Computer Hacking and Cyber Crime Law Essay

COMPUTER HACKING AND CYBER CRIME truthHistory of HackingAccording to (Clifford R.D. 2006) a cracker or cracking is to affect unauthorized retrieve to a calculating machine in state to endue a nonher crime much(prenominal) as destroying training contained in t wear institution. These subgroups whitethorn samely be de bookd by the reasoned condition of their activities. Eric S. Raymond (author of The New drudges Dictionary) advocates that members of the estimator down the stairsground should be call(a)ed crackers. Yet, those flock come upon themselves as hackers and until now try to entangle the views of Raymond in what they see as one wider hacker culture, a view harshly rejected by Raymond himself. Instead of a hacker/cracker dichotomy, they allow more than emphasis to a spectrum of different categories, such as white hat, greyish hat, black hat and script kiddie. World Of HackingHacking is the practice of modifying the features of a transcription, in order t o accomplish a goal outside of the creators maestro propose. The soul who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their choice, is called a hacker. Modifying the features of a musical arrangement.Gaining an unauthorized access to a computing machine system.Breaks into a system security.Refers to the hobby/profession of working with calculators.It also round learning how a system works and how to exercise it do things it wasnt designed to do, or you consument got the privileges to do. HackerA hacker is someone who seeks and exploits weaknesses in a computer system or computer electronic network. Hackers may be motivated by a multitude of fences, such as profit, protest, or challenge. The subculture that has evolved around hackers is often referred to as the computer underground and is now a known community. White Hats betterGray hats thoroughly or badBlack hats bad bridge player kiddieA script kiddie (also known as a skid or skiddie) is a non-expert who breaksinto computer systems by using pre-packaged automated tools written by opposites, usually with little understanding of the underlying concepthence the termi ground script (i.e. a prearranged plan or set of activities) kiddie (i.e. kid, childan undivided lacking knowledge and experience, immature). Blue hatA blue hat hacker is someone outside computer security consulting firms who is utilized to pink test a system prior to its launch, looking for exploits so they piece of ass be closed. Microsoft also uses the term Blue Hat to represent a series of security briefing events. Hacker Code Of Ethics impose (1984) suggests that thither is a code of ethics for hacking which, though not attach on the walls, is in the air Access to reckoners and boththing which might teach you something round the way the world works should be unlimited and total. Always final payment to the Hands-On ImperativeAll information should be f ree.Mistrust self-confidence Promote Decentralization.Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position. You tidy sum create art and beauty on a computer. computers can change your life for the better.CYBER CRIME LAWSenator Angara is defined as some(prenominal) illegal and criminal act action at law affiliated on the internet. State Policy Regarding Cyber CrimesThe State Recognize..1. The vital role of information and communication industries such as content production, telecommunication, broadcasting, electronic commerce, and information processing, in the nations overall social and economic evolution. 2. The importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communication technology to attain free, easy and intelligible access to exchange and/or delivery of information. 3. The involve to protect and safeguard the integrity of co mputer, computer and communication systems, network, and selective informationbases and the confidentiality, integrity, and handiness of information and info stored thitherin, from all forms of misuse, abuse, andillegal access by making punishable under the law such conduct or conducts. Cyber Crimes Offenses1. Offenses against the confidentiality, integrity and availability of computer data and systems. A. Illegal Access The headingional access to the tout ensemble or some(prenominal) sever of a computer system without remedy. portion of Computer SystemThere must(prenominal) be a spin a group of interconnected or related thingmabobs. At least(prenominal) one of the de delinquencys performs automatic processing of data pursuant to a program. The device need not be connected in a network as long as it consists of both hardware and software and select input, output and storage facilities. Element of the offense of illegal Access1.There must be an designal access in who le or whatsoever part of a computer system. 2. The somebody who attempts, or is accessing, or had al position access the data has no right to access to the system. An Authorized individual may not be authorized.B. Illegal InterceptionInterception refers to the listening to, recording, monitoring or surveillance of the content of communication. Elements of Illegal Interception1. It must be intentional.2. It must be by technical lowlys.3. The soul involved is without each right to do the intercept. 4. The transmission of computer data to, from, or within a computer system is non- universal. 5. It must not fall in whatsoever exemption.C. information InterferenceIntentional or reckless alteration of computer data without right. C.System InterferenceIntentional or reckless hindering without the right of the run of a computer system by inputting, transmitting, deleting or altering computer data or program. MisUse of DevicesThe use, production, sale, procurement, importation, dist ribution, or differently making available, without right, of device, including acomputer program, designed or adapted primarily for the purpose of committing each of then offenses under this act Or -a computer password, access code, or similar data by which the whole or some(prenominal) part of a computer system is capable of be accessed with intent that it be used for the purpose of committing any of the offenses under this act CYBERSEX AND CHILD filthCYBERSEX-Any individual who establishes, maintains or controls, transportly or indirectly any transaction for sexual activity or arousal with the aid of or by dint of the use of a computer system, for a esteem or consideration. minor Pornography-refers to pornography depicting sexually explicit activities involving a child. It may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film video, and video games. infant pornography is divided into simulated child pornography and pornography which was produced with direct involvement of the child (also known as Child Abuse Images.) For a person to be fineable of cybersex as defined by the cybercrime law, all the following elements must be present There must be an operation for sexual activity or arousalThe sexual activity or arousal is done with the aid of or through and through the use of a computer system The activity is done for a favor or consideration.The operation is/ was established, maintained or controlled by a person directly or indirectly. From the above, element no.3 should NOT have been included by our law makers. What is the penalty for this Crime?Any person found guilty of the cybercrime of cybersex shall be penalise with im prisonment of prison mayor or a fine at least Two Hundred Thousand Pesos ( Php 200,000.00) provided not exceeding One Million Pesos (1,000,000.00) or both. Sec. 5 early(a) OffensesThe following acts shall also constitute an offense1. Ai ding or abetting in the focussing of Cybercrime Any person who exitfully abets or aids in the commission of any of the offenses enumeratedin this Act shall be held liable. 2. Attempt in the explosive charge of Cybercrime A prosecution who forgetfully attempts to commit any offenses enumerated in this Act shall be held liable. Sec. 6 Liability under other truthsA prosecution under this Act shall be w/o prejudice to any liability for violation Of the Revised punishable Code, as amended or special lawsCOMPUTER- relate OFFENSESComputer-related forgeryComputer-related FraudUnsolicited commercial Communications1.) Computer-related forgery-(a) the intentional input, alteration, or cut of any computer data w/o right resulting in misbegotten data w/ 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 (b) the act of knowingly using computer data which is the product of com puter-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2.) A pe rson is guilty of forgery if(a)With purpose to defraud or injure anyone OR(b) With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone the actor 1.) alters any writings of another without his authority2.) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize the act, or to have been executed at a time or place or in a numbered sequence other than was in fact the national, or to be a copy of an original when no such original existed or 3.) utters any writing which he knows to be forged in a manner specified in the revised penal code. Elements of Computer related Forgery.First type of Offense ACTIVE COMPUTER cogitate FORGERY(a) There must be an intentional input, alteration, or deletion of any computer data without right (b) The result is an inauthentic d ata(c) The intent is to use the inauthentic data to be considered or acted upon as if it is authentic Second type of Offense PASSIVE COMPUTER RELATED FORGERYa) There must be an existing inauthentic data brought about by the elements of ACTIVE computer-related forgery. b) Knowingly acting on the inauthentic data for the purpose of perpetuating a fraudulent or dishonest design. 2.) Computer Related FraudIf A had a loan from his cooperative and the lone(prenominal) evidence of such loan is the records stored in the cooperatives computer system, A with intent to procure economic benefit, changed the source code of the systems program so that on an particular date, the system will hang and immediately cause the malfunctioning of the said system. Thus, A can comfortably deny that he still has an obligation to the cooperative. 3.) Unsolicited Commercial Communications-The transmission of commercial electronic communication with the use of a computer system which seek to advertise, sell, or offer for sale products and serve are prohibited unless a. There is a prior affirmative assume from the recipient or b. The following conditions are presenti. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject pass on of further commercial electronic pass ons (opt-out) from the same sourceii. The commercial electronic communication does not purposely disguise the source of the electronic message andiii. The commercial electronic communication does not purposely include guide information in any part of the message in order to induce in the recipients to read the message.BLOGBlog can also be used as a verb, meaning to maintain or add content WHAT IS BLOGGING ? A new form of grimace where in you ex bosom your thoughts and ideas about a specific topic . BLOGGERS Tina Hamilton is a veterinary surgeon journalist , a social media guru and a aspiring blogger who enjoys covering a wide range of topics. She currently works with a professional SEO advisor in her attempt to gain an education in the industry canful Charles Edward Carlos Pamintuan Celdran also known as CARLOS CELDRANHe is truly proud of cosmos a Filipino as his blog Celdrantours tries to change how the world sees Manila. finished his blogs. INTRODUCTIONWith the emergence and popularity of blogging as a new form of expression, the reportage of defamation laws has extended to cyberspace. The consequences is that, populate who are adversely affected by writings in this medium is bringing lawsuits to protect their name and reputation. piece the Philippine Constitution protects bloggers right to free speech and expression, this does not give them unfettered license to write to the detriment of others. This Chapter discusses the persons right to free speech and expression while respecting the persons honor. This chapter aims to agree the reader relevant knowledge to supplement his skills in determining whether or not a certain form of exp ression is within the sphere guaranteed by the Constitution. Bases of the attemptd of the Right of Freedom of Expression Two (2) Philosophical Bases for the Guarantee of this RightDiscovery of truthFor self-governmentIn the case of US vs. Bustos (37 Phil. 731), in which the substituteants were charged with decry of a public officials for statements made Mr. evaluator Malcolm, writing the opinion of the motor lodge, said Public policy, the welfare of society, and the orderly administration of government, have demanded protection for public opinion. The inevitable and incontestable result has been the development and adaptation of the doctrine of privilege. A public official must NOT be too thin-skinned with reference to comment upon his official acts. orbital cavity of the Freedom of ExpressionArticle III, branch 4 of the Phil. Constitution saysNo law shall be passed abridging the granting immunity speech, of expression, or the press, or the right of the people peaceably to assemble and petition theGovernment for redress of grievances.Article III, Section 18(1) of the Phil. Constitution saysNo person shall be detained solely by reason of his political beliefs and aspirations. QuestionBut how can we determine the scope of this expression?According to Justice Isagani Cruz, an authority in Constitutional law, the ideas that may be expressed under this freedom are NOT confined besides to those that are sympathetic or acceptable to the majority. To be really meaningful, it should allow the articulation of even the unorthodox view, though it be unfriendly to or mocked by others, or induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Justice Holmes said that this right exists NOT so untold for the thought that AGREES with us as for the thought that we detest. From this comes the famous statement from Voltaire VoltaireI may NOT agree with what you say, but I will defend to the dead your right t o say it. Freedom from prior ascendancy or censorshipPrior means official governmental restrictions on the press or other forms of expression in advance of actual event or dissemination. Freedom from subsequent punishmentThe freedom from prior restraint would set at naught if the citizen would hesitate to speak for fear of payback that he might suffer against the officials he criticized. Limitations on the Guarantee eludingTulfo wrote an article in his column in PDI On Target on October 13, 1989, stating that the Supreme Court rendered an idiotic decision in legalizing checkpoints, and again on October 16, 1989, where he called the SC stupid and sangkatutak na mga bobo justices of the Philippine Supreme Court. There are 2 kinds of returns which can be punished for disdain 1.Those whose object is to affect the decision in a pending case 2.Whose object is to bring courts to discreditStandards for allowable subsequent punishment rivuletCRITERION1. risk of exposureous TendencyTestT here should be a keen CONNECTION between the speech and the evil apprehend2.Clear and Present DangerTestThere should be a clear and present risk of exposure that the words when used under such circumstances are of such a nature as to create a CLEAR AND ease up DANGER that they will bring about the substantive evils that the State has a right to prevent3.Balancing of InterestTestThe courts should BALANCE the PUBLIC evoke served by legislation on one hand and the FREEDOM OF run-in (or any other constitutional right) on the other. The courts will then conclude where the greater weight should be placedLIBELA legal term for something written which is harmful to a persons reputation. is a defamation committed by means of writing, printing, lithography, engraving, radio, phonography, painting, representation exhibition, cinematographic exhibition, or any similar means. sully is punished by our Revised Penal Code which statesArt. 353. Definition of decry. A libel is public and ma licious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or disrespect of a natural or judicial person, or to blacken the memory of one who is dead.Art. 354. Requirement for Publicity. all defamatory imputation is presumed to be malicious, even if it be true(a), if no good intention and justifiable motive for making it is shown, except in the following cases 1.A buck private communication made by any person to another in the performance of any legal, moral or social duty and 2.A picturesque and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or any of statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions Art. 355. Libel means by writings or similar means. A libel committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibitions, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000, or both, in addition to the civil action which may be brought by the offended party. DefamationElements of DefamationFor a person to be convicted of defamation, the following elements should be present. 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly.3. It must be malicious.4. The imputation must be directed at a natural or juridical person, or one who is dead. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Absolute Privileged CommunicationTo illustrate, let us rejoin the privileged speech delivered by Sen. Revilla in the Senate last 2009, in that instance, he called Dr. Hayden Kho Maniac. Buwang itong doctor na ito. Baliw, Mr. President, he further said. Qualified or Conditionally Privileged CommunicationsUnder this privilege, the freedom of the liability for an otherwise defamatory utterance is conditioned on the absence of express ill will or cattiness in fact. Thus, in reTulfo (supra), notwithstanding the freedom of the press guarantee of the Constitution, the respondent was severely censured because there is malice brought about by a disrespectful language. A good example which will illustrate the absence of malice in rendering fair and true report is the case of GMA interlock vs Bustos (G.R. No. 146848 October 17,2006). Interpreting The Libelous argumentThe alleged libelous article must be construed as a whole (Jimenez vs. Reyes, 27 Phil.52) The Meaning given by the writer nor by the offended person is Immaterial. If the libelous statement shall be interpreted by the writer, then the writer can easily escapes by giving an variant to the effect that malice is not present. On the other hand. If the offender person is the one who will interpret the libelous article, he can easily imputes malice against the writer to hold him liable. Meaning of PublicationPublications does not mean that the defamatory statement should be published in the newspaper of everyday circulation, televised in national television, neither by refereed ISI Journal, etc. There is publication when the communication of the defamatory matter is made to some third person or persons( People vs Atencio, Dec 14,1954) Thus, If Juan sent a earn to Pedro which reads Pablo is a thief, this is sufficient publication. Identification of the Party is Required in the 4thElementA blind item writer cannot be guilty of libel , as long as the person defamed cannot be identified. Thus, if the blind item states The married woman of the pound for pound king Although the name is not expressly mentioned, the person can b e easily identified, so the writer may be liable. General RuleEvery defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, exclusionExcept in the following cases This is the exemption to the general rule here malice is NOT presumed A Private communication made by any person to another in the performance of any legal, moral, or social duty and A fair and true report, made in good faith, without any comments or remarks, of anyjudicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. freeing back to our previous example, if Juan sent a letter to Pedro which reads Pablo is a thief , it is presumed that that there is MALICE on the part of Juan. It means that the law presumes that Juan is prompted by personal ill-will in making the communication to Pedro. Now, suppose Pablo really is a thief, will the law still presumed malice on the part of Juan? Yes, unless Juan has good intention and justifiable motive in making communication. Thus, If Pedro is looking for a cashier in his department store Juan will be warrant in making the communication so that Pedro wont convey Pablo who applied for the cashier position.The same holds true if the message was sent through ane-mail and/or textbook messages.Relevance of Knowing the Presumption of LawIf the case falls under the general rule, that is, malice is presumed, it is the writer or the criminate who has the burden of proof. Hence, the complainant will NOT be get to prove that there is a malice on the part of the accused. The accused will have to produce evidence that his claim against the complainant is true. Do not be confused, the accused is the writer that is why he is being accused of libel because he is the one who wrote the libellous statement. T he complainant is the offended party, that is, the person defamed that is why he is the one complaining. If the case falls under the exemption, it is the complainant who has the burden of proof like in the case of GMA Network vs Bustos, wherein Bustos, the complainant failed to prove that there is bad faith or malice on the part of GMA in showing the alleged malicious report. Libel in the InternetAfter reading the necessary materials pertaining to an individuals right to freedom of expression and the libel law, we are now ready to study its application using the internet as its medium. Let us start our study with the following scenario. Libel in the internet or e-libel is within the Scopeof Libel Defined in the Revised Penal code The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this case to support their opinion that e-libel is beyond the ambit of libel provided by the Revised Penal Code. According to them since the SC had dismiss ed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I beg to disagree. If you will read the full text of the case of bonifacio vs Jimenez, it is very clear that Jimenez did not win the case because of the impose on _or_ oppress choice of option.If Jimenez simply alleged in the information that they are (or at least one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense, that is enough to vest jurisdiction to the RTC-Makati and enable the letter to hear and decide the case on the merits. The case was dismissed because RTC-Makati failed to set about jurisdiction of the case NOT because there is no e-libel in our country. other argument is that, at the time the revised penal code was enacted, there is no internet yet, hence, the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce the pertinent provision of the libel law regard to this, frankincense Art.335.Libel means by writings or similar means.*A libel committed by means of writing, printing, lithography, engraving, radio, phonagraphy, painting, theatrical exhibit, cinematographic exhibition, or any similar means (big emphasis supplied).