| Salient Features of RA8792
In 1999, the Philippines 2000 Law was the first law crafted and deliberated online by the private sector.
Republic Act 8792,
signed into law last June 14, 2000, is a landmark law in the history of
the Philippines. Not only has this bill made the country a legitimate
player in the global marketplace. The Philippine Internet community has
played a major role in pushing for its passage. The law took effect
last June 19, 2000.
With the Philippines relaxed stock market listing rules plus a proposed
vibrant investment priorities program in place, Filipinos here and
abroad and its foreign partners have something to look forward for.
Here's the salient features of RA8792:
- It gives legal recognition of electronic data messages, electronic documents, and electronic signatures.
- Allows the formation of contracts in electronic form.
- Makes banking transactions done through ATM switching networks absolute once consummated.
- Parties are given the right to choose the type and level of security methods that suit their needs.
- Provides the mandate for the electronic implementation of transport
documents to facilitate carriage of goods. This includes documents such
as, but not limited to, multi-modal, airport, road, rail, inland
waterway, courier, post receipts, transport documents issued by freight
forwarders, marine/ocean bill of lading, non-negotiable seaway bill,
charter party bill of lading.
- Mandates the government to have the capability to do e-commerce within 2 years or before June 19, 2002.
- Mandates RPWeb to be implemented. RPWeb is a strategy that intends
to connect all government offices to the Internet and provide universal
access to the general public. The Department of Transportation and
Communications, National Telecommunications Commission, and National
Computer Center will come up with policies and rules that shall lead to
substantial reduction of costs of telecommunication and Internet
facilities to ensure the implementation of RPWeb.
- Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications.
- Empowers the Department of Trade and Industry to supervise the
development of e-commerce in the country. It can also come up with
policies and regulations, when needed, to facilitate the growth of
e-commerce.
- Provided guidelines as to when a service provider can be liable.
- Authorities and parties with the legal right can only gain access
to electronic documents, electronic data messages, and electronic
signatures. For confidentiality purposes, it shall not share or convey
to any other person.
- Hacking or cracking, refers to unauthorized access including the
introduction of computer viruses, is punishable by a fine from 100
thousand to maximum commensurating to the damage. With imprisonment
from 6 months to 3 years.
- Piracy through the use of telecommunication networks, such as the
Internet, that infringes intellectual property rights is punishable.
The penalties are the same as hacking.
- All existing laws such as the Consumer Act of the Philippines also applies to e-commerce transactions.
Anyone who uses the Internet, computer, cellular phone, and other
IT-enabled devices has the duty to know RA8792. As the old saying goes,
�Ignorance of the law doesn�t excuse anyone.�
There were several hacking/cracking incidents that took place in
the past five years. I am worried that these people behind the hacking
attempts are completely ignoring RA8792 or The E-Commerce Law. In one
of my public speaking engagements, I was asked how come there are still
so many hacking attempts even now that we have a law. Is it
unenforceable?
I fear that as e-commerce takes off in the government and private
sector, the moment we run to law enforcers in times of trouble, they
will not be able to help us.
The law enforcement agencies such as the National Bureau of
Investigation and Philippine National Police are continuously beefing
up their skills. It is sad to note however that they have not received
any form of funding for their training and cybercrime equipment.
Whatever they have right now are donated by foreign governments in the
form of training and equipment. Despite limited resources, the
conviction of the first Filipino hacker under Republic Act 8792 puts
high marks on our enforcement of the E-Commerce Law.
The business community and Internet users must contribute and
work with government to take action on this. It is not the Cybercrime
bill that is important today, giving appropriate funding for cybercrime
enforcement is, that will allow the creation of cybercrime helpdesks
all over the country.
In addition, it requires vigilance from the Internet community as well.
If you know of someone that has made these hacking actions, report
them. It is the duty of every Filipino to report these crimes. They can
contact the Cyber Crime Anti Fraud Division of the National Bureau of
Investigation at Taft Ave., Manila, phone number (632) 5254093 and look
for Director Reynaldo Wycoco or Atty. Elfren Meneses, Jr. Those who
became victims as well should report it and not just ignore it, change
the site, and move on. If this is the attitude that site owners will
show, unlawful actions such as this, regardless of best or worst
intention, will never cease. The web hosting, Internet Service
Provider, phone companies should extend their best cooperation as well
to facilitate efficient investigation in this regard.
More importantly, what the hackers should realize that just because
they were not caught now, does not mean they are already off the hook.
What they are only doing is accumulate offenses. One day, the hand of
the law will reach them. Once that happens, all of these offenses can
be combined into a one big case that can put them to jail longer than
they think. Even if the owners of the sites that they were able to hack
decide not to pursue a case against them, it does not mean they no
longer have a liability. The hacking/cracking/piracy provision of the
E-Commerce Law makes such acts as criminal offenses in nature,
therefore what can only be waived, should the companies decide not to
sue them, is the civil liability (monetary damages) and the criminal
liability will still be pursued by the state.
I hope that publications can play a role in sparking vigilance among
Internet users of this country and the world against acts of
hacking/cracking/piracy. The act of hacking should never be glamorized
and even make these people who commits these acts as heroes. It may
send a wrong signal that our younger Internet generation might
misunderstand.
These people are seeing that they're getting the media mileage
and attention that they long for and see it like a merit/badge of their
hacking accomplishment. Being published, talked about, is I'm very
sure, a big deal for some of these guys.
I hope to see the computer publications as a medium in making
the Internet users vigilant and not scared/wary of these hackers.
Perhaps feature articles on how the NBI, ISPs, phone companies,
National Security Council, handle these incidents.
Hacking, cracking, piracy is a crime under RA8792. The iron hand of the
law must be fully enforced or else this can propagate further and cause
irreparable damage to the Philippine Internet industry as a whole. The
increase number of hacking incidents these past few weeks is already
alarming. Worst, these people seems to be enjoying it and not even
bothered with the consequences.
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