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The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.〔(Republic Act No. 10175 ) AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES. Approved by President of the Philippines BENIGNO S. AQUINO III on September 12, 2012〕 While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment in freedom of expression. On October 9, 2012, the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for 120 days, and extended it on 5 February 2013 "until further orders from the court." On May 24, 2013, The DOJ announced that the contentious online libel provisions of the law had been dropped.〔(DOJ to drop online libel from revised cybercrime law ) Mark Merueñas, GMA network May 23, 2013〕 On February 18, 2014, the Supreme Court ruled that section 5 of the law decision was constitutional, and that sections 4-C-3, 7, 12 and 19 were unconstitutional.〔http://www.gmanetwork.com/news/story/348945/scitech/technology/internet-libel-in-cybercrime-law-constitutional-sc〕 ==History== The Cybercrime Prevention Act of 2012 is the first law in the Philippines which specifically criminalizes computer crime, which prior to the passage of the law had no strong legal precedent in Philippine jurisprudence. While laws such as the Electronic Commerce Act of 2000 (Republic Act No. 8792〔(Electronic Commerce Act of 2000 ) (Republic Act No. 8792)〕) regulated certain computer-related activities, these laws did not provide a legal basis for criminalizing crimes committed on a computer in general: for example, Onel de Guzman, the computer programmer charged with purportedly writing the ILOVEYOU computer worm, was ultimately not prosecuted by Philippine authorities due to a lack of legal basis for him to be charged under existing Philippine laws at the time of his arrest. The initial draft of the law started in 2002 from the former Information Technology and eCommerce Council ((ITECC )) Legal and Regulatory Committee chaired by Atty. Claro Parlade and its Information Security and Privacy subcommittee co-chaired by Albert Dela Cruz of (PHCERT ) and Atty. Elfren Meneses of the (NBI ). ITECC was established under the presidency of Joseph Estrada, and continued during the term of President Gloria Macapagal Arroyo. It was headed by Secretary Virgilio 'Ver' Peña, the first Chair of the former Commission on Communications and Information Technology (CIT), and was an attempt to harmonize the U.S. Computer Fraud and Abuse Act, the EU Cybercrime Prevention Treaty or Budapest Convention on Cybercrime, Pending House and Senate bills. It was originally known as proposed bill HB377. This was superseded by several cybercrime-related bills filed in the 14th and 15th Congress. The Cybercrime Prevention Act ultimately was the product of House Bill No. 5808, authored by Representative Susan Yap-Sulit of the second district of Tarlac and 36 other co-authors, and Senate Bill No. 2796, proposed by Senator Edgardo Angara. Both bills were passed by their respective chambers within one day of each other on June 5 and 4, 2012, respectively, shortly after the impeachment of Renato Corona, and the final version of the Act was signed into law by President Benigno Aquino III on September 12. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Cybercrime Prevention Act of 2012」の詳細全文を読む スポンサード リンク
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