Edited 7-8
Edited 7-8
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Partners and vendors also may be the inadvertent Credit cards, debit cards, and cash-machine cards all
source of hacker mischief because their systems may have magnetic strips or built-in computer chips that identify you
not be as well protected as the larger partner’s to the machine. Of course, credit cards, keys, and badges can
networks and computers, and so a third party may be lost or stolen. Signatures can be forged. Badges can be
penetrate their security. counterfeited.
CORPORATE SPIES WHAT YOU KNOW—PINs & PASSWORDS
Competing companies or individuals may break To gain access to your bank account through an automated
into a company’s computer system to conduct industrial teller machine (ATM), you key in your PIN.
espionage—obtain trade secrets that they can use for A PIN (personal identification number) is the security
competitive advantages. number known only to you that is required to access the
ORGANIZED CRIME system.
Members of organized crime rings not only steal Telephone credit cards also use a PIN.
hard ware, software, and data; they also use spam, phishing, passwords are special words, codes, or symbols required
and the like to commit identity theft and online fraud. to access a computer system. Passwords are one of the
Even street gangs now have their own web sites, weakest security links, and most can be easily guessed or
most of them perfectly legal, but some of them possibly used stolen.
as chat rooms for drug distribution. In addition, gangs use WHO YOU ARE—PHYSICAL TRAITS
computers the way legal businesses do—as business tools— Biometrics is the science of measuring individual body
but they use them for illegal purposes, such as keeping track of characteristics.
gambling debts and stolen goods. Biometric authentication devices authenticate a
CYBERWAR FIGHTERS person’s identity by verifying his or her physical or
Cyberwarfare, or cyberwar, is the use of behavioral characteristics with a digital code stored in a
computers and the internet to attack an enemy’s computer system.
information systems.
Cyberwar may be conducted on the level of 3. ENCRYPTION
psychological warfare, as has happened in the Encryption is the process of altering readable data
Middle East, for instance, where Israeli and into unreadable form to prevent unauthorized access,
Palestinian opponents in the Gaza war have used and it is what has given people confidence to do online
cellphones to warn the other side of impending shopping and banking. Encryption is clearly useful for
attacks. some organizations, especially those concerned with
trade secrets, military matters, and other sensitive data.
SECURITY: Safeguarding Computers & Communications
The ongoing dilemma of the Digital Age is Protection of Software & Data
balancing convenience against security. CONTROL OF ACCESS
Security is a system of safeguards for protecting Access to online files is restricted to those who have a
information technology against disasters, system failures, and legitimate right to access—because they need them to do their
unauthorized access that can result in damage or loss. jobs. Many organizations have a system of transaction logs for
We consider five components of security recording all accesses or attempted accesses to data.
1. DETERRENTS TO COMPUTER CRIME AUDIT CONTROLS
What are some ways to deter computer crime? Many networks have audit controls for tracking which
As information technology crime has become more programs and servers were used, which files opened, and so
sophisticated, so have the people charged with preventing it on. This creates an audit trail, a record of how a transaction
and disciplining its outlaws. was handled from input through processing and output.
ENFORCING LAWS PEOPLE CONTROLS
Law enforcement agencies regularly cruise online Because people are the greatest threat to a computer
bulletin boards and chat rooms looking for pirated software, system, security precautions begin with the screening of job
stolen trade secrets, child molesters, and child pornography. applicants.
Résumés are checked to see if people did what they
TOOLS FOR FIGHTING FRAUDULENT & UNAUTHORIZED said they did.
ONLINE USES separate employee functions, so that people are not
• Rule-based-detection software: In this technique, users allowed to wander freely into areas not essential to their
such as merchants create a “negative file” that states the jobs.
criteria each transaction must meet. (mga last digit ng sa Manual and automated controls—input controls,
resibo) processing controls, and output controls—are used to
• Predictive-statistical-model software: In this technique, check if data is handled accurately and completely during
tons of data from previous transactions are examined to create the processing cycle.
mathematical descriptions of what a typical fraudulent Printouts, printer ribbons, and other waste that may
transaction is like. The software then rates incoming orders reveal passwords and trade secrets to outsiders are
according to a scale of risk based on their resemblance to the disposed of through shredders or locked trash barrels.
fraud profile. 4. DISASTER-RECOVERY PLANS
• Employee internet management (EIM) software: Programs A disaster-recovery plan is a method of restoring
made by Websense, SmartFilter, and Pearl Echo-Suite are information-processing operations that have been halted by
used to monitor how much time workers spend on the web and destruction or accident.
even block access to gambling and porn sites. Mainframe computer systems are operated in separate
• Internet filtering software: Some employers use special departments by professionals, who tend to have disaster plans.
filtering software to block access to pornography, bootleg- Whereas mainframes are usually backed up, many personal
music download, and other unwanted internet sites that computers, and even entire local area networks, are not, with
employees may want to access. potentially disastrous consequences.
• Electronic surveillance: Employers use various kinds of A disaster-recovery plan is more than a big fire drill. It
electronic surveillance that includes visual and audio includes a list of all business functions and the hardware,
monitoring technologies, reading of email and blogs, and software, data, and people that support those functions, as
recording of keystrokes. Some companies even hire well as arrangements for alternate locations.
undercover agents to pretend to be coworkers. The disaster recovery plan also includes ways for backing
up and storing programs and data in another location,
ways of alerting necessary personnel, and training for
2. IDENTIFICATION & ACCESS those personnel.
The systems try to authenticate your identity by Privacy & Surveillance
determining (1) what you have, (2) what you know, or (3) who Surveillance implies an agent who accesses
you are. (whether through discovery tools, rules or physical/logistical
settings) personal data. Privacy, in contrast, involves a subject
WHAT YOU HAVE—CARDS, KEYS, SIGNATURES, & who restricts access to personal data through the same
BADGES means.
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When you start Access, the window you see is similar to
Privacy is the right of people not to reveal information other Microsoft Office applications in several ways – it
about themselves displays a title bar, the Ribbon and a status bar.
Unlike Word, Excel and Powerpoint, however, Access
Data Collectors and Spies does not have a standard document view with the
The rise of Big Data has led to continuing threats to database. Furthermore, many of the Ribbon buttons are
privacy from three giant sources there are considered as the unique to Access.
society’s data collectors and spies: Using the data stored in the table, you can use
1. From business organizations Access to create the following objects: queries, forms and
2. From governments, local to national reports. A query asks a question about the data stored in the
3. From foreign governments and criminal groups table. The database program searches for and retrieves
Business & Cyberspying information from a table or tables to answer the questions. You
1. Almost everything we do online is being scooped use forms to enter data into a table a report to print selected
up and recorded for use by marketers, and it’s data. All of these objects – tables, forms, queries and reports –
difficult to know what parts of our own lives still are stored in a single file, which is the database.
belong to us. EXPLORE MS ACCESS ENVIRONMENT
2. Whatever the impact on your personal privacy, it
seems unlikely that you can claim ownership of a
lot of data that’s being collected about you. At
work, for instance, you basically have no rights.
Government & Cyber spying
Governments at all levels spy on their citizens, sometimes
encouraged by the law, sometimes in spite of the law, often
unknown to us.
Local police, national ID cards, National Security Agency
(NSA), FBI, drones, and so on
Spying, Hacking, & Cyberwarfare by Foreign Governments
& Groups
The world is so interconnected that it is a constant struggle
for technology managers to keep us secure against cyber
invasions of all sorts.
Governments get involved in cyberwarfare —warfare
involving computers and the Internet in which one nation
attacks another’s information systems.
CHAPTER SUMMARY
Threats to computers and communication systems
includes errors and accidents, natural hazards,
computer crimes and computer criminals.
The five components of security to protect computer
and communications are the deterrents to computer
crime, identification and access, encryption, protection
of software and data and disaster-recovery plans.
Data collectors and spies in our society include
business organizations, governments and foreign Microsoft Access is a "relational" database
governments and criminal groups. application.
Relational means we can link together sets of data,
MODULE 7 we can relate the data.
DATABASE CONCEPTS Access allows us to relate our data, without the
collection of related information organized in a repetition that may occur anywhere else. In an Access
manner that provides for rapid search a retrieval. database, we can create both of the datasets and link them
A database management system (DBMS) is a
software program that is used to create, maintain and provide
controlled access to data.
A database and spreadsheet are somewhat
similar.
A database however, provides additional In Access the data is saved in Tables. As the data in
comprehensive functions for manipulating data. the Tables change, the rest of the Access database
will reflect the newest information
Database Structure A Query can pull from multiple Tables and allow you
A table is composed of columns and rows, referred to limit the records (rows) display by using criteria and
to as fields and records in Access. showing only the fields (columns) you want
Forms can be created to provide a "user‐friendly" side
Following is a description of the three table to your database. They are used to view and enter
components identified in the above image: your data in an interactive formatted structure.
The rows in the table are called records.
Each record is a group of related fields, such as all
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used to make menus and search windows that turn Reports
a simple data collection tool into a more interactive user‐ Reports are designed to create an organized output of
friendly application. data from your database.
Reports With a Report, you can group and summarize
created to print out your data in a formatted information.
structure. You can't edit the data in a Report, but if you make
They allow you to group and organize your data. the modifications in the Table, Query, or Form you will
Access works beautifully with Word for mail see the results when you open the Report again.
merges, but the Reports tool allows for the multi‐level Reports have four basic views: Report View, Print
summaries Preview, Layout View, and Design View
Planning the Database
1. Input ‐ What data do I already have for the database?
2. Output ‐ What information do I want to get out of the
database? MANAGING DATA IN A TABLE
3. Process ‐ What do I need to do to get there? The Navigation Pane:
The Navigation Pane is a list containing every object
Basic Access Objects Access consists of four main in your database. For easier viewing, the objects are organized
database objects: Tables, Queries, Forms, and Reports. into groups by type. You can open, rename, and delete objects
Each object has at least two views, Design and using the Navigation Pane.
"Data". To Minimize and Maximize the Navigation Pane:
The Design View is where we build the structure Click the double arrow in the upper-right corner of the
of that database object. Navigation Pane to minimize and maximize.
The data view shows the output of the data and
is different for each object. Sorting the Objects in the Navigation Pane:
Tables and Queries have a Datasheet View By default, objects are sorted by type, with the tables
Forms have a Form View, and Reports have a in one group, the forms in another, etc. However, you can
change how the objects are sorted. Click the drop-down arrow
Report View, or a Print Preview view.
to the right of the All Access Objects and click on a sort option
from the list.
Tables
Tables store data.
The Tables are the true 'database' (base of data).
These need to be created and properly linked
(related) in order to effectively use the other Access
tools.
Tables are the core of your database everything else
in Access depends on the Tables.
The Design View of a Table allows you to create and modify: ‐
Field Names (the column headings)
The type of data stored in a field (Data Type).
Understanding Views:
There are multiple ways to view a database object.
The two views for tables are Design View and Datasheet View.
Design View is used to set the data types, insert or delete
fields, and set the Primary Key
Datasheet View is used to enter and view the data for the
records
Switching Between Design View and Datasheet View:
Click the View arrow on the Home tab and click on
either Datasheet View or Design View
Creating a Table:
A table is a collection of data about a specific topic,
such as employee information, products or customers. The first
step in creating a table is entering the fields and data types.
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This can be done in either Datasheet View or Design View but A form is a database object that is used to enter or
it is recommended to set up the table in Design View. display data in a database. To Create a Form:
1. Open the table or query on which you are basing the form
2. Click on the Create tab
3. Click on Form in the Forms group
A form is created and opens in Layout View.
Sample Form
Reports:
To Create a Table in Design View: Reports can be based on tables or queries. To Create
1. Click on the Create tab a Report:
2. Click on Table 1. Open the table or query on which you are basing the report
3. Switch over to Design View on the Home tab 2. Click on the Create tab
4. If prompted to save the table, enter a name and click on OK 3. Click on Report in the Reports group
5. Type the field names and select the appropriate data type A report is created in Layout View.
for each field Sample Report
6. Continue until all fields are added Note: The order that you
enter the field names is the order the fields will appear in the
table.
Setting a Primary Key:
The Primary Key is the unique identifier for each
record in a table. Access will not allow duplicate entries in a
primary key field. When creating a new table, Access
automatically creates a field “ID” with the autonumber data
type, and assigns this as the Primary Key. Printing Reports:
To Set a Primary Key: To Print a Report:
1. In Design View, position your cursor in the field you 1. Switch to Print Preview from View on the Design tab under
wish to set as the Primary Key Report Layout Tools
2. Click the Primary Key button on the toolbar 2. Click the Print icon
3. Save the table 3. Click on OK
Note: To turn off the Primary Key simply click on the Primary
Key button again. Different Views:
Input Masks: Print Preview – allows you see what the report would look like
An input mask is used to pre-format a field to on a printed piece of paper
“look/act” a certain way when a user inputs data. Examples: Report View – allows you to see the data without having to
Social Security Number input mask automatically inserts the display it in
dashes; phone numbers automatically inserts the parentheses Print Preview Layout View – allows you make design
and dashes. The input mask data can either be stored in the changes while browsing your data
table or simply displayed and not stored. Design View - gives you a more detailed view of the structure
To Create an Input Mask for a Field: of your report
1. In Design View, click in a field for which you’d like to apply QUERY
an input mask Queries: You use queries to view, change, and analyze data in
2. In the Field Properties section at the bottom of the screen, different ways. You can also use them as a source of records
click in the Input Mask line and notice the Build button that for forms and reports. To Create a Query:
appears at the right end of the line 1. Click on the Create tab
3. Click the Build button to start the Input Mask Wizard 2. Click on Query Design in the Queries group
4. Select the appropriate input mask 3. Select the table that you would like to base your query on
5. Click Next 4. Click Add
6. Click Next for additional screens on which you can set 5. Repeat steps 3 and 4 until all tables are added
options for the input mask 6. Close the Show Table window
7. Click Finish on the last screen of the input mask wizard The table(s) will now be displayed in the upper part of
To Save the Table: the Query Design Screen by boxes containing the
1. Click the Save icon on the toolbar tables’ fields
2. Enter a name for the table if you haven’t done so already 7. Double-click on the field names in the field list window which
3. Click OK you would like to include in the query
Entering Data in a Table:
1. In Datasheet View, start typing the data into the table by Sample Query
pressing the tab key to move to the next cell
2. When you have completed the record (row), press Enter
3. You can also click on the New record icon on the Home tab
in the Records group
Navigating in a Table:
Use the arrows at the bottom of the table to navigate
among records.
Sorting Records in a Table:
1. Position your cursor in the field that you wish to sort Defining Criteria in the Query:
by clicking on any record in the table In order to control which records are displayed, you
2. Click either the Sort Ascending or Sort Descending must define criteria in a query. The most common type of query
icon on the Home tab in the Sort & Filter group is the Select Records query which will be discussed below.
To Define Criteria for Your Query:
1. Position your cursor in the criteria row in the field for which
CREATE FORM AND REPORT you wish to define the criteria for
Creating a Form: 2. Type the criteria Example: To find all Excel courses:
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3. Position your cursor in the criteria row of the Course ID field i. a device, including a computer program, designed
4. Type Excel (Access adds the quote marks to the criteria or adapted primarily for the purpose of committing any of the
automatically when you tab to the next column) offenses under this Act; or
5. Click the Run Query button ii. a computer password, access code, or similar data
by which the whole or any part of a computer system is
To Save the Query: capable of being accessed with intent that it be used for the
1. Click the Save icon purpose of committing any of the offenses under this Act.
2. Enter a name for the query b. The possession of an item referred to in paragraphs 5(a) (i)
3. Click OK or (ii) above with intent to use said devices for the purpose of
CHAPTER SUMMARY committing any of the offenses under this Section.
A database is a collection of related information Provided, That no criminal liability shall attach when the use,
organized in a manner that provides for rapid search a production, sale, procurement, importation, distribution, or
retrieval. A database management system (DBMS) is otherwise making available, or possession of computer
a software program that is used to create, maintain devices/data referred to is for the authorized testing of a
and provide controlled access to data. computer system. Any person found guilty of any of the
Microsoft Access is a "relational" database punishable acts enumerated in Section 4A of this Act shall be
application. Relational means we can link together punished with imprisonment of prision mayor or a fine of at
sets of data, we can relate the data. least Two Hundred Thousand Pesos (Php200, 000.00) up to a
Basic Access Objects Access consists of four main maximum amount commensurate to the damage incurred or
database objects: Tables, Queries, Forms, and both.
Reports. Each object has at least two views, Design B. Computer-related Offenses:
and "Data". 1. Computer-related Forgery –
MODULE 8 a. the intentional input, alteration, or deletion of any
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE computer data without right resulting in inauthentic
PREVENTION, INVESTIGATION, SUPPRESSION AND THE data with the intent that it be considered or acted
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER upon for legal purposes as if it were authentic,
PURPOSES regardless whether or not the data is directly readable
(Republic Act No. 10175) and intelligible;
PRELIMINARY PROVISIONS b. the act of knowingly using computer data which is
Title. – This Act shall be known as the “Cybercrime the product of computer-related forgery as defined
Prevention Act of 2012.” herein, for the purpose of perpetuating a fraudulent or
dishonest design.
Declaration of Policy. – The State recognizes the vital role of 2. Computer-related Fraud – the intentional and unauthorized
information and communications industries such as content input, alteration, or deletion of computer data or program or
production, telecommunications, broadcasting, electronic interference in the functioning of a computer system, causing
commerce, and data processing, in the nation’s overall social damage thereby, with the intent of procuring an economic
and economic development. The State also recognizes the benefit for oneself or for another person or for the perpetuation
importance of providing an environment conducive to the of 6 a fraudulent or dishonest activity; Provided, that if no
development, acceleration, and rational application and damage has yet been caused, the penalty imposable shall be
exploitation of information and communications technology to one degree lower.
attain free, easy, and intelligible access to exchange and/or 3. Computer-related Identity Theft – the intentional
delivery of information; and the need to protect and safeguard acquisition, use, misuse, transfer, possession, alteration or
the integrity of computer, computer and communications deletion of identifying information belonging to another,
systems, networks, and databases, and the confidentiality, whether natural or juridical, without right; Provided, that if no
integrity, and availability of information and data stored therein, damage has yet been caused, the penalty imposable shall be
from all forms of misuse, abuse, and illegal access by making one degree lower.
punishable under the law such conduct or conducts. In this Any person found guilty of any of the punishable acts
light, the State shall adopt sufficient powers to effectively enumerated in Section 4B of this Act shall be punished with
prevent and combat such offenses by facilitating their imprisonment of prision mayor or a fine of at least Two
detection, investigation, and prosecution at both the domestic Hundred Thousand Pesos (Php200, 000.00) up to a maximum
and international levels, and by providing arrangements for fast amount commensurate to the damage incurred or both.
and reliable international cooperation. C. Content-related Offenses:
PROHIBITED ACTS 1. Cybersex – Any person who knowingly undertakes,
Cybercrime Offenses. – The following acts constitute the organizes or facilitates directly or indirectly, any
offense of cybercrime punishable under this Act: operation for the lascivious exhibition of sexual organs
A. Offenses against the confidentiality, integrity and or for sexual activity with the aid of or through the use
availability of computer data and systems: of a computer system, for a favor or consideration.
1. Illegal Access - The intentional access to the whole or any
part of a computer system without right. Any person found guilty of any of this punishable
2. Illegal Interception - without right of any non-public offense shall be punished with imprisonment of
transmission of computer data to, from, or within a computer prision mayor or a fine of at least Five Hundred
system including electromagnetic emissions from a computer Thousand Pesos (Php500,000.00) but not exceeding
system carrying such computer data; Provided, however, That One Million Pesos (Php1,000,000.00) or both.
it shall not be unlawful for an officer, employee, or agent of a
service provider, whose facilities are used in the transmission Provided, that any person found guilty of committing
of communications, to intercept, disclose, or use that this punishable offense against three (3) or more
communication in the normal course of his employment while persons, individually or collectively, shall be punished
engaged in any activity that is necessary to the rendition of his with imprisonment one degree higher than that of the
service or to the protection of the rights or property of the prescribed penalty for the offense or a fine of more
service provider, except that the latter shall not utilize service than One Million Pesos (Php1,000,000.00) but not
observing or random monitoring except for mechanical or exceeding Two Million Pesos (Php2,000,000.00) or
service control quality checks. both.
3. Data interference - the intentional or reckless alteration of
computer data without right. 2. Unsolicited Commercial Communications - The
4.System Interference - the intentional or reckless hindering transmission of commercial electronic communication
without right of the functioning of a computer system by with the use of computer system which seek to
inputting, transmitting, deleting or altering computer data or advertise, sell, or offer for sale products and services
program. are prohibited unless: a. There is a prior affirmative
5. Misuse of Devices – consent from the recipient; or b. The following
a. The use, production, sale, procurement, importation, conditions are present:
distribution, or otherwise making available, without right, of:
i. The commercial electronic communication
contains a simple, valid, and reliable way for the
6
recipient to reject receipt of further commercial appropriate and necessary for the proper enforcement
electronic messages (‘opt-out’) from the same of this Act.
source; j.
ii. The commercial electronic communication does Information and Communications Technology Office. –
not purposely disguise the source of the The Information and Communications Technology Office
electronic message; and (ICTO) shall be responsible for formulating and implementing a
iii. iii. The commercial electronic communication national cyber security plan and extending immediate
does not purposely include misleading assistance for the suppression of real-time commission of
information in any part of the message in order to cybercrime offenses through a computer emergency response
induce the recipients to read the message. team (CERT).
Any person found guilty of any of this punishable offense shall Cybercrime Courts. – There shall be designated special
be punished with a fine of at least Fifty Thousand Pesos courts manned by cyber-trained judges to handle cybercrime
(Php50,000.00) but not exceeding Two Hundred Fifty cases.
Thousand Pesos (Php250,000.00) for each transmission. Preservation of Computer Data. – The integrity of traffic data
IMPLEMENTING AGENCIES and subscriber information relating to communication services
Law Enforcement Authorities. – There is created a provided by a service provider shall be preserved for a
Cybercrime Center in the Philippine National Police (PNP), minimum period of six (6) months from the date of the
a Cybercrime Division in the National Bureau of transaction. Content data shall be similarly preserved for six (6)
Investigation (NBI) and an Office of Cybercrime in the months from the date of receipt of the order from the central
Department of Justice (DOJ) to implement the provisions of authority requiring its preservation.
this Act. The specialized units shall be adequately resourced The central authority may order a one-time extension for
and staffed with cyber-trained personnel. another six (6) months provided that once computer data
Powers and Functions. – The PNP Cybercrime Center and preserved, transmitted or stored by a service provider is used
NBI Cybercrime Division shall have the following powers and as evidence in a case, the service provider shall transmit and
functions endorse the computer data to central authority.
a. To investigate all cybercrimes where computer The service provider ordered to preserve computer data shall
systems are involved; keep confidential the order and its compliance.
b. To conduct data recovery and forensic analysis on
computer systems and other electronic evidence Disclosure of Computer Data. – The central authority shall
seized as provided under Chapter IV of this Act; issue an order requiring any person or service provider to
c. To formulate guidelines in investigation, forensic disclose or submit subscriber’s information, traffic data or
evidence recovery, and forensic data analysis relevant data in his/its possession or control within seventy two
consistent with industry standard practices; (72) hours from receipt of the order in relation to a valid
d. To provide technological support to investigate units complaint officially docketed and assigned for investigation and
within the PNP and NBI including the search, seizure, the disclosure is necessary and relevant for the purpose of
evidence preservation, forensic recovery of data from investigation.
crime scenes and systems used in crimes and to Search, Seizure and Examination of Computer Data. –
provide testimonies; Where a search and seizure warrant is properly issued, the law
e. To develop public, private sector, and law enforcement authorities shall likewise have the following
enforcement agency relations in addressing powers and duties: Within the time period specified in the
cybercrimes; warrant, to conduct interception, as defined in this Act, content
f. To maintain necessary and relevant databases for of communications, procure the content of data either directly,
statistical and/or monitoring purposes; and through access and use of computer system, or indirectly,
g. To develop capacity within their organizations in through the use of electronic tapping devices, in real time or at
order to perform such duties necessary for the the same time that the communication is occurring and:
enforcement of this act. a. To secure a computer system or a computer data
storage medium;
The DOJ Office of Cybercrime shall have the following b. To make and retain a copy of those computer data
powers and functions: secured;
a. To act as a central authority for all requests for c. To maintain the integrity of the relevant stored
assistance for investigation or proceedings computer data;
concerning criminal offenses, facilitate the provisions d. To conduct examination of the computer data storage
of legal or technical advice, preservation and medium; and
production of data, collection of evidence, giving legal e. To render inaccessible or remove those computer
information and locating suspects; data in the accessed computer or computer and
b. To act on complaints/referrals of cybercrime offenses communications network.
and other violations of this Act; Law enforcement authorities may request for an extension of
c. To issue preservation and production orders time to complete the examination of the computer data storage
addressed to service providers, subpoena duces medium and to make a return thereon but in no case for a
tecum, subpoena ad testificandum and summon period longer than thirty (30) days from date of approval by the
witnesses to appear in any investigation or court.
proceedings for cybercrime offenses; Restricting or Blocking Access to Computer Data. – When
d. To cause the filing of complaints for the prosecution a computer data is prima facie found to be violative of the
of cybercrime offenses; provisions of this Act, the central authority shall issue an order
e. To punish any person who fails to comply with the to restrict or block access to such computer data.
orders under Chapter IV of this Act, for direct and Non-compliance. – Failure to comply with the provisions of
indirect contempt; Chapter IV shall be punished as a violation of P.D. No. 1829
f. To request the different government agencies for with imprisonment of prision correccional in its maximum
assistance in obtaining information necessary for the period or a fine of One Hundred Thousand Pesos
proper discharge of its responsibilities under this Act, (Php100,000.00) or both, for each and every non-compliance
and examine, if necessary, the pertinent records and with such an order
documents in the possession of such government
agency; INTERNATIONAL COOPERATION
g. To require the PNP Cybercrime Center and the NBI
Cybercrime Division to submit timely and regular
reports including pre-operation, post-operation and General Principles Relating to International
investigation results and such other documents for Cooperation — All relevant international instruments on
review and monitoring; international cooperation in criminal matters, arrangements
h. To facilitate international cooperation on intelligence, agreed on the basis of uniform or reciprocal legislation, and
investigations, training and capacity building related to domestic laws, to the widest extent possible for the purposes of
cybercrime prevention, suppression and prosecution; investigations or proceedings concerning criminal offenses
and related to computer systems and data, or for the collection of
i. To perform such other functions as it may deem
7
evidence in electronic form of a criminal, offense shall be given not limited to physical injury. It includes harming or
full force and effect. corrupting other users' data or files. The
commandment states that it is wrong to use a
COMPETENT AUTHORITIES computer to steal someone's personal information.
Manipulating or destroying files of other users is
ethically wrong. It is unethical to write programs,
Department of Justice (DOJ). — There is hereby created an which on execution lead to stealing, copying or
Office of Cybercrime within the DOJ designated as the central gaining unauthorized access to other users' data.
authority in all matters related to international mutual Being involved in practices like hacking, spamming,
assistance and extradition. phishing or cyber bullying does not conform to
computer ethics.
Cybercrime Investigation and Coordinating Center. Examples: Sending virus in order to hack personal
— There is hereby created, within thirty (30) days from the information and exposing to the others.
effectivity of this Act, an inter-agency body to be known as the Commandment 2
Cybercrime Investigation and Coordinating Center (CICC), Simply put: Do not use computer technology to cause
under the administrative supervision of the Office of the interference in other users' work.
President, for policy coordination among concerned agencies Explanation: Computer software can be used in ways
and for the formulation and enforcement of the national that disturb other users or disrupt their work. Viruses,
cybersecurity plan. for example, are programs meant to harm useful
computer programs or interfere with the normal
Composition. — The CICC shall be headed by the Executive functioning of a computer. Malicious software can
Director of the Information and Communications Technology disrupt the functioning of computers in more ways
Office under the Department of Science and Technology than one. It may overload computer memory through
(ICTO-DOST) as Chairperson with the Director of the NBI as excessive consumption of computer resources, thus
Vice Chairperson; the Chief of the PNP; Head of the DOJ slowing its functioning. It may cause a computer to
Office of Cybercrime; and one (1) representative from the function wrongly or even stop working. Using
private sector and academe, as members. The CICC shall be malicious software to attack a computer is unethical.
manned by a secretariat of selected existing personnel and Examples: Deleting friend's essay document and
representatives from the different participating agencies. saying I was just playing.
Commandment 3
FINAL PROVISIONS Simply put: Do not spy on another person's computer
data.
Waiver of Bank Secrecy. – Any investigation of cybercrime Explanation: We know it is wrong to read someone's
offenses under this Act that necessarily includes an inquiry to personal letters. On the same lines, it is wrong to read
any particular deposit or investment with any banking institution someone else's email messages or files. Obtaining
or non-bank financial institution shall be considered as an data from another person's private files is nothing less
exception to the absolute confidential nature of all deposits than breaking into someone's room. Snooping around
provided under R.A. No. 1405. in another person's files or reading someone else's
personal messages is the invasion of his privacy.
TEN COMMANDMENTS OF COMPUTER ETHICS There are exceptions to this. For example, spying is
necessary and cannot be called unethical when it is
The Ten Commandments of Computer Ethics were created done against illegitimate use of computers. For
in 1992 by the Computer Ethics Institute. The commandments example, intelligence agencies working on cybercrime
were introduced in the paper "In Pursuit of a 'Ten cases need to spy on the internet activity of suspects.
Commandments' for Computer Ethics" by Ramon C. Barquin Examples: Look for students' grades from the
as a means to create "a set of standards to guide and instruct teachers' computers
people in the ethical use of computers." They followInternet
Advisory Board's memo on ethics from 1987. The Ten Commandment 4
Commandments of Computer Ethics copies the archaic style of Simply put: Do not use computer technology to steal
the Ten Commandments from the King James Bible. information.
Explanation: Stealing sensitive information or leaking
The commandments have been widely quoted in confidential information is as good as robbery. It is
computer ethics literature but also have been criticized by both wrong to acquire personal information of employees
the hacker community and some in academia. For instance, Dr. from an employee database or patient history from a
Ben Fairweather of the "Centre for Computing and Social hospital database or other such information that is
Responsibility" has described them as "simplistic" and overly meant to be confidential. Similarly, breaking into a
restrictive. bank account to collect information about the account
or account holder is wrong. Illegal electronic transfer
The CISSP — an organization of computer security
of funds is a type of fraud. With the use of technology,
stealing of information is much easier. Computers can
be used to store stolen information.
Examples: Taking someone's personal information or
idea to use without any approval
Commandment 5
Simply put: Do not contribute to the spread of
misinformation using computer technology.
Explanation: Spread of information has become viral
today, because of the Internet. This also means that
false news or rumors can spread speedily through
social networking sites or emails. Being involved in
the circulation of incorrect information is unethical.
Mails and pop-ups are commonly used to spread the
wrong information or give false alerts with the only
intent of selling products. Mails from untrusted
sources advertising certain products or spreading
professionals — has used the commandments as a foundation some hard-to-believe information, are not uncommon.
for its own ethics rules. Direct or indirect involvement in the circulation of false
Commandment 1 information is ethically wrong. Giving wrong
Simply put: Do not use the computer in ways that may information can hurt other parties or organizations that
harm other people. are affected on that particular theme.
Explanation: This commandment says that it is Examples: Posting something like "He or she did ...."
unethical to use a computer to harm another user. It is without any proves
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Commandment 6 Office, Providing for Its Powers and Functions, and for
Simply put: Refrain from copying software or buying Other Purposes]otherwise known as the Intellectual
pirated copies. Pay for software unless it is free. Property Code of the Philippines.
Explanation: Like any other artistic or literary work, Intellectual Property (IP)
software is copyrighted. A piece of code is the original Philippine Definition: Intellectual Property is an intangible
work of the individual who created it. It is copyrighted asset that can be protected from theft or unauthorized use. Any
in his name. In case of a developer writing software person can own IP and have the right to sell or give it to others.
for the organization he works for, the organization American Definition: Intellectual property is a property right
holds the copyright for it. Copyright holds true unless that can be protected under federal and state law, including
its creators announce it is not. Obtaining illegal copies copyrightable works, ideas, discoveries, and inventions. The
of copyrighted software is unethical. It is not easy to term intellectual property relates to intangible property such as
do such things and in the end it will just be copied patents, trademarks, copyrights, and trade secrets. Thus, in
illegally. today's legal marketplace most registered patent attorneys
Examples: Cracking demo program and using it hold themselves out as intellectual property law attorneys, as
forever opposed to merely a patent attorney.
Commandment 7 State policy declaration:
Simply put: Do not use someone else's computer
resources unless authorized to.
Explanation: Multi-user systems have user specific The State recognizes that an effective intellectual and
passwords. Breaking into some other user's industrial property system is vital to the development
password, thus intruding his private space is of domestic and creative activity, facilitates transfer of
unethical. It is not ethical to hack passwords for technology, attracts foreign investments, and ensures
gaining unauthorized access to a password-protected market access for our products. It shall protect and
computer system. Accessing data that you are not secure the exclusive rights of scientists, inventors,
authorized to access or gaining access to another artists and other gifted citizens to their intellectual
user's computer without his permission is not ethical. property and creations, particularly when beneficial to
Privacy will always be applied to such resources and the people, for such periods as provided in this Act.
were not supposed to get exposed and hack in such
ways that is not yours. The use of intellectual property bears a social
Examples: Using site's information and publishing a function. To this end, the State shall promote the
book without the source to earn benefit diffusion of knowledge and information for the
Commandment 8 promotion of national development and progress and
Simply put: It is wrong to claim ownership on a work the common good.
which is the output of someone else's intellect.
Explanation: Programs developed by a software It is also the policy of the State to streamline
developer are his/her property. If he is working with an administrative procedures of registering patents,
organization, they are the organization's property. trademarks and copyright, to liberalize the registration
Copying them and propagating them in one's own on the transfer of technology, and to enhance the
name is unethical. This applies to any creative work, enforcement of intellectual property rights in the
program or design. Establishing ownership on a work Philippines.
which is not yours is ethically wrong. Originality of any Effect on international conventions and on
software/programs are to be keep safe and trying to
claim ownership will cause a viral disputes. principle of reciprocity:
Examples: Posting New movie that just came out on
Youtube Any person who is a national or who is domiciled or
Commandment 9 has a real and effective industrial establishment in a
Simply put: Before developing a software, think about country which is a party to any convention, treaty or
the social impact it can have. agreement relating to intellectual property rights or the
Explanation: Looking at the social consequences that repression of unfair competition, to which the
a program can have, describes a broader perspective Philippines is also a party, or extends reciprocal rights
of looking at technology. A computer software on to nationals of the Philippines by law, shall be entitled
release, reaches millions. Software like video games to benefits to the extent necessary to give effect to
and animations or educational software can have a any provision of such convention, treaty or reciprocal
social impact on their users. When working on law, in addition to the rights to which any owner of an
animation films or designing video games, for intellectual property right is otherwise entitled by this
example, it is the programmer's responsibility to Act.
understand his target audience/users and the effect it Parts of the law:
may have on them. For example, a computer game
for kids should not have content that can influence The Intellectual Property Code of the Philippines is
them negatively. Similarly, writing malicious software divided into five [5] parts, to wit:
is ethically wrong. A software developer/development
firm should consider the influence their code can have
on the society at large. PART I - The Intellectual Property Office
Examples: Making program that can spy on other PART II - The Law on Patents
people's computer PART III - The Law on Trademarks, Service
Marks and Trade Names
Commandment 10 PART IV - The Law on Copyright
Simply put: In using computers for communication, be PART V - Final Provisions
respectful and courteous with the fellow members. Government Agencies:
Explanation: The communication etiquette we follow
in the real world applies to communication over
computers as well. While communicating over the The agency of the government in charge of the
Internet, one should treat others with respect. One implementation of the Intellectual Property Code is the
should not intrude others' private space, use abusive Intellectual Property Office which replaced the Bureau
language, make false statements or pass of Patents, Trademarks and Technology Transfer. It
irresponsible remarks about others. One should be is divided into six [6] Bureaus, namely:
courteous while communicating over the web and
should respect others' time and resources. Also, one [1] Bureau of Patents;
should be considerate with a novice computer user. [2] Bureau of Trademarks;
Examples: Chatting with someone using curse words [3] Bureau of Legal Affairs;
Republic Act No. 8293 [An Act Prescribing the Intellectual [4] Documentation, Information and Technology
Property Code and Establishing the Intellectual Property Transfer Bureau;
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[5] Management Information System and EDP lawsuits over marks is whether or not the general public is
Bureau; and likely to be confused as to the origin of the service or product.
[6] Administrative, Financial and Personnel c) Geographic Indications; Indications which identify a good
Services Bureau as originating in the territory of a Member, or a region or
POWERS AND FUNCTIONS OF THE INTELLECTUAL locality in that territory, where a given quality, reputation or
PROPERTY OFFICE FROM SEC. 5 OF THE INTELLECTUAL other characteristic of the good is essentially attributable to its
PROPERTY LAW (RA 8293) AS AMENDED: geographic origin. Geographical indications are quality
Section 5. Functions of the Intellectual Property Office indicators, are widely used by producers, distributors and
(IPO). - 5.1. To administer and implement the State policies retailers as an advertising or promotional tool to attract
declared in this Act, there is hereby created the Intellectual consumers and investors.
Property Office (IPO) which shall have the following functions: d) Industrial Designs; The industrial design as any
a) Examine applications for grant of letters patent for inventions composition of lines or colors or any three-dimensional form,
and register utility models and industrial designs; whether or not associated with lines or colors; provided that
b) Examine applications for the registration of marks, such composition or form gives a special appearance to and
geographic indication, integrated circuits; can serve as pattern for an industrial product or handicraft.
c) Register technology transfer arrangements and settle Simply put, it is that aspect of a useful article which is
disputes involving technology transfer payments covered by ornamental or aesthetic.
the provisions of Part II, Chapter IX on Voluntary Licensing and Generally, industrial designs are important for handicrafts,
develop and implement strategies to promote and facilitate jewelry, mobile phones, packaging materials, furniture,
technology transfer; electrical appliances, accessories, boxes, architectural
d) Promote the use of patent information as a tool for structures and other products. It is important to protect an
technology development; industrial design because it enables the owner to prevent
e) Publish regularly in its own publication the patents, marks, others from copying or imitating the industrial design without
utility models and industrial designs, issued and approved, and his consent. He can also prevent parties from importing,
the technology transfer arrangements registered; selling, manufacturing or making products bearing his industrial
f) Administratively adjudicate contested proceedings affecting design
intellectual property rights; and e) Patents; A Patent is a grant issued by the government
g) Coordinate with other government agencies and the private through the Intellectual Property Office of the Philippines (IP
sector efforts to formulate and implement plans and policies to Philippines). It is an exclusive right granted for a product,
strengthen the protection of intellectual property rights in the process or an improvement of a product or process which is
country. new, inventive and useful. This exclusive right gives the
5.2. The Office shall have custody of all records, books, inventor the right to exclude others from making, using, or
drawings, specifications, documents, and other papers and selling the product of his invention during the life of the patent.
things relating to intellectual property rights applications filed A patent has a term of protection of twenty (20) years providing
with the Office. (n) an inventor significant commercial gain. In return, the patent
DIFFERENT RIGHTS PROTECTED BY THE INTELLECTUAL owner must share the full description of the invention. This
PROPERTY OFFICE FROM SEC. 4.1 OF THE information is made available to the public in the form of the
INTELLECTUAL PROPERTY LAW (RA 8293) AS Intellectual Property Official Gazette and can be utilized as
AMENDED: The term "intellectual property rights" consists of: basis for future research and will in turn promote innovation
a) Copyright and Related Rights; Copyright relates to literary and development.
and artistic creations, such as books, music, paintings and f) Layout-Designs (Topographies) of Integrated Circuits;
sculptures, films and technology-based works (such as and Integrated Circuits are commonly known as “chips” or
computer programs and electronic databases). In certain “micro-chips”. They are the electronic circuits in which all the
languages, copyright is referred to as authors’ rights. Although components (transistors, diodes and resistors) have been
international law has brought about some convergence, this assembled in a certain order on the surface of a thin semi-
distinction reflects an historic difference in the evolution of conductor material (usually silicon).
these rights that is still reflected in many copyright systems. g) Protection of Undisclosed Information (n, TRIPS) This
The expression copyright refers to the act of copying an refers to a process, formula, tool, plan, mechanism or
original work which, in respect of literary and artistic creations, compound that is only known by the owner or disclosed to a
may be done only by the author or with the author’s selected number of employees. The trade secret is used to
permission. Related rights, also referred to as neighboring produce a service or product with commercial value.
rights, protect the legal interests of certain persons and legal Significant features of the law:
entities that contribute to making works available to the public 1. A shift was made from the "first-to-invent
or that produce subject matter which, while not qualifying as system" under R. A. 165 [old law] to "first-to-file
works under the copyright systems of all countries, contains system" under the new law.
sufficient creativity or technical and organizational skill to justify 2. In the case of inventions, the period of the
recognition of a copyright-like property right. The law of related grant was increased from 17 years from grant under
rights deems that the productions that result from the activities the old law to 20 years from date of filing under the
of such persons and entities merit legal protection as they are new law.
related to the protection of works of authorship under copyright. 3. In the case of utility models, the previous grant
Some laws make clear, however, that the exercise of related of 5 years plus renewals of 5 years each under the old
rights should leave intact, and in no way affect, the protection law was changed to 7 years without renewal under
of copyright. the new law.
b) Trademarks and Service Marks; A trademark is a tool 4. In the case of industrial designs, the previous
used that differentiates goods and services from each other. It grant of 5 years plus renewals of 5 years each was
is a very important marketing tool that makes the public identify maintained.
goods and services. A trademark can be one word, a group of 5. Under the old law, there was no opposition
words, sign, symbol, logo, or a combination of any of these. proceedings and the examination is mandatory; under
Generally, a trademark refers to both trademark and service the new law, the examination is made only upon
mark, although a service mark is used to identify those marks request [possibly with or without examination].
used for services only. Trademark is a very effective tool that 6. Under the old law, publication is made after
makes the public remember the quality of goods and services. the grant; under the new law, publication is effected
Once a trademark becomes known, the public will keep on after 18 months from filing date or priority date.
patronizing the products and services. If utilized properly, a 7. Under the old law, the penalties for repetition
trademark can become the most valuable business asset of an of infringement are: PhP10,000 and/or 5 years of
enterprise. In addition to making goods and services imprisonment and the offense prescribes in 2 years;
distinctive, the owner of a mark may earn revenues from the under the present law, the penalties range from
use of the mark by licensing its use by another or though PhP100,000 to PhP300,000 and/or 6 months to 3
franchising agreements. One can be an owner of a trademark years of imprisonment and the offense prescribes in 3
or service mark, whether or not it is registered. This is common years.
law protection. Registration is proof of ownership and makes Significant changes in the trademark law:
ownership rights easier to enforce. The basic question in
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The significant changes in the trademark law under
the old law [R. A. No. 166] and the present law are as
follows:
1. Under the former, the element of use before
filing a local application is a requirement although this
is not required when the application is based on
foreign registration; while under the latter, the element
of use has been eliminated as a requirement for
application.
2. Under the former, the term granted is 20
years renewable for 20-year periods; while under the
latter, the term is for 10 years, renewable for 10-year
periods.
3. Under the former, the affidavit of use or non-
use is required on the 5th, 10th and 15th
anniversaries; while under the latter, proof of use
within 3 years from the filing of the application is
required and the affidavit of use should be filed within
1 year from the 5th anniversary.
4. Under the former, a Supplemental Register
is required to be maintained; while under the latter, it
is no longer required.
5. Under the former law, penalties for
infringement, unfair competition, false designation of
origin and false description or representation range
from fine of PhP500 to PhP2,000 and/or 6 months to
3 years and 4 months of imprisonment; while under
the latter law, the penalties range from fine of
PhP50,000 to PhP200,000 and/or 2 to 5 years of
imprisonment.
CHAPTER SUMMARY
(Republic Act No. 10175) or the Cybercrime
Prevention Act of 2012 is the law that govern
Cybercrime, Providing For The Prevention,
Investigation, Suppression And The Imposition Of
Penalties Therefor And For Other Purposes
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