S No, 2796 H No 3808 Republic of tye Baflippines Congress of the Philippines Aletca Manila Filivont Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven. {Repusuc ActNo. 401475 ] AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND. ‘THE IMPOSITION OF PENALTIES THEREFOR AND. FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I PRELIMINARY PROVISIONS SECTION 1. Title, - Thie Act shall be known as the ‘Cybercrime Prevention Act of 2012". SBC. 2, Declaration of Policy. - The State recognizes the vital roie of information and communications industries such as content production, telecommunications, broadcasting2 clectyonie commerce, and data processing, in the nation's overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange andlor delivery of information; and the need to protect and eafeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, intogrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal ‘access by making punishable under the law such conduct or conducts, In this light, the State shall adopt sufficient, powers to effectively prevent and combat euch offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing ‘arrangements for fast and reliable international cooperation. SRC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows: (a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network. ) Alteration refers to the modification or change, in form or substance, of an existing computer data or program. (© Communication refers to the transmission of information through ICT madia, including voice, video and other forms of data (@ Computer refers to an electronic, magnetic, optical, electrochemical, of other data processing or communications Govice. or grouping of suck devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facilily or equipment directly related to or operating in ‘conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet. 3 © Computer data refers to any representation of facts information, or concepts in a form suitable for processing in 4 computer system including a program suitable to cas computer system to perform a function and includes elecroni documents and/or electronic data messages whether stored in local computer systems or online. @ Computer program refers to a set of instructions executed by the computer to achieve intended results. @ Computer system refers to any device or grcup of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data Tt covors any type of device with data processing capabilities including, but not limited to, computers and mobile phones ‘The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. ‘t also includes computer data storage devices or media. (h) Without right refers to either: (@) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law. (@ Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place. (Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have @ debilitating impact on security, national or economic security, national public health and safety, or any combination cf those matters. (&) Cybersecurity refers to the callection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user's assets() Database refers to a representation of information, Imowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system. (m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring. (a) Service provider refers to: (1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and (2) Any other entity that processes or stores computer: data on behalf of such communication service or users of such service, (0) Subscriber's information refers to any information contained in the form of computer data or any other form that, ts held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established: (A) The type of communitatlivn service used, the technical provisions taken thereto and the period of service; 2) The subscriber's identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; and (3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement. (p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service. CHAPTER IT PUNISHABLE ACTS: SEC. 4. Cybercrime Offenses. ‘The following acts constitute the offense of cybercrime punishable under this Act: (@)_ Offenses against the confidentiality, integrity and availability of computer data and systems: (1) legal Access. ~The access to the whole or any part of a computer system without right. (2) Megal 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 dala, (8) 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: () System Interference, ~ ‘The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by mputting, transmitting, damaging, deleling, 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, (©) Misuse of Devices. ~ @) ‘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