Computer Security Threats Explained
Computer Security Threats Explained
1
copy of a program and make copies for many and computers, and so a third party may penetrate their
computers. security.
THEFT OF ONLINE MUSIC & MOVIES CORPORATE SPIES
Many students may feel that illegally downloading Competing companies or individuals may break into a
music and movies is a victimless crime, but to the company’s computer system to conduct industrial espionage—
entertainment industry it is just plain piracy or theft. obtain trade secrets that they can use for competitive
THEFT OF TIME & SERVICES advantages.
The theft of computer time is more common than you ORGANIZED CRIME
might think. Probably the biggest instance is people using their Members of organized crime rings not only steal hard
employer’s computer time to play games, do online shopping, ware, software, and data; they also use spam, phishing, and
or dip into web pornography. Some people even operate the like to commit identity theft and online fraud. Even street
sideline businesses. gangs now have their own web sites, most of them perfectly
THEFT OF INFORMATION legal, but some of them possibly used as chat rooms for drug
Clearly, information thieves are having a field day. distribution. In addition, gangs use computers the way legal
They have infiltrated the files of the Social Security businesses do—as business tools—but they use them for
Administration, stolen confidential personal records, and sold illegal purposes, such as keeping track of gambling debts and
the information. On college campuses, they have snooped on stolen goods.
or stolen private information such as grades. They have broken CYBERWAR FIGHTERS
into computers of the major credit bureaus and stolen credit Cyberwarfare, or cyberwar, is the use of computers
information and have then used the information to charge and the internet to attack an enemy’s information systems.
purchases or have resold it to other people. They have Cyberwar may be conducted on the level of
plundered the credit card numbers of millions of Americans and psychological warfare, as has happened in the Middle East, for
sold stolen identity data to conspirators in other countries. instance, where Israeli and Palestinian opponents in the Gaza
INTERNET-RELATED FRAUD war have used cellphones to warn the other side of impending
Internet or online service fraud is a runaway problem, attacks.
accounting for 90% of all consumerfraud complaints to the SECURITY: Safeguarding Computers & Communications
Federal Trade Commission in 2008. The most common What are the characteristics of the five components of
complaints, according to the Internet Crime Complaint Center, security?
were non delivery of merchandise and/or payment (32.9%), The ongoing dilemma of the Digital Age is balancing
internet auction fraud (25.5%), and credit/debit card fraud convenience against security. Security is a system of
(9.0%). safeguards for protecting information technology against
TAKING OVER YOUR PC: ZOMBIES, BOTNETS, & disasters, system failures, and unauthorized access that can
BLACKMAIL result in damage or loss.
A zombie, or drone, a computer taken over covertly We consider five components of security
and programmed to respond to instructions sent remotely, • Deterrents to computer crime
often by instant-messaging channels. • Identification and access
Botnet, short for “robot network,” a network of • Encryption
computers compromised by means of a Trojan horse that • Protection of software and data
plants instructions within each PC to wait for commands from • Disaster-recovery plans
the person controlling that network. 1. DETERRENTS TO COMPUTER CRIME
These remote-controlled networks are best detected What are some ways to deter computer crime?
by the internet access provider, which can block the illicit As information technology crime has become more
network connections and help users disinfect their PCs. The sophisticated, so have the people charged with preventing it
zombie computers and botnet are used to launch phishing and disciplining its outlaws.
attacks or send spam messages. They can also be used to ENFORCING LAWS
launch denial-of-service attacks, perhaps to extort money from Law enforcement agencies regularly cruise
the targeted sites in return for halting the attacks. For instance, online bulletin boards and chat rooms looking for
one cyber-blackmailer threatened to paralyze the servers of a pirated software, stolen trade secrets, child molesters,
small online-payment processing company unless it sent a and child pornography.
$10,000 bank wire—and when the company refused, its TOOLS FOR FIGHTING FRAUDULENT & UNAUTHORIZED
servers were bombarded with barrages of data for four days. ONLINE USES
Blackmail has also been used in conjunction with the theft of Among the tools used to detect fraud are the
credit card numbers or documents. following:
CRIMES OF MALICE: CRASHING ENTIRE SYSTEMS • Rule-based-detection software: In this technique, users
Sometimes criminals are more interested in abusing or such as merchants create a “negative file” that states the
vandalizing computers and telecommunications systems than criteria each transaction must meet. These criteria include not
in profiting from them. For example, a student at a Wisconsin only stolen credit card numbers but also price limits, matches
campus deliberately and repeatedly shut down a university of the cardholder’s billing address and shipping address, and
computer system, destroying final projects for dozens of warnings if a large quantity of a single item is ordered.
students; a judge sentenced him to a year’s probation, and he • Predictive-statistical-model software: In this technique,
left the campus. tons of data from previous transactions are examined to create
4. COMPUTER CRIMINALS mathematical descriptions of what a typical fraudulent
INDIVIDUALS OR SMALL GROUPS transaction is like. The software then rates incoming orders
These include individuals or members of small groups according to a scale of risk based on their resemblance to the
who use fraudulent email and websites to obtain personal fraud profile. Thus, for example, if some thief overhears you
information that can be exploited, either for monetary gain or giving out your phone company calling-card number and he or
sometimes simply to show off their power and give them she makes 25 calls to a country that you never have occasion
bragging rights with other members of the hacker/ cracker to call.
community. • Employee internet management (EIM) software: Programs
EMPLOYEES Workers may use information made by Websense, SmartFilter, and Pearl Echo-Suite are
technology for personal profit or to steal hardware or used to monitor how much time workers spend on the web and
information to sell. They may also use it to seek revenge for even SECURITY: Safeguarding Computers & Communications
real or imagined wrongs, such as being passed over for block access to gambling and porn sites.
promotion; indeed, the disgruntled employee is a principal • Internet filtering software: Some employers use special
source of computer crime. filtering software to block access to pornography, bootleg-
OUTSIDE PARTNERS & SUPPLIERS music download, and other unwanted internet sites that
Suppliers and clients may also gain access to a employees may want to access.
company’s information technology and use it to commit crimes,
especially since intranets and extranets have become more • Electronic surveillance: Employers use various kinds of
commonplace. Partners and vendors also may be the electronic surveillance that includes visual and audio
inadvertent source of hacker mischief because their systems monitoring technologies, reading of email and blogs, and
may not be as well protected as the larger partner’s networks recording of keystrokes. Some companies even hire
undercover agents to pretend to be coworkers.
2
2. IDENTIFICATION & ACCESS 4. DISASTER-RECOVERY PLANS
What are three ways a computer system can verify A disaster-recovery plan is a method of restoring
legitimate right of access? information-processing operations that have been halted by
Are you who you say you are? The computer wants to destruction or accident.
know. Mainframe computer systems are operated in separate
There are three ways a computer system can verify that departments by professionals, who tend to have disaster plans.
you have legitimate right of access. Some security systems Whereas mainframes are usually backed up, many personal
use a mix of these techniques. The systems try to authenticate computers, and even entire local area networks, are not, with
your identity by determining (1) what you have, (2) what you potentially disastrous consequences. It has been reported that,
know, or (3) who you are. on average, a company loses as much as 3% of its gross sales
WHAT YOU HAVE—CARDS, KEYS, SIGNATURES, & within 8 days of a sustained computer outage. A disaster-
BADGES recovery plan is more than a big fire drill. It includes a list of all
Credit cards, debit cards, and cash-machine cards all business functions and the hardware, software, data, and
have magnetic strips or built-in computer chips that identify you people that support those functions, as well as arrangements
to the machine. Many require that you display your signature, for alternate locations. The disaster recovery plan also includes
which may be compared with any future signature you write. ways for backing up and storing programs and data in another
Computer rooms are always kept locked, requiring a key. Many location, ways of alerting necessary personnel, and training for
people also keep a lock on their personal computers. A those personnel.
computer room may also be guarded by security officers, who Privacy & Surveillance
may need to see an authorized signature or a badge with your Surveillance, implies an agent who accesses
photograph before letting you in. Of course, credit cards, keys, (whether through discovery tools, rules or physical/logistical
and badges can be lost or stolen. Signatures can be forged. settings) personal data. Privacy, in contrast, involves a subject
Badges can be counterfeited. who restricts access to personal data through the same
WHAT YOU KNOW—PINs & PASSWORDS means.
To gain access to your bank account through an
automated teller machine (ATM), you key in your PIN. A PIN Privacy is the right of people not to reveal information
(personal identification number) is the security number known about themselves. Many people are worried about the loss of
only to you that is required to access the system. Telephone their right to privacy—more than 90% of respondents to one
credit cards also use a PIN. If you carry either an ATM or a survey called online privacy a “really” or “somewhat” important
phone card, never carry the PIN written down elsewhere in issue—fearing they will lose all control of the personal
your wallet (even disguised). As we stated earlier in the book, information being collected and tracked by computers.
passwords are special words, codes, or symbols required to Data Collectors and Spies
access a computer system. Passwords are one of the weakest The rise of Big Data has led to continuing threats to
security links, and most can be easily guessed or stolen. privacy from three giant sources there are considered as the
WHO YOU ARE—PHYSICAL TRAITS society’s data collectors and spies:
Some forms of identification can’t be eas ily faked—such 1. From business organizations
as your physical traits. Biometrics is the science of measuring 2. From governments, local to national
individual body characteristics. Biometric authentication 3. From foreign governments and criminal groups
devices authenticate a person’s identity by verifying his or her Business & Cyberspying
physical or behavioral characteristics with a digital code stored 1. Almost everything we do online is being scooped
in a computer system. up and recorded for use by marketers, and it’s
difficult to know what parts of our own lives still
3. ENCRYPTION belong to us.
Encryption is the process of altering readable data into 2. Whatever the impact on your personal privacy, it
unreadable form to prevent unauthorized access, and it is what seems unlikely that you can claim ownership of a
has given people confidence to do online shopping and lot of data that’s being collected about you. At
banking. Encryption is clearly useful for some organizations, work, for instance, you basically have no rights.
especially those concerned with trade secrets, military matters, Government & Cyber spying
and other sensitive data. 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
Protection of Software & Data (NSA), FBI, drones, and so on
What are three ways that organizations can protect Spying, Hacking, & Cyberwarfare by Foreign Governments
software and data? & Groups
Organizations go to tremendous lengths to protect The world is so interconnected that it is a constant struggle
their programs and data. As might be expected, this includes for technology managers to keep us secure against cyber
educating employees about making backup disks, protecting invasions of all sorts.
against viruses, and so on. Other security procedures include Governments get involved in cyberwarfare —warfare
the following: involving computers and the Internet in which one nation
CONTROL OF ACCESS attacks another’s information systems.
Access to online files is restricted to those who have a CHAPTER SUMMARY
legitimate right to access—because they need them to do their Threats to computers and communication systems
jobs. Many organizations have a system of transaction logs for includes errors and accidents, natural hazards,
recording all accesses or attempted accesses to data. computer crimes and computer criminals.
AUDIT CONTROLS The five components of security to protect computer
Many networks have audit controls for tracking which and communications are the deterrents to computer
programs and servers were used, which files opened, and so crime, identification and access, encryption, protection
on. This creates an audit trail, a record of how a transaction of software and data and disaster-recovery plans.
was handled from input through processing and output.
Data collectors and spies in our society include
PEOPLE CONTROLS
business organizations, governments and foreign
Because people are the greatest threat to a computer
governments and criminal groups.
system, security precautions begin with the screening of job
MODULE 7
applicants. Résumés are checked to see if people did what
DATABASE CONCEPTS
they said they did. Another control is to separate employee
A database is a collection of related information
functions, so that people are not allowed to wander freely into
organized in a manner that provides for rapid search a
areas not essential to their jobs. Manual and automated
retrieval. A database management system (DBMS) is a
controls—input controls, processing controls, and output
software program that is used to create, maintain and provide
controls—are used to check if data is handled accurately and
controlled access to data. A database and spreadsheet are
completely during the processing cycle. Printouts, printer
somewhat similar. Like spreadsheets, data base tables are
ribbons, and other waste that may reveal passwords and trade
composed of rows and columns. Both programs enable you to
secrets to outsiders are disposed of through shredders or
organize, sort and calculate the data. A database however,
locked trash barrels.
provides additional comprehensive functions for manipulating
3
data. This lesson introduces you to some of the basic features Word for mail merges, but the Reports tool allows for the multi‐
for entering, organizing and reporting data in Microsoft Access, level summaries
a powerful program that offers many features. As you continue Planning the Database The most important part of
learn and use MS Access, you will have the building blocks you creating a relational database is planning. This can be difficult
need for using this software for more advanced applications. when you are first learning to use Microsoft Access. Here are
Database Structure some questions that may help:
A table is composed of columns and rows, referred to 1. Input ‐ What data do I already have for the database?
as fields and records in Access. The image below shows a 2. Output ‐ What information do I want to get out of the
sample database table for customers of the Flower Store. The database?
Flower Store provides wholesale products to florists, so its 3. Process ‐ What do I need to do to get there?
customers are small flower shops.
4
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).
Reports Understanding Views:
Reports are designed to create an organized output of There are multiple ways to view a database object.
data from your database. With a Report, you can group and The two views for tables are Design View and Datasheet View.
summarize information. You can't edit the data in a Report, but Design View is used to set the data types, insert or delete
if you make the modifications in the Table, Query, or Form you fields, and set the Primary Key
will see the results when you open the Report again. Reports Datasheet View is used to enter and view the data for the
have four basic views: Report View, Print Preview, Layout records
View, and Design View Switching Between Design View and Datasheet View:
Click the View arrow on the Home tab and click on
either Datasheet View or Design View
MANAGING
DATA IN A
TABLE
The Navigation
Pane:
The Navigation Pane is a list containing every object
in your database. For easier viewing, the objects are organized
into groups by type. You can open, rename, and delete objects
using the Navigation Pane. Creating a Table:
To Minimize and Maximize the Navigation Pane: A table is a collection of data about a specific topic,
Click the double arrow in the upper-right corner of the such as employee information, products or customers. The first
Navigation Pane to minimize and maximize. step in creating a table is entering the fields and data types.
This can be done in either Datasheet View or Design View but
it is recommended to set up the table in Design View.
5
and dashes. The input mask data can either be stored in the Print Preview Layout View – allows you make design
table or simply displayed and not stored. changes while browsing your data
To Create an Input Mask for a Field: Design View - gives you a more detailed view of the structure
1. In Design View, click in a field for which you’d like to apply of your report
an input mask QUERY
2. In the Field Properties section at the bottom of the screen, Queries: You use queries to view, change, and analyze data in
click in the Input Mask line and notice the Build button that different ways. You can also use them as a source of records
appears at the right end of the line for forms and reports. To Create a Query:
3. Click the Build button to start the Input Mask Wizard 1. Click on the Create tab
4. Select the appropriate input mask 2. Click on Query Design in the Queries group
5. Click Next 3. Select the table that you would like to base your query on
6. Click Next for additional screens on which you can set 4. Click Add
options for the input mask 5. Repeat steps 3 and 4 until all tables are added
7. Click Finish on the last screen of the input mask wizard 6. Close the Show Table window
To Save the Table: The table(s) will now be displayed in the upper part of
1. Click the Save icon on the toolbar the Query Design Screen by boxes containing the
2. Enter a name for the table if you haven’t done so already tables’ fields
3. Click OK 7. Double-click on the field names in the field list window which
Entering Data in a Table: you would like to include in the query
1. In Datasheet View, start typing the data into the table by
pressing the tab key to move to the next cell Sample Query
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
by clicking on any record in the table
Defining Criteria in the Query:
2. Click either the Sort Ascending or Sort Descending
In order to control which records are displayed, you
icon on the Home tab in the Sort & Filter group
must define criteria in a query. The most common type of query
is the Select Records query which will be discussed below.
To Define Criteria for Your Query:
CREATE FORM AND REPORT
1. Position your cursor in the criteria row in the field for which
Creating a Form:
you wish to define the criteria for
A form is a database object that is used to enter or
2. Type the criteria Example: To find all Excel courses:
display data in a database. To Create a Form:
3. Position your cursor in the criteria row of the Course ID field
1. Open the table or query on which you are basing the form
4. Type Excel (Access adds the quote marks to the criteria
2. Click on the Create tab
automatically when you tab to the next column)
3. Click on Form in the Forms group
5. Click the Run Query button
A form is created and opens in Layout View.
Sample Form
To Save the Query:
1. Click the Save icon
2. Enter a name for the query
3. Click OK
CHAPTER SUMMARY
A database is a collection of related information
organized in a manner that provides for rapid search a
retrieval. A database management system (DBMS) is
a software program that is used to create, maintain
and provide controlled access to data.
Reports: Microsoft Access is a "relational" database
Reports can be based on tables or queries. To Create application. Relational means we can link together
a Report: sets of data, we can relate the data.
1. Open the table or query on which you are basing the report Basic Access Objects Access consists of four main
2. Click on the Create tab database objects: Tables, Queries, Forms, and
3. Click on Report in the Reports group Reports. Each object has at least two views, Design
A report is created in Layout View. and "Data".
Sample Report MODULE 8
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
(Republic Act No. 10175)
PRELIMINARY PROVISIONS
Title. – This Act shall be known as the “Cybercrime
Prevention Act of 2012.”
Printing Reports:
To Print a Report: Declaration of Policy. – The State recognizes the vital role of
1. Switch to Print Preview from View on the Design tab under information and communications industries such as content
Report Layout Tools production, telecommunications, broadcasting, electronic
2. Click the Print icon commerce, and data processing, in the nation’s overall social
3. Click on OK and economic development. The State also recognizes the
importance of providing an environment conducive to the
Different Views: development, acceleration, and rational application and
Print Preview – allows you see what the report would look like exploitation of information and communications technology to
on a printed piece of paper attain free, easy, and intelligible access to exchange and/or
Report View – allows you to see the data without having to delivery of information; and the need to protect and safeguard
display it in the integrity of computer, computer and communications
systems, networks, and databases, and the confidentiality,
6
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 - The intentional interception made by offense shall be punished with imprisonment of
technical means without right of any non-public transmission of prision mayor or a fine of at least Five Hundred
computer data to, from, or within a computer system including Thousand Pesos (Php500,000.00) but not exceeding
electromagnetic emissions from a computer system carrying One Million Pesos (Php1,000,000.00) or both.
such computer data; Provided, however, That it shall not be
unlawful for an officer, employee, or agent of a service Provided, that any person found guilty of committing
provider, whose facilities are used in the transmission of this punishable offense against three (3) or more
communications, to intercept, disclose, or use that persons, individually or collectively, shall be punished
communication in the normal course of his employment while with imprisonment one degree higher than that of the
engaged in any activity that is necessary to the rendition of his prescribed penalty for the offense or a fine of more
service or to the protection of the rights or property of the than One Million Pesos (Php1,000,000.00) but not
service provider, except that the latter shall not utilize service exceeding Two Million Pesos (Php2,000,000.00) or
observing or random monitoring except for mechanical or both.
service control quality checks.
3. Data interference - the intentional or reckless alteration of 2. Unsolicited Commercial Communications - The
computer data without right. transmission of commercial electronic communication
[Link] Interference - the intentional or reckless hindering with the use of computer system which seek to
without right of the functioning of a computer system by advertise, sell, or offer for sale products and services
inputting, transmitting, deleting or altering computer data or are prohibited unless: a. There is a prior affirmative
program. consent from the recipient; or b. The following
5. Misuse of Devices – conditions are present:
a. The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of: i. The commercial electronic communication
i. a device, including a computer program, designed contains a simple, valid, and reliable way for the
or adapted primarily for the purpose of committing any of the recipient to reject receipt of further commercial
offenses under this Act; or electronic messages (‘opt-out’) from the same
ii. a computer password, access code, or similar data source;
by which the whole or any part of a computer system is ii. The commercial electronic communication does
capable of being accessed with intent that it be used for the not purposely disguise the source of the
purpose of committing any of the offenses under this Act. electronic message; and
b. The possession of an item referred to in paragraphs 5(a) (i) iii. iii. The commercial electronic communication
or (ii) above with intent to use said devices for the purpose of does not purposely include misleading
committing any of the offenses under this Section. information in any part of the message in order to
Provided, That no criminal liability shall attach when the use, induce the recipients to read the message.
production, sale, procurement, importation, distribution, or Any person found guilty of any of this punishable offense shall
otherwise making available, or possession of computer be punished with a fine of at least Fifty Thousand Pesos
devices/data referred to is for the authorized testing of a (Php50,000.00) but not exceeding Two Hundred Fifty
computer system. Any person found guilty of any of the Thousand Pesos (Php250,000.00) for each transmission.
punishable acts enumerated in Section 4A of this Act shall be IMPLEMENTING AGENCIES
punished with imprisonment of prision mayor or a fine of at Law Enforcement Authorities. – There is created a
least Two Hundred Thousand Pesos (Php200, 000.00) up to a Cybercrime Center in the Philippine National Police (PNP),
maximum amount commensurate to the damage incurred or a Cybercrime Division in the National Bureau of
both. Investigation (NBI) and an Office of Cybercrime in the
B. Computer-related Offenses: Department of Justice (DOJ) to implement the provisions of
1. Computer-related Forgery – this Act. The specialized units shall be adequately resourced
a. the intentional input, alteration, or deletion of any and staffed with cyber-trained personnel.
computer data without right resulting in inauthentic Powers and Functions. – The PNP Cybercrime Center and
data with the intent that it be considered or acted NBI Cybercrime Division shall have the following powers and
upon for legal purposes as if it were authentic, functions
regardless whether or not the data is directly readable a. To investigate all cybercrimes where computer
and intelligible; systems are involved;
b. the act of knowingly using computer data which is b. To conduct data recovery and forensic analysis on
the product of computer-related forgery as defined computer systems and other electronic evidence
herein, for the purpose of perpetuating a fraudulent or seized as provided under Chapter IV of this Act;
dishonest design. c. To formulate guidelines in investigation, forensic
2. Computer-related Fraud – the intentional and unauthorized evidence recovery, and forensic data analysis
input, alteration, or deletion of computer data or program or consistent with industry standard practices;
interference in the functioning of a computer system, causing d. To provide technological support to investigate units
damage thereby, with the intent of procuring an economic within the PNP and NBI including the search, seizure,
benefit for oneself or for another person or for the perpetuation evidence preservation, forensic recovery of data from
of 6 a fraudulent or dishonest activity; Provided, that if no crime scenes and systems used in crimes and to
damage has yet been caused, the penalty imposable shall be provide testimonies;
one degree lower. e. To develop public, private sector, and law
3. Computer-related Identity Theft – the intentional enforcement agency relations in addressing
acquisition, use, misuse, transfer, possession, alteration or cybercrimes;
deletion of identifying information belonging to another, f. To maintain necessary and relevant databases for
whether natural or juridical, without right; Provided, that if no statistical and/or monitoring purposes; and
g. To develop capacity within their organizations in
7
order to perform such duties necessary for the through the use of electronic tapping devices, in real time or at
enforcement of this act. the same time that the communication is occurring and:
a. To secure a computer system or a computer data
The DOJ Office of Cybercrime shall have the following storage medium;
powers and functions: b. To make and retain a copy of those computer data
a. To act as a central authority for all requests for secured;
assistance for investigation or proceedings c. To maintain the integrity of the relevant stored
concerning criminal offenses, facilitate the provisions computer data;
of legal or technical advice, preservation and d. To conduct examination of the computer data storage
production of data, collection of evidence, giving legal medium; and
information and locating suspects; e. To render inaccessible or remove those computer
b. To act on complaints/referrals of cybercrime offenses data in the accessed computer or computer and
and other violations of this Act; communications network.
c. To issue preservation and production orders Law enforcement authorities may request for an extension of
addressed to service providers, subpoena duces time to complete the examination of the computer data storage
tecum, subpoena ad testificandum and summon medium and to make a return thereon but in no case for a
witnesses to appear in any investigation or period longer than thirty (30) days from date of approval by the
proceedings for cybercrime offenses; court.
d. To cause the filing of complaints for the prosecution Restricting or Blocking Access to Computer Data. – When
of cybercrime offenses; a computer data is prima facie found to be violative of the
e. To punish any person who fails to comply with the provisions of this Act, the central authority shall issue an order
orders under Chapter IV of this Act, for direct and to restrict or block access to such computer data.
indirect contempt; Non-compliance. – Failure to comply with the provisions of
f. To request the different government agencies for Chapter IV shall be punished as a violation of P.D. No. 1829
assistance in obtaining information necessary for the with imprisonment of prision correccional in its maximum
proper discharge of its responsibilities under this Act, period or a fine of One Hundred Thousand Pesos
and examine, if necessary, the pertinent records and (Php100,000.00) or both, for each and every non-compliance
documents in the possession of such government with such an order
agency;
g. To require the PNP Cybercrime Center and the NBI INTERNATIONAL COOPERATION
Cybercrime Division to submit timely and regular
reports including pre-operation, post-operation and
investigation results and such other documents for General Principles Relating to International
review and monitoring; Cooperation — All relevant international instruments on
h. To facilitate international cooperation on intelligence, international cooperation in criminal matters, arrangements
investigations, training and capacity building related to agreed on the basis of uniform or reciprocal legislation, and
cybercrime prevention, suppression and prosecution; domestic laws, to the widest extent possible for the purposes of
and investigations or proceedings concerning criminal offenses
i. To perform such other functions as it may deem related to computer systems and data, or for the collection of
appropriate and necessary for the proper enforcement evidence in electronic form of a criminal, offense shall be given
of this Act. full force and effect.
j.
Information and Communications Technology Office. – COMPETENT AUTHORITIES
The Information and Communications Technology Office
(ICTO) shall be responsible for formulating and implementing a Department of Justice (DOJ). — There is hereby created an
national cyber security plan and extending immediate Office of Cybercrime within the DOJ designated as the central
assistance for the suppression of real-time commission of authority in all matters related to international mutual
cybercrime offenses through a computer emergency response assistance and extradition.
team (CERT).
Cybercrime Courts. – There shall be designated special
courts manned by cyber-trained judges to handle cybercrime Cybercrime Investigation and Coordinating Center.
cases. — There is hereby created, within thirty (30) days from the
Preservation of Computer Data. – The integrity of traffic data effectivity of this Act, an inter-agency body to be known as the
and subscriber information relating to communication services Cybercrime Investigation and Coordinating Center (CICC),
provided by a service provider shall be preserved for a under the administrative supervision of the Office of the
minimum period of six (6) months from the date of the President, for policy coordination among concerned agencies
transaction. Content data shall be similarly preserved for six (6) and for the formulation and enforcement of the national
months from the date of receipt of the order from the central cybersecurity plan.
authority requiring its preservation.
The central authority may order a one-time extension for Composition. — The CICC shall be headed by the Executive
another six (6) months provided that once computer data Director of the Information and Communications Technology
preserved, transmitted or stored by a service provider is used Office under the Department of Science and Technology
as evidence in a case, the service provider shall transmit and (ICTO-DOST) as Chairperson with the Director of the NBI as
endorse the computer data to central authority. Vice Chairperson; the Chief of the PNP; Head of the DOJ
The service provider ordered to preserve computer data shall Office of Cybercrime; and one (1) representative from the
keep confidential the order and its compliance. private sector and academe, as members. The CICC shall be
manned by a secretariat of selected existing personnel and
Disclosure of Computer Data. – The central authority shall representatives from the different participating agencies.
issue an order requiring any person or service provider to
disclose or submit subscriber’s information, traffic data or
FINAL PROVISIONS
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 Waiver of Bank Secrecy. – Any investigation of cybercrime
the disclosure is necessary and relevant for the purpose of offenses under this Act that necessarily includes an inquiry to
investigation. any particular deposit or investment with any banking institution
Search, Seizure and Examination of Computer Data. – or non-bank financial institution shall be considered as an
Where a search and seizure warrant is properly issued, the law exception to the absolute confidential nature of all deposits
enforcement authorities shall likewise have the following provided under R.A. No. 1405.
powers and duties: Within the time period specified in the
warrant, to conduct interception, as defined in this Act, content TEN COMMANDMENTS OF COMPUTER ETHICS
of communications, procure the content of data either directly, The Ten Commandments of Computer Ethics were created
through access and use of computer system, or indirectly, in 1992 by the Computer Ethics Institute. The commandments
were introduced in the paper "In Pursuit of a 'Ten
8
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 Commandment 4
Advisory Board's memo on ethics from 1987. The Ten Simply put: Do not use computer technology to steal
Commandments of Computer Ethics copies the archaic style of information.
the Ten Commandments from the King James Bible. 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,
professionals — has used the commandments as a foundation stealing of information is much easier. Computers can
for its own ethics rules. 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
some hard-to-believe information, are not uncommon.
Direct or indirect involvement in the circulation of false
information is ethically wrong. Giving wrong
Commandment 1 information can hurt other parties or organizations that
Simply put: Do not use the computer in ways that may are affected on that particular theme.
harm other people. Examples: Posting something like "He or she did ...."
Explanation: This commandment says that it is without any proves
unethical to use a computer to harm another user. It is
not limited to physical injury. It includes harming or Commandment 6
corrupting other users' data or files. The Simply put: Refrain from copying software or buying
commandment states that it is wrong to use a pirated copies. Pay for software unless it is free.
computer to steal someone's personal information. Explanation: Like any other artistic or literary work,
Manipulating or destroying files of other users is software is copyrighted. A piece of code is the original
ethically wrong. It is unethical to write programs, work of the individual who created it. It is copyrighted
which on execution lead to stealing, copying or in his name. In case of a developer writing software
gaining unauthorized access to other users' data. for the organization he works for, the organization
Being involved in practices like hacking, spamming, holds the copyright for it. Copyright holds true unless
phishing or cyber bullying does not conform to its creators announce it is not. Obtaining illegal copies
computer ethics. of copyrighted software is unethical. It is not easy to
Examples: Sending virus in order to hack personal do such things and in the end it will just be copied
information and exposing to the others. illegally.
Examples: Cracking demo program and using it
Commandment 2 forever
Simply put: Do not use computer technology to cause
interference in other users' work. Commandment 7
Explanation: Computer software can be used in ways Simply put: Do not use someone else's computer
that disturb other users or disrupt their work. Viruses, resources unless authorized to.
for example, are programs meant to harm useful Explanation: Multi-user systems have user specific
computer programs or interfere with the normal passwords. Breaking into some other user's
functioning of a computer. Malicious software can password, thus intruding his private space is
disrupt the functioning of computers in more ways unethical. It is not ethical to hack passwords for
than one. It may overload computer memory through gaining unauthorized access to a password-protected
excessive consumption of computer resources, thus computer system. Accessing data that you are not
slowing its functioning. It may cause a computer to authorized to access or gaining access to another
function wrongly or even stop working. Using user's computer without his permission is not ethical.
malicious software to attack a computer is unethical. Privacy will always be applied to such resources and
Examples: Deleting friend's essay document and were not supposed to get exposed and hack in such
saying I was just playing. ways that is not yours.
Examples: Using site's information and publishing a
Commandment 3 book without the source to earn benefit
Simply put: Do not spy on another person's computer
data. Commandment 8
Explanation: We know it is wrong to read someone's Simply put: It is wrong to claim ownership on a work
personal letters. On the same lines, it is wrong to read which is the output of someone else's intellect.
someone else's email messages or files. Obtaining Explanation: Programs developed by a software
data from another person's private files is nothing less developer are his/her property. If he is working with an
than breaking into someone's room. Snooping around organization, they are the organization's property.
in another person's files or reading someone else's Copying them and propagating them in one's own
personal messages is the invasion of his privacy. name is unethical. This applies to any creative work,
There are exceptions to this. For example, spying is program or design. Establishing ownership on a work
necessary and cannot be called unethical when it is which is not yours is ethically wrong. Originality of any
done against illegitimate use of computers. For software/programs are to be keep safe and trying to
example, intelligence agencies working on cybercrime claim ownership will cause a viral disputes.
cases need to spy on the internet activity of suspects.
9
Examples: Posting New movie that just came out on Any person who is a national or who is domiciled or
Youtube has a real and effective industrial establishment in a
Commandment 9 country which is a party to any convention, treaty or
Simply put: Before developing a software, think about agreement relating to intellectual property rights or the
the social impact it can have. repression of unfair competition, to which the
Explanation: Looking at the social consequences that Philippines is also a party, or extends reciprocal rights
a program can have, describes a broader perspective to nationals of the Philippines by law, shall be entitled
of looking at technology. A computer software on to benefits to the extent necessary to give effect to
release, reaches millions. Software like video games any provision of such convention, treaty or reciprocal
and animations or educational software can have a law, in addition to the rights to which any owner of an
social impact on their users. When working on intellectual property right is otherwise entitled by this
animation films or designing video games, for Act.
example, it is the programmer's responsibility to Parts of the law:
understand his target audience/users and the effect it
may have on them. For example, a computer game The Intellectual Property Code of the Philippines is
for kids should not have content that can influence divided into five [5] parts, to wit:
them negatively. Similarly, writing malicious software
is ethically wrong. A software developer/development
firm should consider the influence their code can have PART I - The Intellectual Property Office
on the society at large. PART II - The Law on Patents
Examples: Making program that can spy on other PART III - The Law on Trademarks, Service
people's computer Marks and Trade Names
PART IV - The Law on Copyright
Commandment 10 PART V - Final Provisions
Simply put: In using computers for communication, be Government Agencies:
respectful and courteous with the fellow members.
Explanation: The communication etiquette we follow
in the real world applies to communication over The agency of the government in charge of the
computers as well. While communicating over the implementation of the Intellectual Property Code is the
Internet, one should treat others with respect. One Intellectual Property Office which replaced the Bureau
should not intrude others' private space, use abusive of Patents, Trademarks and Technology Transfer. It
language, make false statements or pass is divided into six [6] Bureaus, namely:
irresponsible remarks about others. One should be
courteous while communicating over the web and [1] Bureau of Patents;
should respect others' time and resources. Also, one [2] Bureau of Trademarks;
should be considerate with a novice computer user. [3] Bureau of Legal Affairs;
Examples: Chatting with someone using curse words [4] Documentation, Information and Technology
Republic Act No. 8293 [An Act Prescribing the Intellectual Transfer Bureau;
Property Code and Establishing the Intellectual Property [5] Management Information System and EDP
Office, Providing for Its Powers and Functions, and for Bureau; and
Other Purposes]otherwise known as the Intellectual [6] Administrative, Financial and Personnel
Property Code of the Philippines. Services Bureau
Intellectual Property (IP) POWERS AND FUNCTIONS OF THE INTELLECTUAL
Philippine Definition: Intellectual Property is an intangible PROPERTY OFFICE FROM SEC. 5 OF THE INTELLECTUAL
asset that can be protected from theft or unauthorized use. Any PROPERTY LAW (RA 8293) AS AMENDED:
person can own IP and have the right to sell or give it to others. Section 5. Functions of the Intellectual Property Office
American Definition: Intellectual property is a property right (IPO). - 5.1. To administer and implement the State policies
that can be protected under federal and state law, including declared in this Act, there is hereby created the Intellectual
copyrightable works, ideas, discoveries, and inventions. The Property Office (IPO) which shall have the following functions:
term intellectual property relates to intangible property such as a) Examine applications for grant of letters patent for inventions
patents, trademarks, copyrights, and trade secrets. Thus, in and register utility models and industrial designs;
today's legal marketplace most registered patent attorneys b) Examine applications for the registration of marks,
hold themselves out as intellectual property law attorneys, as geographic indication, integrated circuits;
opposed to merely a patent attorney. c) Register technology transfer arrangements and settle
disputes involving technology transfer payments covered by
State policy declaration: the provisions of Part II, Chapter IX on Voluntary Licensing and
develop and implement strategies to promote and facilitate
technology transfer;
The State recognizes that an effective intellectual and d) Promote the use of patent information as a tool for
industrial property system is vital to the development technology development;
of domestic and creative activity, facilitates transfer of e) Publish regularly in its own publication the patents, marks,
technology, attracts foreign investments, and ensures utility models and industrial designs, issued and approved, and
market access for our products. It shall protect and the technology transfer arrangements registered;
secure the exclusive rights of scientists, inventors, f) Administratively adjudicate contested proceedings affecting
artists and other gifted citizens to their intellectual intellectual property rights; and
property and creations, particularly when beneficial to g) Coordinate with other government agencies and the private
the people, for such periods as provided in this Act. sector efforts to formulate and implement plans and policies to
strengthen the protection of intellectual property rights in the
The use of intellectual property bears a social country.
function. To this end, the State shall promote the 5.2. The Office shall have custody of all records, books,
diffusion of knowledge and information for the drawings, specifications, documents, and other papers and
promotion of national development and progress and things relating to intellectual property rights applications filed
the common good. with the Office. (n)
DIFFERENT RIGHTS PROTECTED BY THE INTELLECTUAL
PROPERTY OFFICE FROM SEC. 4.1 OF THE
It is also the policy of the State to streamline INTELLECTUAL PROPERTY LAW (RA 8293) AS
administrative procedures of registering patents, AMENDED: The term "intellectual property rights" consists of:
trademarks and copyright, to liberalize the registration a) Copyright and Related Rights; Copyright relates to literary
on the transfer of technology, and to enhance the and artistic creations, such as books, music, paintings and
enforcement of intellectual property rights in the sculptures, films and technology-based works (such as
Philippines. computer programs and electronic databases). In certain
Effect on international conventions and on languages, copyright is referred to as authors’ rights. Although
principle of reciprocity: international law has brought about some convergence, this
10
distinction reflects an historic difference in the evolution of g) Protection of Undisclosed Information (n, TRIPS) This
these rights that is still reflected in many copyright systems. refers to a process, formula, tool, plan, mechanism or
The expression copyright refers to the act of copying an compound that is only known by the owner or disclosed to a
original work which, in respect of literary and artistic creations, selected number of employees. The trade secret is used to
may be done only by the author or with the author’s produce a service or product with commercial value.
permission. Related rights, also referred to as neighboring Significant features of the law:
rights, protect the legal interests of certain persons and legal 1. A shift was made from the "first-to-invent
entities that contribute to making works available to the public system" under R. A. 165 [old law] to "first-to-file
or that produce subject matter which, while not qualifying as system" under the new law.
works under the copyright systems of all countries, contains 2. In the case of inventions, the period of the
sufficient creativity or technical and organizational skill to justify grant was increased from 17 years from grant under
recognition of a copyright-like property right. The law of related the old law to 20 years from date of filing under the
rights deems that the productions that result from the activities new law.
of such persons and entities merit legal protection as they are 3. In the case of utility models, the previous grant
related to the protection of works of authorship under copyright. of 5 years plus renewals of 5 years each under the old
Some laws make clear, however, that the exercise of related law was changed to 7 years without renewal under
rights should leave intact, and in no way affect, the protection the new law.
of copyright. 4. In the case of industrial designs, the previous
b) Trademarks and Service Marks; A trademark is a tool grant of 5 years plus renewals of 5 years each was
used that differentiates goods and services from each other. It maintained.
is a very important marketing tool that makes the public identify 5. Under the old law, there was no opposition
goods and services. A trademark can be one word, a group of proceedings and the examination is mandatory; under
words, sign, symbol, logo, or a combination of any of these. the new law, the examination is made only upon
Generally, a trademark refers to both trademark and service request [possibly with or without examination].
mark, although a service mark is used to identify those marks 6. Under the old law, publication is made after
used for services only. Trademark is a very effective tool that the grant; under the new law, publication is effected
makes the public remember the quality of goods and services. after 18 months from filing date or priority date.
Once a trademark becomes known, the public will keep on 7. Under the old law, the penalties for repetition
patronizing the products and services. If utilized properly, a of infringement are: PhP10,000 and/or 5 years of
trademark can become the most valuable business asset of an imprisonment and the offense prescribes in 2 years;
enterprise. In addition to making goods and services under the present law, the penalties range from
distinctive, the owner of a mark may earn revenues from the PhP100,000 to PhP300,000 and/or 6 months to 3
use of the mark by licensing its use by another or though years of imprisonment and the offense prescribes in 3
franchising agreements. One can be an owner of a trademark years.
or service mark, whether or not it is registered. This is common Significant changes in the trademark law:
law protection. Registration is proof of ownership and makes
ownership rights easier to enforce. The basic question in The significant changes in the trademark law under
lawsuits over marks is whether or not the general public is the old law [R. A. No. 166] and the present law are as
likely to be confused as to the origin of the service or product. follows:
c) Geographic Indications; Indications which identify a good 1. Under the former, the element of use before
as originating in the territory of a Member, or a region or filing a local application is a requirement although this
locality in that territory, where a given quality, reputation or is not required when the application is based on
other characteristic of the good is essentially attributable to its foreign registration; while under the latter, the element
geographic origin. Geographical indications are quality of use has been eliminated as a requirement for
indicators, are widely used by producers, distributors and application.
retailers as an advertising or promotional tool to attract 2. Under the former, the term granted is 20
consumers and investors. years renewable for 20-year periods; while under the
d) Industrial Designs; The industrial design as any latter, the term is for 10 years, renewable for 10-year
composition of lines or colors or any three-dimensional form, periods.
whether or not associated with lines or colors; provided that 3. Under the former, the affidavit of use or non-
such composition or form gives a special appearance to and use is required on the 5th, 10th and 15th
can serve as pattern for an industrial product or handicraft. anniversaries; while under the latter, proof of use
Simply put, it is that aspect of a useful article which is within 3 years from the filing of the application is
ornamental or aesthetic. required and the affidavit of use should be filed within
Generally, industrial designs are important for handicrafts, 1 year from the 5th anniversary.
jewelry, mobile phones, packaging materials, furniture, 4. Under the former, a Supplemental Register
electrical appliances, accessories, boxes, architectural is required to be maintained; while under the latter, it
structures and other products. It is important to protect an is no longer required.
industrial design because it enables the owner to prevent 5. Under the former law, penalties for
others from copying or imitating the industrial design without infringement, unfair competition, false designation of
his consent. He can also prevent parties from importing, origin and false description or representation range
selling, manufacturing or making products bearing his industrial from fine of PhP500 to PhP2,000 and/or 6 months to
design 3 years and 4 months of imprisonment; while under
e) Patents; A Patent is a grant issued by the government the latter law, the penalties range from fine of
through the Intellectual Property Office of the Philippines (IP PhP50,000 to PhP200,000 and/or 2 to 5 years of
Philippines). It is an exclusive right granted for a product, imprisonment.
process or an improvement of a product or process which is
new, inventive and useful. This exclusive right gives the Significant changes in the copyright law:
inventor the right to exclude others from making, using, or
selling the product of his invention during the life of the patent.
A patent has a term of protection of twenty (20) years providing It is now required that after the first public dissemination of
an inventor significant commercial gain. In return, the patent performance by authority of the copyright owner of certain
owner must share the full description of the invention. This specified work, there shall, for the purpose of completing the
information is made available to the public in the form of the records of the National Library and the Supreme Court library,
Intellectual Property Official Gazette and can be utilized as within three (3) weeks, be registered and deposited with it, by
basis for future research and will in turn promote innovation personal delivery or by registered mail, two (2) complete copies
and development. or reproductions of the work in such form as the directors of
f) Layout-Designs (Topographies) of Integrated Circuits; said libraries may prescribe.
and Integrated Circuits are commonly known as “chips” or
“micro-chips”. They are the electronic circuits in which all the The scheme of penalties for infringement has also been
components (transistors, diodes and resistors) have been changed. From the previous fine of Php200 to Php2,000
assembled in a certain order on the surface of a thin semi- and/or imprisonment of 1 year, the current range of penalties
conductor material (usually silicon). are as follows:
11
For first offenders - fine of PhP50,000 to
PhP150,000 and/or imprisonment of 1 to 3 years
For second offenders - fine of PhP150,000 to
PhP500,000 and/or imprisonment of 3 to 6
years
For third and subsequent offenders - fine of
PhP500,000 to PhP1.5 Million and/or
imprisonment of 6 to 9 years.
In case of insolvency, the offender shall furthermore suffer
subsidiary 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
12