Cybercrime bill passes third reading in Senate

MANILA, Philippines — (UPDATE 4:58PM) The Senate on Monday passed on third reading a proposed measure seeking to penalize and prevent cybercrime activities committed in the Philippines, the first ICT-related law that could be passed in more than a decade.

Filed by Senator Edgardo Angara, Senate Bill No. 2796 or the Cybercrime Prevention Act of 2012 establishes “a legal framework for the investigation, apprehension and prosecution of cybercriminals” and creates the National Cybersecurity Coordinating Council (NCCC)

The bill was passed despite the Senate’s hectic schedule in view of the ongoing impeachment trial of Chief Justice Renato Corona.

According to Angara, the bill provides penalties for cybercrime activities such as illegal access and interception of computer data including government infrastructure; computer-related forgery and fraud; cybersex; and online child prostitution, among others.

The bill also seeks to penalize unsolicited forms of online advertising — which often come in the form of spam — but provides some workarounds the following cases: messages must have an “opt-out” option; they must not disguise the source; and they must not purposely include any misleading information “in order to induce the recipients to read the message.”

Under the bill, any form of libel committed through electronic means and other devices that would be invented in the future shall also be penalized. This means blogs and various forms of social networks will be covered under the proposed law.

Aside from the NCCC, the bill also mandates the creation of the Office of Cybercrime under the Department of Justice, and the National Cyber Security Center under the Information and Communications Technology Office.

A budget of P50 million will be set aside to implement the provisions stated under the proposed law.

Angara, also the chair of the Congressional Commission on Science & Technology and Engineering (COMSTE), said the passage of the bill in the upper chamber sends a clear message “that the Philippines is taking decisive steps in safeguarding the digital space.”

“[The bill also assures] the Philippine’ transition into a full-fledged knowledge-based economy,” Angara added.

The bill’s passage in the Senate came amid constant attempts by Philippine-based hackers to deface government websites and other online properties, which Angara said would already be punishable should the bill be signed into law.

Various law-enforcement agencies — particularly the Criminal Investigation and Detection Group (CIDG) of the Philippine National Police (PNP)–have time and again pointed out that they are “virtually helpless” in going after such hackers since no legal framework exists in the country to prosecute them.

The PNP-CIDG went as far as pointing out that the country has become a “Cybermafia haven” because the lack of a cybercrime law made it attractive for trans-national cybercrime syndicates to establish their bases here.

Angara, however, pointed out that the bill would still have to undergo bicameral review along with their counterparts in the lower house, but stressed his optimism that “our counterparts in the House of Representatives will act as decisively.”

Various versions of the Cybercrime Prevention Bill have been filed in the previous Congresses but had failed to see the light of day because they were sidetracked by other engagements of Congress.

It will be remembered that it was in 2000 when Congress passed the last ICT-related bill called the E-Commerce Act, which was then hailed for its pioneering efforts to combat cybercrime in the country.

Should the bill pass, it would be the first time that the E-Commerce Act would be amended in more than a decade.