"Congress approves Anti Cybercrime Bill HB 5808" - are we safer or worst for it?

**chua_riwap** · October 21st, 2012 02:21 PM

Originally Posted by yokknekk

TRO manny

Tech rock out.......

**ghosthunter** · October 24th, 2012 07:51 PM

**ghosthunter** · November 7th, 2012 11:32 PM

Bill to amend Cybercrime law silent on libel, real-time data collection
J.M. Tuazon, InterAksyon.com · Wednesday, November 7, 2012 · 10:00 am
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MANILA, Philippines — The repeal of the clauses on libel and real-time collection of data in the Cybercrime law were absent in the amendments being proposed by its chief author in the Senate, according to an amendatory bill filed in the upper house recently.

According to Senate Bill 3315, also known as “An Act further protecting civil liberties in computer systems” filed by Senator Edgardo Angara, the quick and widespread uproar regarding the Cybercrime Prevention Act only proves how information travels fast over the Internet, which is “precisely why it should be protected.”

“The Cybercrime Prevention Act, especially when taken together with the Data Privacy Act, is our best weapon to deal with destructive behavior and unscrupulous acts in cyberspace,” Angara said in his explanatory note.

Glaringly absent in the proposed amendments, however, was the call to repeal the clause on online libel, which is one of the hottest contentious points in the cybercrime law, as well as the provision on real-time collection of traffic data.

In earlier interviews, Angara insisted the need for the libel provision, as it was necessary to reflect the fact that libel can be committed using the Internet as well.

“Why not? You mean the cyberspace is a zone of impunity [where] you can now begin to lambast maliciously without fear of any sanction at all? I don’t think that will promote our civilization and the use of the Internet. That’s never been the intent,” he said.

In his amendatory bill, a copy of which was obtained by InterAksyon.com, the lawmaker proposed the repeal of the “higher penalty” clause for acts deemed illegal by the Revised Penal Code — including libel — if committed through the Internet.

This provision was met with particular opposition from various camps, who pointed out that the higher penalties, specifically on online libel, seeks to curtail freedom of expression online.

Angara also proposed a more detailed provision on Section 19, also known as the “takedown clause,” which gives the Department of Justice the power to block or restrict access to websites based only on prima facie evidence.

The proposed amendment states: “Require a court order for any restriction or blocking of access to computer data in order to ensure that the right of the owner against arbitrary restriction to the access of computer data is avoided and his right to due process is guaranteed.”

Angara explained that the introduction of the clause only meant to “strike a balance between the right of the owner and the need of law enforcement authorities for expediency and swift action.”

The Supreme Court issued a 120-day temporary restraining order against the implementation of the Cybercrime law based on petitions filed by various sectors of society. The TRO is expected to lapse before February.

source: http://www.interaksyon.com/infotech/...ata-collection

**ghosthunter** · December 12th, 2012 02:59 PM

Palace asks SC to lift TRO on Anti-Cybercrime Law

The Anti-Cybercrime Law of 2012 (R.A. 10175) was placed on hold by a TRO issued by the Supreme Court last October 9. The SC will hear oral arguments from all parties in January 2013, including the 15 petitioners that filed for the TRO.

This week, the Office of the Solicitor General filed a 148-page comment requesting the Supreme Court to lift the temporary restraining order on R.A. 10175.

The request by the government to enforce the Anti-Cybercrime Law and have the TRO lifted was outlined in this report by GMA News.

Despite the TRO placed on the Anti-Cybercrime Law, several bloggers and YouTubers have been subject to online libel lawsuits in the last couple of months.

Just last week, local blogger was sued by a group-buying website for libel based on comments posted on his blog.

Then last month, blogger and YouTuber Jose Farrugia was also sued for online libel by their neighbor (also a distant relative) for uploading a video of their verbal altercations on YouTube.

source: Palace asks SC to lift TRO on Anti-Cybercrime Law - YugaTech | Philippines, Tech News & Reviews