Midterms Exam Cdi 9 24
Midterms Exam Cdi 9 24
Multifunction printers
Many all-in-one, multifunction devices have printer and scanning capabilities in one reasonably
compact product, which has dominated the market over recent years and continues to grow.
The most common models include an inkjet printer and scanner for home use and a laser printer
version for home and other office applications.
Computer Speakers
Speakers can connect to the sound card at the rear of the computer. Another way they can be
connected is by a monitor that already has built-in speakers.
CHAPTER II
PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of
cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data
and systems:
(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 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.
(3) Data Interference. — 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.
(4) System Interference. — The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or
(bb) 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.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under
this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad
faith to profit, mislead, destroy reputation, and deprive others from registering the
same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with
the appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with 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; or
(ii) 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.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of
computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion of identifying information belonging to
another, whether natural or juridical, without right: Provided, That if no damage has
yet been caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity,
with the aid of a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial
electronic communication with the use of computer system which seek to advertise,
sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and
reliable way for the recipient to reject. receipt of further commercial electronic
messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the
source of the electronic message; and
(cc) The commercial electronic communication does not purposely include
misleading information in any part of the message in order to induce the recipients to
read the message.
(4) Libel. — 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.
2. Illegal interception
Unauthorized interception of any non-public
– same as above
transmission of computer data to, from, or within a
computer system.
3. Data Interference
Unauthorized alteration, damaging, deletion or
deterioration of computer data, electronic document,
or electronic data message, and including the
– same as above
introduction or transmission of viruses.Authorized
action can also be covered by this provision if the
action of the person went beyond agreed scope
resulting to damages stated in this provision.
5. Misuse of devices
The unauthorized use, possession, production, sale,
procurement, importation, distribution, or otherwise
making available, of devices, computer program
designed or adapted for the purpose of committing
– same as above except fine should be no
any of the offenses stated in Republic Act
more than Five hundred thousand pesos
10175.Unauthorized use of computer password,
(P500,000).
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 Republic Act
10175.
6. Cyber-squatting
Acquisition of domain name over the Internet in bad
faith to profit, mislead, destroy reputation, and
deprive others from the registering the same. This
includes those existing trademark at the time of
registration; names of persons other than the
registrant; and acquired with intellectual property
interests in it.Those who get domain names of – same as above
prominent brands and individuals which in turn is
used to damage their reputation – can be sued under
this provision.Note that freedom of expression and
infringement on trademarks or names of person are
usually treated separately. A party can exercise
freedom of expression without necessarily violating
the trademarks of a brand or names of persons.
7. Computer-related Forgery
Unauthorized input, alteration, or deletion of
computer data resulting to inauthentic data with the
Prision mayor (imprisonment of six years and
intent that it be considered or acted upon for legal
1 day up to 12 years) or a fine of at least Two
purposes as if it were authentic, regardless whether
hundred thousand pesos (P200,000) up to a
or not the data is directly readable and intelligible;
maximum amount commensurate to the
orThe act of knowingly using computer data which is
damage incurred or BOTH.
the product of computer-related forgery as defined
here, for the purpose of perpetuating a fraudulent or
dishonest design.
8. Computer-related Fraud
Unauthorized input, alteration, or deletion of – same as aboveProvided, That if no damage
computer data or program or interference in the has yet been caused, the penalty imposed
functioning of a computer system, causing damage shall be one (1) degree lower.
thereby with fraudulent intent.
10. Cybersex
Willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with
Prision mayor (imprisonment of six years and
the aid of a computer system, for favor or
1 day up to 12 years) or a fine of at least Two
consideration.There is a discussion on this matter if it
hundred thousand pesos (P200,000) but not
involves “couples” or “people in relationship” who
exceeding One million pesos (P1,000,000) or
engage in cybersex. For as long it is not done for
BOTH.
favor or consideration, I don’t think it will be covered.
However, if one party (in a couple or relationship)
sues claiming to be forced to do cybersex, then it
can be covered.
12. Libel
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.Revised Penal Code Art. 355 states Libel
means by writings or similar means. — A libel
committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical
Penalty to be imposed shall be one (1) degree
exhibition, cinematographic exhibition, or any similar
higher than that provided for by the Revised
means, shall be punished by prision correccional in
Penal Code, as amended, and special laws, as
its minimum and medium periods or a fine ranging
the case may be.
from 200 to 6,000 pesos, or both, in addition to the
civil action which may be brought by the offended
party.The Cybercrime Prevention Act strengthened
libel in terms of penalty provisions.The electronic
counterpart of libel has been recognized since the
year 2000 when the E-Commerce Law was passed.
The E-Commerce Law empowered all existing laws to
recognize its electronic counterpart whether
commercial or not in nature.
13. Aiding or Abetting in the commission of Imprisonment of one (1) degree lower than
cybercrime – Any person who willfully abets or aids that of the prescribed penalty for the
in the commission of any of the offenses enumerated offense or a fine of at least One hundred
in this Act shall be held liable. thousand pesos (P100,000) but not exceeding
Five hundred thousand pesos (P500,000) or
both.
If you are going to include all provisions in the Revised Penal Code, there can even be more
than 16 types of cybercrime as a result.
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or
the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 12. (1) Any person under investigation for the commission of an offense shall have the right
to be informed of his right to remain silent and to have competent and independent counsel
preferably of his own choice. If the person cannot afford the services of counsel, he must be provided
with one. These rights cannot be waived except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of
detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released
on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.
(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause
of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding
the absence of the accused provided that he has been duly notified and his failure to appear is
unjustifiable.
Article 3. Definitions. - Acts and omissions punishable by law are felonies (delitos).
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).
There is deceit when the act is performed with deliberate intent and there is fault when the wrongful
act results from imprudence, negligence, lack of foresight, or lack of skill.
1. By any person committing a felony (delito) although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would be an offense against persons or property,
were it not for the inherent impossibility of its accomplishment or an account of the
employment of inadequate or ineffectual means.
Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as
those which are frustrated and attempted, are punishable.
A felony is consummated when all the elements necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs all the acts of execution which would
produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
There is an attempt when the offender commences the commission of a felony directly or over acts,
and does not perform all the acts of execution which should produce the felony by reason of some
cause or accident other than this own spontaneous desistance.
Article 8. Conspiracy and proposal to commit felony. - Conspiracy and proposal to commit felony are
punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of
a felony and decide to commit it.
There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.