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com/resource-center/definitions/what-is-cyber-security

What is Cyber Security?

Cyber security is the practice of defending computers, servers, mobile devices, electronic systems,
networks, and data from malicious attacks. It's also known as information technology security or electronic
information security. The term applies in a variety of contexts, from business to mobile computing, and can
be divided into a few common categories.

· Network security is the practice of securing a computer network from intruders, whether targeted
attackers or opportunistic malware.

· Application security focuses on keeping software and devices free of threats. A compromised
application could provide access to the data its designed to protect. Successful security begins in the
design stage, well before a program or device is deployed.

· Information security protects the integrity and privacy of data, both in storage and in transit.

· Operational security includes the processes and decisions for handling and protecting data assets.
The permissions users have when accessing a network and the procedures that determine how and where
data may be stored or shared all fall under this umbrella.

· Disaster recovery and business continuity define how an organization responds to a cyber-security
incident or any other event that causes the loss of operations or data. Disaster recovery policies dictate
how the organization restores its operations and information to return to the same operating capacity as
before the event. Business continuity is the plan the organization falls back on while trying to operate
without certain resources.

· End-user education addresses the most unpredictable cyber-security factor: people. Anyone can
accidentally introduce a virus to an otherwise secure system by failing to follow good security practices.
Teaching users to delete suspicious email attachments, not plug in unidentified USB drives, and various
other important lessons is vital for the security of any organization.

The scale of the cyber threat

The global cyber threat continues to evolve at a rapid pace, with a rising number of data breaches each
year. A report by RiskBased Security revealed that a shocking 7.9 billion records have been exposed by
data breaches in the first nine months of 2019 alone. This figure is more than double (112%) the number of
records exposed in the same period in 2018.

Medical services, retailers and public entities experienced the most breaches, with malicious criminals
responsible for most incidents. Some of these sectors are more appealing to cybercriminals because they
collect financial and medical data, but all businesses that use networks can be targeted for customer data,
corporate espionage, or customer attacks.

With the scale of the cyber threat set to continue to rise, the International Data Corporation predicts that
worldwide spending on cyber-security solutions will reach a massive $133.7 billion by 2022. Governments
across the globe have responded to the rising cyber threat with guidance to help organizations implement
effective cyber-security practices.
In the U.S., the National Institute of Standards and Technology (NIST) has created a cyber-security
framework. To combat the proliferation of malicious code and aid in early detection, the framework
recommends continuous, real-time monitoring of all electronic resources.

The importance of system monitoring is echoed in the “10 steps to cyber security”, guidance provided by
the U.K. government’s National Cyber Security Centre. In Australia, The Australian Cyber Security Centre
(ACSC) regularly publishes guidance on how organizations can counter the latest cyber-security threats.

Types of cyber threats

The threats countered by cyber-security are three-fold:

1. Cybercrime includes single actors or groups targeting systems for financial gain or to cause disruption.

2. Cyber-attack often involves politically motivated information gathering.

3. Cyberterrorism is intended to undermine electronic systems to cause panic or fear.

So, how do malicious actors gain control of computer systems? Here are some common methods used to
threaten cyber-security:

Malware
Malware means malicious software. One of the most common cyber threats, malware is software that a
cybercriminal or hacker has created to disrupt or damage a legitimate user’s computer. Often spread via an
unsolicited email attachment or legitimate-looking download, malware may be used by cybercriminals to
make money or in politically motivated cyber-attacks.

There are a number of different types of malware, including:

· Virus: A self-replicating program that attaches itself to clean file and spreads throughout a computer
system, infecting files with malicious code.

· Trojans: A type of malware that is disguised as legitimate software. Cybercriminals trick users into
uploading Trojans onto their computer where they cause damage or collect data.

· Spyware: A program that secretly records what a user does, so that cybercriminals can make use of
this information. For example, spyware could capture credit card details.

· Ransomware: Malware which locks down a user’s files and data, with the threat of erasing it unless a
ransom is paid.

· Adware: Advertising software which can be used to spread malware.

· Botnets: Networks of malware infected computers which cybercriminals use to perform tasks online
without the user’s permission.

SQL injection
An SQL (structured language query) injection is a type of cyber-attack used to take control of and steal data
from a database. Cybercriminals exploit vulnerabilities in data-driven applications to insert malicious code
into a databased via a malicious SQL statement. This gives them access to the sensitive information
contained in the database.
Phishing
Phishing is when cybercriminals target victims with emails that appear to be from a legitimate company
asking for sensitive information. Phishing attacks are often used to dupe people into handing over credit
card data and other personal information.

Man-in-the-middle attack
A man-in-the-middle attack is a type of cyber threat where a cybercriminal intercepts communication
between two individuals in order to steal data. For example, on an unsecure WiFi network, an attacker
could intercept data being passed from the victim’s device and the network.

Denial-of-service attack
A denial-of-service attack is where cybercriminals prevent a computer system from fulfilling legitimate
requests by overwhelming the networks and servers with traffic. This renders the system unusable,
preventing an organization from carrying out vital functions.

Latest cyber threats

What are the latest cyber threats that individuals and organizations need to guard against? Here are some
of the most recent cyber threats that the U.K., U.S., and Australian governments have reported on.

Dridex malware
In December 2019, the U.S. Department of Justice (DoJ) charged the leader of an organized cyber-criminal
group for their part in a global Dridex malware attack. This malicious campaign affected the public,
government, infrastructure and business worldwide.

Dridex is a financial trojan with a range of capabilities. Affecting victims since 2014, it infects computers
though phishing emails or existing malware. Capable of stealing passwords, banking details and personal
data which can be used in fraudulent transactions, it has caused massive financial losses amounting to
hundreds of millions.

In response to the Dridex attacks, the U.K.’s National Cyber Security Centre advises the public to “ensure
devices are patched, anti-virus is turned on and up to date and files are backed up”.

Romance scams
In February 2020, the FBI warned U.S. citizens to be aware of confidence fraud that cybercriminals commit
using dating sites, chat rooms and apps. Perpetrators take advantage of people seeking new partners,
duping victims into giving away personal data.

The FBI reports that romance cyber threats affected 114 victims in New Mexico in 2019, with financial
losses amounting to $1.6 million.

Emotet malware
In late 2019, The Australian Cyber Security Centre warned national organizations about a widespread
global cyber threat from Emotet malware.

Emotet is a sophisticated trojan that can steal data and also load other malware. Emotet thrives on
unsophisticated password: a reminder of the importance of creating a secure password to guard against
cyber threats.

End-user protection
End-user protection or endpoint security is a crucial aspect of cyber security. After all, it is often an
individual (the end-user) who accidentally uploads malware or another form of cyber threat to their desktop,
laptop or mobile device.

So, how do cyber-security measures protect end users and systems? First, cyber-security relies on
cryptographic protocols to encrypt emails, files, and other critical data. This not only protects information in
transit, but also guards against loss or theft.

In addition, end-user security software scans computers for pieces of malicious code, quarantines this
code, and then removes it from the machine. Security programs can even detect and remove malicious
code hidden in Master Boot Record (MBR) and are designed to encrypt or wipe data from computer’s hard
drive.

Electronic security protocols also focus on real-time malware detection. Many use heuristic and behavioral
analysis to monitor the behavior of a program and its code to defend against viruses or Trojans that change
their shape with each execution (polymorphic and metamorphic malware). Security programs can confine
potentially malicious programs to a virtual bubble separate from a user's network to analyze their behavior
and learn how to better detect new infections.

Security programs continue to evolve new defenses as cyber-security professionals identify new threats
and new ways to combat them. To make the most of end-user security software, employees need to be
educated about how to use it. Crucially, keeping it running and updating it frequently ensures that it can
protect users against the latest cyber threats.

Cyber safety tips - protect yourself against cyberattacks

How can businesses and individuals guard against cyber threats? Here are our top cyber safety tips:

1. Update your software and operating system: This means you benefit from the latest security patches.

2. Use anti-virus software: Security solutions like Kaspersky Total Security will detect and removes
threats. Keep your software updated for the best level of protection.

3. Use strong passwords: Ensure your passwords are not easily guessable.

4. Do not open email attachments from unknown senders: These could be infected with malware.

5. Do not click on links in emails from unknown senders or unfamiliar websites:This is a common way
that malware is spread.

6. Avoid using unsecure WiFi networks in public places: Unsecure networks leave you vulnerable to
man-in-the-middle attacks.

What are the 10 steps to cyber security?

By Luke Irwin 21st June 2019
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Anyone looking for advice on how to achieve effective cyber security should consider the NCSC’s (National
Cyber Security Centre) 10-step guide.
Originally published in 2012, it is now used by the majority of FTSE 350 organisations.

In this blog, we explain each step and provide advice on how to get started.

1. Risk management regime

Organisations must understand the risks they face before implementing security measures. This enables
them to prioritise the biggest threats and ensure their responses are appropriate.

A risk management regime also helps keep the board involved in your cyber security efforts, and enables
you to adjust your approach as the threat landscape changes. For example, you might request changes or
additions to your cyber security policies or staff awareness programme.

2. Secure configuration
One of the most common causes of data breaches is misconfigured controls, such as a database that’s not
properly secured or a software update that hasn’t been installed.
Highlighting the importance of configuration can ensure that you remove or disable unnecessary
functionality from systems and address known vulnerabilities promptly.

3. Home and mobile working

Many organisations offer employees the chance to work from home or on the go, but this comes with
security risks. Remote workers don’t get the same physical and network security that’s provided in the
office, so organisations must respond accordingly.
That should include limiting access to sensitive systems and creating policies for protecting laptops,
removable devices and physical information outside the office.

4. Incident management
No matter how robust your defence measures are, you will experience a security incident at some point.

You must prepare for this by establishing policies and procedures to help mitigate the damage and get you
back up and running as quickly as possible.
5. Malware prevention
There are many ways malware can infect an organisation’s systems. It could be sent in an email
attachment, worm through a vulnerability or be plugged into an office computer via a removeable device.

To mitigate these risks, organisations should implement anti-malware software and policies designed to
help prevent employees from falling victim.

6. Managing user privileges

Organisations must create access controls to ensure that employees can only access information that’s
relevant to their job.

This prevents sensitive information being exposed should someone gain unauthorised access to
employees’ accounts, and makes it less likely that an employee will steal sensitive information.
7. Monitoring
System monitoring enables you to detect successful or attempted attacks. This helps you in two essential
ways. First, you will be able to identify incidents promptly and initiate response efforts.
Second, you’ll gain first-hand evidence of the ways criminals are targeting you, giving you the opportunity to
shore up your defences and look for vulnerabilities before crooks identify them.

8. Network security
The connections from your networks to the Internet contain vulnerabilities that could be exposed.

You won’t be able to eradicate all of those vulnerabilities, but you should be aware of them and remove as
many risks as you can with architectural changes. Likewise, you should implement policies and technical
measures to reduce the likelihood of them being exploited.

9. Removable media controls

USBs and other removable devices are the source of many security issues. Not only are they often used to
inject malware but they are also involved in many insider incidents. Employees are prone to losing
removable devices or leaving them plugged into computers where unauthorised parties can access them.

Organisations must therefore create policies emphasising the need to keep removable devices on your
person or in a secure location.

10. User education and awareness

Employees play an essential role in their organisation’s security practices, so they need to be taught their
responsibilities and shown what they can do to prevent data breaches.

Training can come in many forms, from introductory e-learning to classroom-based certification courses. It’s
up to you to decide which level of training is appropriate for your employees.
Win the war against cyber crime
Much of the NCSC’s advice mirrors that of Cyber Essentials, a government-backed scheme that helps
organisations tackle the most common causes of security incidents.
Cyber Essentials is a great starting point for anyone looking to tackle the threat of cyber crime and data
breaches. That’s why it’s the first objective of Operation Cyber Secure, IT Governance’s new framework for
effective security.
Register for the strategy and you’ll receive a free copy of the Cyber Security Combat Plan, as well as
weekly emails containing in-depth advice on how to complete each task.

REPUBLIC OF THE PHILIPPINES

Congress of the Philippines
Metro Manila

Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven.

REPUBLIC ACT NO. 10175

 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. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.

Section 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting electronic
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 and/or delivery of information; and the need to protect and
safeguard the integrity of computer, computer and communications systems, networks, and databases, and
the confidentiality, integrity, 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 such 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.

Section 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.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer
data or program.

(c) Communication refers to the transmission of information through ICT media, including voice,
video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing
or communications device, or grouping of such devices, capable of performing logical, arithmetic,
routing, or storage functions and which includes any storage facility or equipment or communications
facility 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.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable
for processing in a computer system including a program suitable to cause a computer system to perform
a function and includes electronic documents and/or electronic data messages whether stored in local
computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended
results.
 (g) Computer system refers to any device or group of interconnected or related devices, one or
more of which, pursuant to a program, performs automated processing of data. It covers 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. It also includes computer data storage
devices or media.

(h) Without right refers to either: (i) 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.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.

(j) 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 a debilitating impact
on security, national or economic security, national public health and safety, or any combination of those
matters.

(k) Cybersecurity refers to the collection 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.

(l) Database refers to a representation of information, knowledge, 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.

(n) 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.

(o) Subscriber’s information refers to any information contained in the form of computer data or
any other form that is held by a service provider, relating to subscribers of its services other than traffic or
content data and by which identity can be established:

(1) The type of communication 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 II
PUNISHABLE ACTS

Section 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.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully
abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.

Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if
committed by, through and with the use of information and communications technologies shall be
covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1)
degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case
may be.

Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections
4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage
incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment
of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion
temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be
punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be
punished with the penalties as enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act
of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for
in Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished
with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not
exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with
imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least
One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos
(PhP500,000.00) or both.

Section 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, by a natural person acting either
individually or as part of an organ of the juridical person, who has a leading position within, based on: (a)
a power of representation of the juridical person provided the act committed falls within the scope of such
authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act
committed falls within the scope of such authority; or (c) an authority to exercise control within the
juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of
supervision or control by a natural person referred to and described in the preceding paragraph, for the
benefit of that juridical person by a natural person acting under its authority, the juridical person shall be
held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of
Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the
natural person who has committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

Section 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of
the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by
special investigators to exclusively handle cases involving violations of this Act.

Section 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime
and its prevention is given focus and considering the procedures involved for international cooperation,
law enforcement authorities specifically the computer or technology crime divisions or units responsible
for the investigation of cybercrimes are required to submit timely and regular reports including pre-
operation, post-operation and investigation results and such other documents as may be required to the
Department of Justice (DOJ) for review and monitoring.
Section 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall
be authorized to collect or record by technical or electronic means traffic data in real-time associated with
specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type
of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or
recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and
the examination under oath or affirmation of the applicant and the witnesses he may produce and the
showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove
has been committed, or is being committed, or is about to be committed: (2) that there are reasonable
grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to
the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily
available for obtaining such evidence.

Section 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information
relating to communication services provided by a service provider shall be preserved for a minimum
period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six
(6) months from the date of receipt of the order from law enforcement authorities requiring its
preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That
once computer data preserved, transmitted or stored by a service provider is used as evidence in a case,
the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor
shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its
compliance.

Section 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant,
shall issue an order requiring any person or service provider to disclose or submit subscriber’s
information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours
from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation
and the disclosure is necessary and relevant for the purpose of investigation.

Section 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is
properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

 (d) To conduct forensic analysis or examination of the computer data storage medium;
and

(e) To render inaccessible or remove those computer data in the accessed computer or
computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the
functioning of the computer system and the measures to protect and preserve the computer data therein to
provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and
examination.

Law enforcement authorities may request for an extension of time to complete the examination of the
computer data storage medium and to make a return thereon but in no case for a period longer than thirty
(30) days from date of approval by the court.

Section 16. Custody of Computer Data. — All computer data, including content and traffic data,
examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period
fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of
the law enforcement authority executing it stating the dates and times covered by the examination, and the
law enforcement authority who may access the deposit, among other relevant data. The law enforcement
authority shall also certify that no duplicates or copies of the whole or any part thereof have been made,
or if made, that all such duplicates or copies are included in the package deposited with the court. The
package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then
contents revealed, except upon order of the court, which shall not be granted except upon motion, with
due notice and opportunity to be heard to the person or persons whose conversation or communications
have been recorded.

Section 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13
and 15, service providers and law enforcement authorities, as the case may be, shall immediately and
completely destroy the computer data subject of a preservation and examination.

Section 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority
of the same shall be inadmissible for any proceeding before any court or tribunal.

Section 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie
found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block
access to such computer data.

Section 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically
the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No.
1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand
pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law
enforcement authorities.

CHAPTER V
JURISDICTION

Section 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the
provisions of this Act. including any violation committed by a Filipino national regardless of the place of
commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or
committed with the use of any computer system wholly or partly situated in the country, or when by such
commission any damage is caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle
cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Section 22. General Principles Relating to International Cooperation. — All relevant international
instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform
or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of
investigations or proceedings concerning criminal offenses related to computer systems and data, or for
the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES

Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the
DOJ designated as the central authority in all matters related to international mutual assistance and
extradition.

Section 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty
(30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime
Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the
President, for policy coordination among concerned agencies and for the formulation and enforcement of
the national cybersecurity plan.

Section 25. Composition. — The CICC shall be headed by the Executive Director of the Information and
Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as
Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ
Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The
CICC shall be manned by a secretariat of selected existing personnel and representatives from the
different participating agencies.1âwphi1

Section 26. Powers and Functions. — The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the
suppression of real-time commission of cybercrime offenses through a computer emergency response
team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress
cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution
agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity

building related to cybercrime prevention, suppression and prosecution;
 (e) To coordinate the support and participation of the business sector, local government units and
nongovernment organizations in cybercrime prevention programs and other related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of the
CICC’s mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including
capacity building and such other functions and duties as may be necessary for the proper implementation
of this Act.

CHAPTER VIII
FINAL PROVISIONS

Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be
appropriated annually for the implementation of this Act.

Section 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of
the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations
within ninety (90) days from approval of this Act, for its effective implementation.

Section 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not
affected shall remain in full force and effect.

Section 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed
or modified accordingly. Section 33(a) of Republic Act No. 8792 or the "Electronic Commerce Act" is
hereby modified accordingly.

Section 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally
passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of Senate
House of Representatives

Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines