Category Archives: Internet & Tech

Cybercrimes and Warrantless Arrests: The Case of Ronnel Mas

A cybercrime may refer to an offense defined and penalized under the Cybercrime Prevention Act of 2012 (Republic Act No 10175), or crimes/offenses defined and penalized in other laws committed through an information and communications system (ICT). A warrantless arrest, on the other hand, may be valid under certain circumstances (see Warrant of arrest in cybercrimes). We see the combination of both topics discussed in this Forum, cybercrimes and valid warrantless arrests, in the recent resolution of the Department of Justice (DOJ) relating to the warrantless arrest of a teacher, Ronnel Mas.

Continue reading

Illegal Interception of Computer Data, Warrant to Intercept (WICD): Rule on Cybercrime Warrants

Illegal interception of computer data is defined and penalized under the Cybercrime Prevention Act of 2012. The crime of “illegal interception” is 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.” As far as the unauthorized intrusion into the computer system, this is akin to the Anti-Wiretapping Law and the Anti-Photo and Video Voyeurism Act of 2009, both of which are discussed below for easy reference.

Continue reading

Unregistered Cryptocurrency Investments: SEC Advises Public to be Wary

The Securities and Exchange Commission (SEC) advised the public not to invest or stop investing in schemes or initial coin offerings and digital asset trading which are not compliant with the guidelines of the Bangko Sentral ng Pilipinas (BSP) and SEC. The SEC, through its Enforcement and Investor Protection Department, recently issued a number of advisories warning the public about the activities of certain entities, including the following:

Continue reading

Destruction of Computer Data under the Rule on Cybercrime Warrants

Service providers have the duty to preserve computer data within a general period of 6 months (see Preservation of Computer Data), upon notice by law enforcement agencies. On the other hand, law enforcement agencies have a requisite period to complete the examination of computer data. Upon the expiration of these periods, the service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of preservation and examination. 

Continue reading

Preservation of Computer Data under the Rule on Cybercrime Warrants

The integrity of traffic data and subscriber’s information shall be kept, retained, and preserved by a service provider for a minimum period of six (6) months from the date of the transaction. On the other hand, content data shall be preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. These are provided in Section 13 of Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012.

Continue reading

Disclosure of Computer Data, Warrant to Disclose Computer Data (WDCD), under the Rule on Cybercrime Warrants

As previously noted in the Preservation of Computer Data, the obligation to preserve traffic data, subscriber’s information, and content data does not equate to an obligation to disclose the data. A warrant must be secured to authorize the disclosure of the computer data. This is called a Warrant to Disclose Computer Data (WDCD). This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Continue reading