday of Millennials: Born 1981-1996.

INTERNET. Generation Z: Born 1997-2012.


Generation Alpha: Born 2013-2025.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

 Cybercrime, or computer-oriented crime, is a crime that  The United Nations Office on Drugs and Crimes (UNODC) commonly
involves a computer and a network (Brush, Rosencrance & defined Cybercrime as an act that violates the law, which is perpetrated
Cobb, 2021). using information and communication technology (ICT) to either target
networks, systems, data, websites and/or technology or facilitate a crime.
 Cybercrimes are offences that may be committed against
 As compared to traditional crime, cybercrime knows no physical or
individuals, companies or institutions by using computers, geographic boundaries, the commission is with less effort, greater ease, and
internet or mobile technology such as e-mail spoofing, at greater speed.
malwares, identity theft, bank frauds etc.
 It further provided that common cybercrimes committed are hacking,
 In short, it involves the use of the internet, computers, computer-related forgery and fraud (phishing), content offenses
and related technologies in the commission of a crime (disseminating child pornography), and copyright offenses (disseminating
(PSCCJP version). pirated content).
Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester
AMICUS OMNIUM FILES 31/08/2023

The US Department of Justice (DOJ) has divided cybercrime into the


following three categories:

 Crimes in which the computer acts as a weapon, i.e., performing DoS


(denial-of-service) attack, etc. Historical
LESSON 1.3.
 Crimes in which computer is an accessory to a crime, i.e., storing illegally
obtained data into the computer.
background of cybercrimes
 Crimes in which the computing device is the target, i.e., to get access to a
computer or network.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

 Cybercrime in the Philippines became known when the Ï Love You Virus
was globally released in 2000 by certain Onel De Guzman.  Not long after, the Department of Justice (DOJ) and the primary law
enforcement agencies, the National Bureau of Investigation (NBI) and
 It placed the country on the global cyber-map and pushed Congress to
pass the first Cybercrime law, Republic Act No. 8792 or the Electronic the Philippine National Police (PNP) Criminal Investigation and
Commerce (E-Commerce) Act of 2000”. Detection Group (CIDG)-established the first cybercrime forensics
laboratories in 2001- one for each agency given the need to build
 Hence, the concept of cybercrime which has been recognized as a capacity and to spur development of cyber investigations.
scourge in other parts of the world formally became a crime in the
country.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester


AMICUS OMNIUM FILES 31/08/2023

 When the E-Commerce Law (Republic  The I Love You Virus case brought us to
Act 8792) was passed, the Philippines the reality of how global cybercrime
 The Supreme Court, on the other hand, recognized the emerging crime can be where prosecution in one
then was considered as one of the
set and issued the Rules on Electronic Evidence on 17 July2001. This was countries with advance legislation in country may not be sufficient when
initially applicable only to all civil actions and proceedings, as well as prosecuting cybercrime. majority of victims maybe residing in
another location.
quasi-judicial and administrative cases. The Rules were subsequently  As the legislation was only passed last
amended on 24 September 2002 to include criminal cases (Scribd, June 2000, it wasn’t able to prosecute  The said virus caused damage from
Onel De Guzman who is believed to US$2 to 5 billion.
2021).
be the culprit behind the I Love You
Virus as the cybercrime got  Efforts in registering the Philippine
committed a month prior to the law’s Computer Emergency Response Team
passage. (PH-CERT) started with the support of
the National Computer Center.
Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

 Nearly two years after the law’s passage, a growing number of hacking attacks
and cybercrimes were recorded.  However, an Anti-Cybercrime bill (2001) was filed as early as then by former
Congressman Eric D. Singson. In the Senate, Senator Ramon Magsaysay Jr. was
 Most victims do not file a complaint for lack of clarity on how the process works.
also a supporter of the said legislation.
 Law enforcement was lagging behind due to lack of resources as the law did not
specifically provided for it.  First Internet libel case filed when DotPH CEO Joel Disini sued Fernando Contreras
 In 2001, a Convention on Cybercrime was proposed encouraging countries with Jr. of Philippine Domain Authority Convenors. Both parties used electronic
documents against each other as evidence in court. The case was dismissed for
cybercrime legislation to become a signatory. Countries with cybercrime lack of evidence.
legislation will pave the way for hackers who have caused havoc to be
accountable in countries where he or she has cause damage.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester


AMICUS OMNIUM FILES 31/08/2023

 Another Cybercrime bill was filed in 2003 that is seen as a complement to the E-
 The growth of home-based workers and business process outsourcing (BPO)
Commerce Law and Intellectual Property Code.
industries further strengthen the need for a Cybercrime Law as it is seen a factor in
 A growing number of companies are coming out as well announcing cases they
contributing to the future growth of this sector.
have filed against local scammers and hackers taking advantage of Filipino e-
commerce sites.
 This is important as investors have a lot of choices in the region and having an
 Total Security Systems Inc (TSSI) in 2003, with the cooperation of authorities,
efficient cybercrime legislation is seen as critical.
entrapped 3 suspected money remittance service fraudster who uses stolen credit
cards to load money in the service. With the growing number of crimes,
 Although most legislations around the world are local in application by nature.
organizations such as the PH-CER took on the advocacy of pushing for the
passage of a Cybercrime legislation.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

 First cybercrime conviction happened with Maria Giner convicted under the E-  In 2006, the enactment of a cybercrime legislation was also included in the
Commerce Law for hacking the government’s .gov.ph site. (Criminal Case No. country’s Commission on Information and Communication Technology (CICT)
419672-CR filed at Branch 14 of the Metropolitan Trial Court of Manila under Judge roadmap.
Rosalyn Mislos-Loja.
 In 2007. The CICT took a proactive role in advocating for various laws such as the
 On its 10th revision, the Cybercrime Prevention Bill was revised and covered Cybercrime Bill. Various groups also participated in hearings and consultation on
cellphone transactions and anti-spam measures. The International Intellectual various ICT policies. Growth in cybersex and child trafficking rings were noted.
Property Alliance saw the Cybercrime bill as an important measure in fighting
 Worries that not having a Cybercrime Law will make the Philippines a haven for
copyright piracy on the Internet.
individuals engage in various cybercrime. The DOJ believes that the proposed law
should not duplicate other laws to avoid giving an escape clause for offenders.
Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester
AMICUS OMNIUM FILES 31/08/2023

 As the years and technology has evolved, the E-Commerce Law was deemed  In 2009, need for a Cybercrime bill got a renewed boost this year when the Katrina
lacking in prosecuting a growing number of forms of cybercrime as technologies Hall and Hayden Kho sex scandal went viral as it involves computer theft and
evolve. unauthorized access to information that got posted online.

 The lack of a law also unable the country to participate in conventions that  In 2010, Norton reported that 9 out of 10 Filipinos are victims of various forms of
intends to facilitate mutual cooperation. cybercrime ranging from hacking attacks to online scams. PH-CERT also renewed
 Law enforcement was also becoming impatient as much is expected from them calls for the passage of Cybercrime Bill. It was passed at the House of
but the lack of law is preventing them from making progress. Although Representatives but got stalled in the Senate due to the election season.
investigation methodology improvements were being made continuously.
 In 2011, the Committee Report on Cybercrime Bill was submitted to the House of
 The first case filed this year involved stealing of company secrets. Representatives.

Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester

 In 2012, the Cybercrime Prevention Act of 2012, officially recorded as Republic Act
No. 10175 was approved on September 12, 2012. It aims to address legal issues
concerning online interactions and the Internet in the Philippines.

 Due to a overwhelming protest against the law, the Supreme Court decided to
issue a temporary restraining order, pausing implementation of the law for 120
days in October 8, 2012.

 On 12 August 2015, the IRR of the Cybercrime Prevention Act of 2012 was finally
signed at a ceremony held in Manila attended by a spectrum, of stakeholders.
The IRR were duly filed with the University of the Philippines Law Center on 21 See you!
September 2015 and published in two newspapers of general circulation on 24
September 2015. It took effect fifteen (15) days after(Scribd, 2021).
Introduction to Cybercrime 1st Semester Introduction to Cybercrime 1st Semester
AMICUS OMNIUM FILES 31/08/2023

FOR YOUR GUIDANCE:

1. Prepare for a formative quiz by the next meeting.

2. Prepare for a Graded oral recitation.

3. Continuation of lecture and discussion by next week.

4. Refer to your Course Syllabus and Course Guide.

Introduction to Cybercrime 1st Semester

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