October 2, 2012

• When crime goes digital

  News

  This article was written and submitted to The FREEMAN on August 28, 2012, days before the Cybercrime Prevention Act of 2012 was signed into law (September 12, 2012) by Philippine President Noynoy Aquino. This article never saw print. Today, as the law takes effect tomorrow, October 3, the issue continues to remain to be significant especially among Filipino netizens, whose freedom of expression is threatened by this otherwise contemptuous law, made by self-serving politicians to mum critics and disable free speech.

   

  When crime goes digital
  By Ritche T. Salgado, PTRP

  

  Near midnight mid-June, friends of human rights worker Jose Luis Blanco were alerted when someone posted on his Facebook wall using his account claiming that he died in an encounter between the Maoist Communist New People's Army and the Philippine military.

  "Jose Luis Blanco's burial will be on saturday in his hometown. He was killed in an encounter between NPA terrorists and the 79th IB. We request prayers for his misguided soul. – The family," the status declared.

  Around 120 kilometers North of Dumaguete City, Blanco boarded an empty bus bound for the city. Minutes later, four men in civilian clothes boarded the bus – a lady who sat beside him, two regular looking men who sat on the seat right behind him, while an older man positioned in the seat opposite his.

  "I was puzzled why they had to seat around me when the bus was empty and there were more seats available near the front," Blanco said. He was seated at the back, near the bus's back door.

  Eventually, the lady and the old man traded places and the latter initiated small talks with Blanco, calling him JLB.

  "That's how the military calls me," Blanco said, "JLB."

  The conversation then drifted to his family with the alleged military officer telling him that they were concerned with his welfare because eventually he might disappear considering the dangers of his work.

  Although scared, knowing that he will be subject to harassments and threats such as this have prepared him for such a situation. What he was not prepared of was the news waiting for him the next day.

  Blanco learned of the Facebook post when worried friends visited him early the next day, concerned that the post might be true.

  He admitted that although he was already blanketed in fear during his brief encounter with the people he alleged to be military officers, he said that when he learned of the Facebook post, that's when the reality of the threat overpowered him and he became even more troubled, unable to think and do his tasks.

  Harassment and threats, however, is not the only harmful activity that one might experience in the internet.

  Jon (not his real name), 22, a student of Foundation University was swindled of his P15,000 when he tried to buy an iPad2 over the internet.

  Jon came to know of the seller on the popular internet marketplace eBay.ph. Despite having paid the agreed price in full, the seller kept on asking for more money giving out one reason after the other. Finally, he could no longer give any more money and the seller refused to ship the item, that's when he decided to go to Negros Oriental Representative Jocelyn Sy-Limkaichong to ask for assistance. He was then referred to Silliman University's Dr. Jovito R. Salonga Center for Law and Development.

  News of human trafficking over the internet, especially of children, has also become a common staple for news stories. Last year, several cybersex dens in Cebu were raided by authorities, including one in Cordova which exploited minors.

  These cases are but some of the many instances when cybercrime can be committed against a person. These are also examples of crimes that the Cybercrime Prevention Act of 2012, which was signed into law last September 12 by President Simeon Benigno Aquino III, hopes to address.

  In a presentation dubbed Protecting our Cyberspace by Senator Edgardo Angara, the sponsor of the Senate version of the bill, he made mention of statistics that would raise the urgency of a law that would guard our cyberspace from predators.

  He said that 2011 data puts the number of internet users at 40 million, 94 percent of which are Facebook users. And in 2009, e-commerce transactions have reached 300-million pesos.

  It also made mention of studies done by internet security companies Symantec and Norton, which estimates that around 87 percent of Filipino internet users have been victims of one form of cybercrime or the other like malware invasion, phishing scams, sexual predation, and others; while in a span of 28 days, a 2011 study showed that on average, P12,200 is lost due to undetected cybercrime. Data from the Philippine National Police also revealed that since 2003, 81 government websites had been attacked by hackers.

  Last June 5 the Bicameral Conference Committee of the Philippine Congress convened to reconcile the conflicting provisions of the Senate and the House of Representative's versions of the bill. And just this August 15, the consolidated version was transmitted to Malacañan Palace for the President's approval.

  However, despite the increasing incidence of cybercrime in the country there are those who continue to express their reservations on the bill, reasoning that the country has enough laws that could be used to prosecute cyber criminals.

  In an interview with this writer, Kabataan Partylist (Youth Party) Representative Mong Palatino reiterated his reason for opposing the ratification of the bill.

  Cybercrime Mong Palatino August 23, 2012 by triboscup

  He particularly pointed out the provisions on cyberthreat and cyberdefamation.

  "Halimbawa, anonymous, Blogspot or WordPress or Yahoo!, ang gagawin ba ng government will it compel Google, Yahoo!, (Example, anonymous, Blogspot or WordPress or Yahoo!, will government compel Google, Yahoo!) these software companies to reveal the profile of that anonymous user?" he said.

  "Yung online libel, wala yun sa original na cybercrime (bill), dinagdag nila. So instead na ikaw ay gumagamit ng NBI, PNP versus this hacker, these cybercriminals na credit card identity thieves, and mangyayari it would be this individual versus this individual because he defamed me, he attacked my person online (Online libel was not part of the original cybercrime bill, it was just added. So instead of it being NBI or PNP versus this hacker, these credit card identity theives, what will happen is that it would be this individual versus this individual because he defamed me, he attacked my person online)," he said.

  For Palatino the solution to cyber defamation is education on the responsible use of the internet.

  "I am concerned that ang debate on cybercrime napupunta sa ibang (issue), in fact dabat ituring yung infringement ng state sa internet access as a cybercrime, yo'ong paglagay ng filter to content... So hindi lang dapat yan crimes against the state, kung hindi even crimes committed by the state (I am concerned that the debate on cybercrime will be diverted to a different issue, in fact, the state's infringement to internet access should be considered as a cybercrime... So, it should not be crimes against the state, but even crimes committed by the state)," he said.

  Another provision of the cybercrime bill that alarmed Palatino is the provision that would justify the harassment of those suspected of attempting to engage in cybercrime.

  "Any person surfing the web, innocently sharing some virus-infected files, can be accused of aiding or attempting to commit cybercrime," he explained during his interpellation speech at the 15th Congress, May of this year before it was finally approved on third reading in the House of Representatives last May 21 with 211 congressmen voting for the bill and zero voting against or abstained from voting.

  Palatino believes that the country has enough laws that would address the concerns on cybercrime. He said that what needs to be done is to expand these laws.

  "Yung cybersex, halimbawa, marami ng batas tungkol doon e. Meron tayong law against cybersex, meron na tayong law against Photo and Video Voyeurism Act of 2009 because of Hayden Kho... meron na nga rin tayong E-Commerce Law e, bawal ang hacking, phishing (On cybersex, we have enough laws for them. We have laws against cybersex, we have a law on Photo and Video Voyeurism Act of 2009 because of Hayden Kho... we also have the E-Commerce Law that forbids hacking, phishing)," he said.

  

  Atty. Myrish Antono, director of the Salonga Center, agrees with Palatino.

  "We have several laws like the Consumer Act of the Philippines and the E-Commerce Law," Antonio said, referring to laws that could be used to address crimes on commerce committed through the internet.

  "It is not that you are left with no remedy, it's just that the proof needed in court should also be based on the transaction, we have to go through the requirement of the E-Commerce Law, which is not too difficult," she added.

  "A cybercrime law is needed to protect our internet users," said Palatino, adding that a cybercrime law however should address those crimes with "economic impact at may mga security threats."

  "Doon tayo magfocus dapat (We should focus there)," he said.

  For the meantime, as we wait the final journey of the law that hopes to address crimes committed through the internet, we can be assured that our existing laws coupled with the awareness on the safe use of the internet is enough to protect our rights and safety over the internet. 

  Photos taken from the internet. Video courtesy of Right2Net on YouTube.

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