The document discusses cybercrime, including definitions, types, and laws related to cybercrime. It defines cybercrime as criminal acts involving computers or networks, noting that cybercrimes use special knowledge of technology whereas computer crimes use computers to enable other crimes. The document outlines several types of cybercrime such as spamming, cyber defamation, harassment, stalking, and intellectual property theft. It also discusses two relevant Philippine laws - the Cybercrime Prevention Act of 2012 which sanctions offenses like cybersex and libel, and the Anti-Child Pornography Act of 2009 which protects children from exploitation.
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WHAT IS CYBERCRIME?
The internet is perhaps today’s most influential
technological invention and continues to change daily life
for virtually everyone on Earth. Millions of people are
plugged into cyberspace, and thousands more enter the
online world every day.
As internet and computer technologies continue to thrive;
criminals have found ways to use these technologies as a
tool for their deviant acts.
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WHAT IS CYBERCRIME?
The terms “cybercrime” and “computer crime” have
become nearly synonymous, although there is a difference
between these two events. Cybercrimes typically are those
in which special knowledge of cyberspace is used to
commit a crime, whereas computer crimes are those in
which the perpetrator uses computer technology to offend
(Wall 2001). The term “cybercrime” refers to the wide
range of deviant and criminal behaviors that are facilitated
in part by computer technology.
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DID YOU KNOW?
Cybercrime involves one or both of the following:
computers may infect them with malware to damage devices or stop
them working. They may also use malware to delete or steal data. Or
cybercriminals may stop users from using a website or network or
prevent a business providing a software service to its customers, which
is called a Denial-of-Service (DoS) attack.
A. Criminal activity targeting computers using viruses and
other types of malware
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Did you know?
Cybercrime involves one or both of the following:
may involve using computers or networks to spread
malware, illegal information or illegal images.
B. Criminal activity using computers to commit other
crimes.
• Cybercriminals are often doing both at once. They may target
computers with viruses first and then use them to spread
malware to other machines or throughout a network. Some
jurisdictions recognize a third category of cybercrime which is
where a computer is used as an accessory to crime.
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SPAMMING
Spamming is the use of
messaging systems to send
multiple unsolicited messages to
large numbers of recipients for
the purpose of commercial
advertising, for the purpose of
non-commercial proselytizing, for
any prohibited purpose, or simply
sending the same message over
and over to the same user.
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CYBER
DEFAMATION
Cyber libel is defined as a public and
malicious 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 contempt of a
natural or juridical person, or to blacken
the memory of one who is dead, and
committed through a computer system or
any other similar means which may be
devised in the future.
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HARASSMENT
Cyber Harassment is defined as a
repeated, unsolicited, hostile
behavior by a person through
cyberspace with a intent to terrify,
intimidate, humiliate, threaten, harass
or stalk someone. Any harassment
caused through electronic media is
considered to have a similar impact
as traditional offence of harassment.
It can be done through various
means of ICT as depicted
.
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CYBER
STALKING
Cyberstalking is the use of the
Internet or other electronic means to
stalk or harass an individual, group,
or organization. It may include false
accusations, defamation, slander
and libel. It may also include
monitoring, identity theft, threats,
vandalism, solicitation for sex,
doxing, or blackmail.
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ILLEGAL CONTENT
This cybercrime involves criminals sharing
and distributing inappropriate content that
can be considered highly distressing and
offensive. Offensive content can include,
but is not limited to, sexual activity
between adults, videos with intense violent
and videos of criminal activity. Illegal
content includes materials advocating
terrorism- related acts and child
exploitation material. This type of content
exists both on the everyday internet and
on the dark web, an anonymous network.
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ONLINE
SCAMS
These are usually in the form of ads
or spam emails that include promises
of rewards or offers of unrealistic
amounts of money. Online scams
include enticing offers that are “too
good to be true” and when clicked on
can cause malware to interfere and
compromise information.
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PHISING
This type of attack involves hackers
sending malicious email attachments
or URLs to users to gain access to
their accounts or computer.
Cybercriminals are becoming more
established and many of these emails
are not flagged as spam. Users are
tricked into emails claiming they need
to change their password or update
their billing information, giving
criminals access.
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INTELLECTUAL
PROPERTY
The access, distribution, and/or use
of intellectual property without and/or
beyond initial authorization and in
violation of the rights of the owner or
owners of the intellectual property is
considered as intellectual property
crime (a.k.a., intellectual property
theft).
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CREDIT CARD
FRAUD
Credit card fraud is the unauthorized
use of a credit or debit card, or
similar payment tool (ACH, EFT,
recurring charge, etc.), to
fraudulently obtain money or
property. Credit and debit card
numbers can be stolen from
unsecured websites or can be
obtained in an identity theft scheme.
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WEB
JACKING
This method is used in social media
where the attackers create a fake
website and when the website
opens it will redirect it to an another
website and harm the users system.
This is done for fulfilling political
objectives for money.
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CYBERCRIME PREVENTION ACT OF 2012
The Cybercrime Prevention Act of 2012 focuses on the
pre-emption, prevention, and prosecution of
cybercrimes such as offenses against the privacy,
confidentiality, integrity, and availability of computer
data and systems, computer-related offenses, and
content-related offenses.
R.A. No. 10175
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CYBERCRIME PREVENTION ACT OF 2012
Its original goal was to penalize acts in Republic Act
9775 like cybersex and child pornography and RA
10173 like identity theft and unsolicited electronic
communications. However, various groups opposed the
provision to expand the scope of libel law to cover
Internet posts, which led the Supreme Court to issue a
temporary restraining order and a status quo ante
order.
R.A. No. 10175
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CYBERCRIME PREVENTION ACT OF 2012
The Cybercrime Prevention Act of 2012 sanctions content-related
offenses performed using a computer system, such as cybersex,
child pornography, and libel. In addition, unsolicited commercial
communications or content that advertises or sells products or
services is also punished. However, there are some exceptions to
this law relating to the transmission of unsolicited material: it is not
a crime if the recipient has given prior agreement, the
communication is an announcement from the sender to users, and
the recipient has an easy, reliable way to refuse it, among other
things.
R.A. No. 10175
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CYBERCRIME PREVENTION ACT OF 2012
The Cybercrime Prevention Act of 2012 could sentence internet
users to up to 12 years in prison for posting defamatory
commentaries on social media, such as Facebook and Twitter.
Individuals found guilty of cybersex face a minimum prison
sentence of six years and one day, a maximum prison of 12 years,
and a fine of at least P200,000 but not more than P1,000,000.In
addition, unsolicited communication is punishable by one month to
six months in prison, a fine of not less than P50,000 but not more
than P250,000, or both.
R.A. No. 10175
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CYBERCRIME PREVENTION ACT OF 2012
Child pornography through computer systems has a penalty of one
degree higher than what is provided in RA 9775, or the Anti-Child
Pornography Act of 2009. In RA 9775, those who produce,
disseminate, or publish child pornography will be fined the amount
of not less than P50,000 but not more than P5,000,000 and a
maximum prison sentence of 20 to 40 years.
R.A. No. 10175
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REPUBLIC ACT NO. 9775
Guarantee the fundamental rights of the child to special protection
from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to his/her development
Protect every child from all forms of exploitation and abuse including,
but not limited to:
(1) the use of a child in pornographic performances and materials;
and
(2) the inducement or coercion of a child to engage or be involved in
pornography through whatever means
ANTI-CHILD PORNOGRAPHY ACT OF 2009
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REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY ACT OF 2009
Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any
person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform
in the creation or production of any form of child pornography;
(b) To produce, direct, manufacture or create any form of child
pornography;
(c) To publish offer, transmit, sell, distribute, broadcast, advertise,
promote, export or import any form of child pornography;
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REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY ACT OF 2009
(d) To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast: Provided. That possession of three (3)
or more articles of child pornography of the same form shall be prima
facie evidence of the intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts as, but not limited to, dens, private
rooms, cubicles, cinemas, houses or in establishments purporting to
be a legitimate business;
(f) For film distributors, theaters and telecommunication companies, by
themselves or in cooperation with other entities, to distribute any form
of child pornography;
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REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY ACT OF 2009
(g) For a parent, legal guardian or person having custody or control
of a child to knowingly permit the child to engage, participate or
assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of child pornography.
(j) To willfully access any form of child pornography;
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REPUBLIC ACT NO. 9775
ANTI-CHILD PORNOGRAPHY ACT OF 2009
(k) To conspire to commit any of the prohibited acts stated in this
section. Conspiracy to commit any form of child pornography shall
be committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child pornography
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REPUBLIC ACT NO. 9775
(b) Any person found guilty of violating Section 4(a), (b) and (c) of this
Act shall suffer the penalty of reclusion temporal in its maximum period
and a fine of not less than One million pesos (Php1,000,000.00) but not
more than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act
shall suffer the penalty of reclusion temporal in its medium period and a
fine of not less than Seven hundred fifty thousand pesos
(Php750,000.00) but not more than One million pesos
(Php1,000,000.00);
ANTI-CHILD PORNOGRAPHY ACT OF 2009
SANCTIONS:
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REPUBLIC ACT NO. 9775
(d) Any person found guilty of violating Section 4(g) of this Act shall
suffer the penalty of reclusion temporal in its minimum period and a fine
of not less than Five hundred thousand pesos (Php500,000.00) but not
more than Seven hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) of this Act shall
suffer the penalty of prision mayor in its maximum period and a fine of
not less than Three hundred thousand pesos (Php300,000.00) but not
more than Five hundred thousand pesos (Php500,000.00);
ANTI-CHILD PORNOGRAPHY ACT OF 2009
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REPUBLIC ACT NO. 9775
(f) Any person found guilty of violating Section 4(I) of this Act shall
suffer the penalty of prision mayor in its minimum period and a fine of
not less than Three hundred thousand pesos (php300,000.00) but not
more than Five hundred thousand pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) of this Act shall
suffer the penalty of prision correccional in its maximum period and a
fine of not less than Two hundred thousand pesos (Php200,000.00)
but not more than Three hundred thousand pesos (Php300,000.00);
ANTI-CHILD PORNOGRAPHY ACT OF 2009
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REPUBLIC ACT NO. 9775
(h) Any person found guilty of violating Section 4(k) of this Act shall
suffer the penalty of prision correccional in its medium period and a fine
of not less than One hundred thousand pesos (php100,000.00) but not
more than Two hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) of this Act shall
suffer the penalty of arresto mayor in its minimum period and a fine of
not less than Fifty thousand pesos (Php50,000.00) but not more than
One hundred thousand pesos (Php100,000.00);
ANTI-CHILD PORNOGRAPHY ACT OF 2009
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Questions:
1. What is the most influential technological invention and continues to change daily
life for virtually everyone on Earth?
2. Are those in which special knowledge of cyberspace is used to commit a crime,
whereas computer crimes are those in which the perpetrator uses computer
technology to offend (Wall 2001).
3. What is the terms nearly synonymous to cybercrime?
4-8. Give at least 5 kinds of cybercrime.
9. This act sanctions content-related offenses performed using a computer system,
such as cybersex, child pornography, and libel.
10. This act protects every child from all forms of exploitation and abuse.