Module 13 & 14: Related Philippine Laws and Computer Crimes

QUESTION:

     Research on ten Philippine e-commerce related crimes that were successfully solved by the government. State the crime committed, name of criminals, court's decision and include the source of your information.

ANSWER:

 

The following are successfully solved by the government which related to Philippine e-commerce crimes: 

1. Filipino hacker 

Crime committed: Hacking the government portal "gov.ph" and other government websites.
Name of Criminal(s): JJ Maria Giner 

Court’s Decision: According to Criminal Case No. 419672-CR filed at Branch 14 of the Metropolitan Trial Court of Manila under Judge Rosalyn Mislos-Loja, a copy which was shown to INQ7.net, Giner was sentenced to one to two years of imprisonment and will pay a fine of 100,000 pesos. 

Source: http://www.crime-research.org/news/29.09.2005/1519/

2. Filipino call center agent found guilty of hacking

Crime committed: Hacking a company's system to steal credit card information.
Name of Criminal(s): Jeffric Carlos Abiera

Court’s Decision: He was sentenced Thursday by the Quezon City metropolitan court to a minimum imprisonment of one to two years plus a fine of P100,000 ($5,858) in violation of section 33 of the E-Commerce Law.

Source: http://www.networkworld.com/news/2006/050406-filipino-call-center-agent-hacking.html

3. Filipino call center agent found guilty of hacking

Crime committed:  Hacking - The cybercrime involves a former employee of a local manufacturing company accused of stealing company(VMC) secrets.
Name of Criminal(s): Roschelle Claro

Court’s Decision: The case is under preliminary investigation following the filing of the investigators from the NBI-AFCCD. And she faces other charges for violating laws on qualified theft, libel and revelation of secrets, which is an offense under article 292 of the Revised Penal Code. Thus, the Department of Justice and the Commission on Information and Communications Technology are working with various stakeholders on a cybercrime bill that aims to strengthen existing laws related to high-tech crimes or crimes committed using technology.

Source: http://www.crime-research.org/news/09.07.2008/3443/

4. 11 convicted for video piracy

Crime committed:  Video Piracy
Name of Criminal(s): (11 Chinese nationals) Jiang Ming Zhi, Jhuang Shang Ti  Zheng Huo Yan, Joshua Chen, Lee Hokbeng, Johan Ang, Uang Zhu Sy, Wen Jhong, William Tan, Kim Diang and Ong Wen San

Court’s Decision: In a two-page decision, Judge Floro Alejo found accused 11 Chinese nationals were guilty beyond reasonable doubt and meted them three months and one day terms and each to pay a fine of P500,000 with subsidiary imprisonment in case of insolvency.

Source: http://www.philstar.com/Article.aspx?articleId=231564

5.  Philippines' Landmark Hacking Case Goes To Trial

Crime committed: Hacking - ( illegally accessed the school's computer system )
Name of Criminal(s): Leilani Garcia and Cesar Mañalac

Court’s Decision: The criminals were charged with violating a provision of RA 8792, also known as the e-commerce act of 2000. And it was filed by the National Bureau of Investigation (NBI). But then, during the trial, Robert Lim, counsel for the accused, filed a motion to dis­miss the case. The presiding judge rejected the move saying the case was "only on its first day of trial."
Lim questioned the documents presented by the plaintiffs and demanded that the contending party issue a list of evidences allegedly used by Garcia to commit the unauthorized access.

Source: http://www.pinoyexchange.com/forums/showthread.php?t=99590 and http://lsu-cs192.blogspot.com/

6. Crime  Committed: ILOVEYOU VIRUS which infected millions of computers worldwide.

Crime committed: ILOVEYOU VIRUS which infected millions of computers worldwide.
Name of Criminal(s): Onel de Guzman

Court’s Decision: Charges against him in our country were dismissed, mainly because we had not yet passed legislation addressing the crimes he had committed. The public around the world is justifiably outraged.

Source: COUNTRY REPORT ON CYBERCRIME: THE PHILIPPINES by Gilbert C. Sosa*

7. Credit group hails fraud convictions

Crime committed:  Credit Card Fraud
Name of Criminal(s): Lim King  and Leung Hung Ying

Court’s Decision: The Credit Card Association of the Philippines (CCAP) hailed the conviction for fraud of two Asian foreigners by a local court. The judge sentenced each to three years in jail and a fine of P121,738. The two pleaded guilty when charged, which explained the lighter jail term, normally a maximum of five years, and lower fine.

Source: http://www.philstar.com/Article.aspx?articleId=95600

8. Woman nabbed for credit card fraud

Crime committed:  Credit Card Fraud
Name of Criminal(s): Melinda Asuncion

Court’s Decision: There's no update found on the internet about court's decision in this case. But, Sitty Anisa Mauna, filed a complaint before the Manila Police Department after discovering that her HSBC credit card was used without her knowledge.

Source: http://www.abs-cbnnews.com/nation/metro-manila/08/11/11/woman-nabbed-credit-card-fraud
 

9. Convicted for video piracy

Crime committed:  Reproduction and sale of pirated materials.   
Name of Criminal(s): Raffy Bitancor

Court’s Decision:  Bitancor was sentenced by Pasig Regional Trial Court Judge Jose R. Hernandez to suffer the straight penalty of one year imprisonment and a fine of P50,000 for each of the two offenses for engaging in the reproduction and sale of pirated materials. Fourteen others, including a couple from Bicol, were sentenced to appropriate imprisonment and fine for engaging in film piracy.

Source: http://www.philstar.com/Article.aspx?articleId=231564

10. Businessman convicted for software piracy  

Crime committed:  Software piracy
Name of Criminal(s): Nestor Yao

Court’s Decision: He was found guilty on two criminal cases filed against him, according to a decision of Judge Antonio Eugenio Jr. of Branch 24 of the Regional Trial Court of Manila. The local businessman faces a prison sentence of one year for one case, and three to six years for the other case. The court also required him to pay a total of 200,000 pesos.

Source: http://www.ulop.net/forum/4-lounge/267408-raid-in-brgy-rizal-makati-part2?limit=10&start=80

Module 12: Intellectual Property Rights

QUESTION: 

        What is there for to rejoice if you have the intellectual property on something? Would it be a great instrument to the economic growth of the country? Or you are just the sole beneficiary of the fruits you have reaped from what you have sowed? Explain. 

ANSWER:
 

            Having an intellectual property is a great rejoice for me. It is because it maybe an instrument on being a famous one. You may become a role model to anybody; they may follow your steps as one of the innovator. Moreover, it is also a way to help to improve works, make things easy, and most of all it is way to grow your income. And it is a great instrument to the economic growth of the country. It is because as this person leaves on that certain country, the country can also have a share and that’s because of having a tax to a certain invention as it goes to the market and sell it. But, tax is not the only reason why this country can increase its income, and there are many ways to benefit to a certain invention not in a wrong way, and it is in a good way instead. However having this invention is not a sole beneficiary. As you patented this technology anybody can enjoy on using this expertise. Just for an example: Cell phones composed of different patented parts, thus as it manufactured and put into the market anybody can enjoy on using such technology.

            Therefore, I you share your idea, anybody will be happy. But if you only hide it and keep it onto yourself only no one will enjoy.

           

 

Module 11: Free Speech Issues

QUESTIONS:

1. Facebook’s marketing director, who happens to be Mark Zuckerberg’s sister, proposed last year that banning online anonymity would help curtail cyber-bullying and Internet harassment. Then-Google CEO Eric Schmidt made a similar observation in year 2010, noting that “privacy is incredibly important” but “not the same thing as anonymity.” If banning is already imposed or will be imposed would this stop annoying comments against someone freely posted by an anonymous FB user? Is this ethical? Is this against the freedom of speech? Support your answer.

ANSWER:

Yes, it will stop annoying comments against someone freely posted by an anonymous FB user, because this user can never post anything that may cause a bad image to a certain person. Yes, you have a freedom of speech but not all the time, you need to control yourself, you also consider what will be the effect on doing such things and the feelings of other people upon posting such message or any other form of anonymity. 

For me, it is ethical  by that honesty happens, thus he may used not an anonymous FB account. So that, we as a reader we may know who is this person posted such anonymity.

 

2. Is it ethical to blog both awful and pleasant experiences with your ex-girlfriend / ex-boyfriend? Discuss.

ANSWER:

Well for me blogging an awful and pleasant experience with ex-girlfriend is ethical. By that if there is somebody reads my pleasant experiences he’ll maybe inspired. He might used it or apply it to make things good. But then posting awful memories might be not good. Yes it is terrible experiences; however it may give lessons to everyone. In some instance, it is not ethical to show or post the name of your ex’s awful moment. Because, it maybe a reason to destroy the reputation, image and dignity that certain person.

Module 10: Social Justice Issues

Question:

          Is social justice evident in the impeachment trial of Chief Justice Corona? Discuss.

Answer:

            Based on my observation as the impeachment trail of Chief Justice Corona is not evident and it has no promotion of the welfare of others that happens as the trail going on. Thus, we can’t have a benefit as it continues; as a result the government costs a lot of money. And this money can help to those who are less fortunate people, it maybe help also to open a lot of jobs for the benefit of the jobless people. Moreover, this trial was made because of the politics purposes, though Corona did wrong, but then there are those people cooked this issue because they want the position. And they want Corona to be impeached, because he was then appointed by the ex-president Gloria Macapagal Arroyo, whom a popular on corruption, as a history recalled her administration was the most corrupt of all times. And that’s the reason why Corona should be impeached.

            However, if this trial would end and it has already a result that Chief Justice Corona is guilty. I can say that there is a social justice that may be happened, thus he must pay for the damages that he has done, and he must return the money which he stole. By that many people will be happy.

Module 9: Private Issues

Question:

            Talking about privacy, how far would you go for the sake of social justice? Justify.

Answer:

            It is said that privacy is the right to be let alone to do what you want in secret. But then it is one of the biggest problems on promoting social justice to anybody. In general definition of social justice, it is hard to arrive at and even harder to implement. In essence, social justice is concerned with equal justice, not just in the courts, but in all aspects of society.

            However, for the sake of social justice I would do anything which is for me the right thing to do with regards to privacy. In which I can say that this could help to anybody, and can’t harm to anyone else. Just for an example on having a case, I’d rather to show private evidence than to hide it in order to reach fairness to anybody.

MODULE 8: Computer Abuses

Question:

        What computer abuse would you like to eradicate? How would you do it?

Answer:
      For me the computer abuses which I’d like to eradicate is hacking and spamming. However it is not easy to eliminate but then we can prevent if  we follow the following instructions from the website http://www.ehow.com/how_4967690_prevent-cyber-crime.html:

• Turn on your spam blocker. Most Internet providers provide a spam blocking feature to prevent unwanted messages, such as fraudulent emails and phasing emails, from getting to your inbox.
• Make sure you have adequate anti-virus software for your computer, such as McAfee, Norton Anti-Virus, Stopzilla or other similar programs. You also need to make sure you regularly update your anti-virus software and that you do a once-a-week scan to locate and eliminate any malware, spyware, viruses and other problems. If you don't want to purchase security software, then there are programs, such as AVG, that offer free versions. 
• Use your computer's firewall protection feature, which is a digitally created barrier that prevents hackers from getting into your computer system. Always keep it turned on.  
• Encrypt important data you don't want compromised. Utilize encryption software, which "garbles" your data to make it unintelligible to anyone who tries to hack into your computer system.
• Be wary of providing personal information via a website you know nothing about, especially those that ask for your name, mailing address, bank account number or social security number.  
• Make sure that you do online shopping on a secure website, like those with a url that starts with "https" and/or have a TRUSTe or VeriSign seal. If you don't see these anywhere on the site, you run the risk of submitting credit card information and other personal information to a site that may be a fraud. 
• Avoid getting taken in by common scams, such as foreign lotteries, phony sweepstakes and similar methods used by cyber criminals to get your personal information and money. If it sounds too good to be true, it probably is. 
• Monitor the online activities of your children. They should only have access to a computer located in a central area of your home and you should regularly check all browser and email activity. A wise thing to do is to use parental control software that limits the types of sites the user can gain access to.

But then if we badly wanted to eradicate this following computer abuses we must create law for that and must follow or else must face the given consequences. Moreover, we have an option not to use a computer, thus it the most effective way to eradicate the said computer abuses.

MODULE 7: Computer Hoax Categories

Question:

      There are still enormous sources of misinformation on the World Wide Web, so how can you determine what is good information and what is bad information?

Answer:

To determine what is good information and what is bad information about the enormous sources of misinformation on the World Wide Web are the following:

Good Information:

• The information must be from reliable sources such as .edu, .gov and maybe from a forums thus flood of ideas are there.
• The information given is from the known author, and has a good background.
• In a given website it allows comments and suggestions so that readers can also give idea about the given information, thus it gives hint to the other readers that the information posted is reliable.
• The information given is based on the original author or researcher and it must be acknowledged.
• The write-ups of the information given are precise and must don’t have any errors such wrong spelling, and wrong grammar.
• The website of a given information must virus free, thus we can conclude that it was not destructed by the virus.

Bad Information:

• It gives hint to the reader that the information posted is bad in which the website is not well constructed.
• It gives information but never acknowledge the real author and it didn’t cite where the information come from.    
• It doesn’t allow readers suggestions, and comments.
• Information from the given website is out of date.
• It has a lot of errors such as wrong spelling and grammars.
• The website of source of information have viruses, thus we can verify that the information given is not reliable.

However, it is said that “Good information can be hard to find…” so we as a reader and a researcher must be careful on taking information from the web.