Here’s the proof.

You can compare the cybercrime bills of Senator Edgardo Angara, Senate President Juan Ponce Enrile, Senator Ferdinand “Bongbong” Marcos Jr. and Senator Ramon “Bong” Revilla section-by-section.

To read the story behind this, please click on the link below:

Why did four senators file nearly identical cybercrime bills?

In view of the foregoing, the immediate approval of this measure is earnestly sought.

Cybercrime is an actual danger to democracy, human rights and the rule of law. It is a dangerous reality which has to be taken seriously at the highest level. Measures to fight and prevent cybercrime must be based on laws that fully respect civil liberties. Thus, it is of utmost importance that an efficient protection and prevention method be developed to combat cybercrime.

On the other hand, the computer may has also been the object of other unlawful acts such as, but not limited to, illegal access or hacking, theft of information contained in electronic form, e-mail bombing, virus attacks, internet time thefts and so forth. Examples of these types of conducts include illegal access or access to the whole or any part of a computer system without proper authorization, illegal interception or the interception without right made by technical means, of non-public transmission of computer data to, from or within a computer system, data interference or the damaging, deletion, deterioration, alteration or suppression of computer data without proper authority, system interference or the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data, misuse of devices, forgery and fraud.

In recent years, we have witnessed how cybercrime has emerged as the latest and most complicated problem in the cyber world. Criminal activities in the cyberspace are on the rise. Computers today are being misused for illegal activities like e-mail espionage, credit and fraud, spams, and software piracy, which not only invade our privacy but also offend our senses. On many instances, the computer have been utilized as an instrument in the following illegal activities: financial crimes, sale of illegal or stolen articles, pornography, online gambling, crimes impinging on intellectual property rights, e-mail spoofing, forgery, cyber defamation, and even cyber stalking.

However, the Internet also has its own disadvantages and one of these is cybercrime. Ordinarily, cybercrime is defined as any illegal and criminal activity committed on the internet. These include unlawful acts where information technology is used either a tool or target, or both, in the commission of such unlawful acts. Any criminal activity that employs a computer either as an instrumentality, target or a means for the commission of other illegal acts also goes within the range of cybercrime.

Internet use in the Philippines has grown rapidly in the past decade. It has given rise to countless opportunities to a lot of Filipinos in every field imaginable. It has served as venue for growth and development in businesses, trade, engineering, arts and sciences and has sped up the exchange of information about practically all aspects of life. It has since been an integral part of our daily lives.

In view of the foregoing, the immediate approval of this measures is earnestly sought.

Cybercrime is an actual danger to democracy, human rights and the rule of law. It is a dangerous reality which has to be taken seriously at the highest level. Measures to fight and prevent cybercrime must be based on laws that fully respect civil liberties, Thus, it is of utmost importance that an efficient protection and prevention method be developed to combat cybercrime.

On the other hand, the computer may has also been object of the other unlawful acts such as, but not limited to, illegal access or hacking, theft of information contained in electronics form, e-mail bombing, virus attacks, internet time thefts and so forth. Examples of these types of conducts include illegal access or access to the whole or any part of a computer system without proper authorization, illegal interception without right made by technical means, of non-public transmission of computer data to, from or within a computer. system, data interference or the damaging, deletion, deterioration, alteration or suppression of computer data without proper authority, system interference or the serious hindering without right of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data, misuses of device, forgery and fraud.

In recent years, we have witnessed how cybercrime has emerged as the latest and most complicated problem in the cyber world. Criminal activities in the cyberspace are on the rise. Computers today are being misused for illegal activities like e-mail espionage, credit card fraud, spams, and software privacy, which not only invade our privacy but also offend our senses. On many instance, the computer have been utilized as an instrument in the following illegal activities: financial crimes, sale of illegal or stolen articles, pornography, online gambling, crimes impinging on intellectual property rights, e-mail spoofing, forgery, cyber defamation, and even cyber stalking.

However, the interest also has its own disadvantages and one of these is cybercrime. Ordinarily, cybercrime is defined as any illegal and criminal activity committed on the internet. These include unlawful acts where information technology is used either a tool or target, or both, in the commission of such unlawful acts. Any criminal activity that employs a computer either as an instrumentality, target or means for the commission of other, illegal acts also goes within the range of cybercrime.

Internet use in the Philippines has grown rapidly in the past decade. It has given rise to countless opportunities to a lot Filipinos in every field imaginable. It has served as venue for growth and development in business, trade, engineering, arts and sciences and has sped up the exchange of information about practically all aspects of life. It has since been an integral part of our daily lives.

There is a pressing need to address this matter through legislation so that once and for all, cybercrime will no longer plague the society.

The Cybercrime Investigation and Coordinating Center is likewise created, which is tasked, among others, to prepare and implement appropriate and effective measures to prevent and suppress cybercrime activities.

Furthermore, there is hereby created a Department of Justice Office of Cybercrime mandated to facilitate or directly carry out the provisions of technical advice, preservation of data, collection of evidence, give legal information and locate suspects and all other cybercrime matters related to investigation and reporting issues. It shall investigate and prosecute the punishable acts defined herein.

Under this bill, the Regional Trial Court shall have jurisdiction over any violation committed by a Filipino national regardless of the place of commission. Likewise, the Government of the Philippines shall cooperate with, and render assistance to other nations for purposes of detection, investigation, and prosecution of offenses referred to in this proposed Act and in the collection of evidence in electronic form in relation thereto.

This legislative measure enumerates offenses against the confidentiality, integrity and availability of computer data and system, computer-related offenses, and content-related offenses. It provides penalties against individuals violating this proposed law, and enforces corporate liability.

Nowadays, methods of digital attacks, identity theft, and hacking, to mention a few, beleaguer the information technology system.’ Computers nowadays are used to commit crimes where confidential information is lost or intercepted, or where one’s privacy is violated.

It is however unfortunate that technology is sometimes used to the detriment of the public.

High technology has proven to be a useful tool in the world today. Almost every transaction necessitates the use of computer and other related electronic devices. It makes business operations, deals in the government, commercial establishments, academic institutions and other public organization or office much easier and less complicated.

This bill seeks to define cybercrimes, set parameters for its prevention and investigation, and impose penalties for its violation.

There is a pressing need for the establishment of a legal framework to protect business firms and individuals from illegal and unauthorized access to computer systems, Thus, early passage of this bill is earnestly sought.

This bill defines the cybercrime, enumerates illegal acts and provides for penalties in violation thereof. It also provides for the creation of a Cybercrime Investigation and Coordination Center to formulate and implement a national cyber security plan. It also provides a scheme for international cooperation.

The State shall adopt sufficient powers to effectively prevent and combat cybercrime by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation, A cybercrime law is expected to attract foreign investors into the country, It will increase the country’s reputation as a trading partner for information and communication industries, such as the constantly-rising business process outsourcing, As the department of Justice Secretary puts it, “a cybercrime law will ensure that investments from sunrise industries such as BPO are protected and that swift action can be made against cybercriminals attacking this sector.” Institutionalization of a cybercrime law will also conform the country to international standards.

The Philippines has seen the rise of information and communications industries, such as content production, telecommunications, broadcasting, electronic commerce, and data processing, over the years, The industry’s role on the nation’s overall social and economic development can never be disregarded, Thus, it must be imperative for the State to provide an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology to attain free, easy, and intelligible access to exchange and/or delivery of information, Also, there is a need to protect the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable such conducts under the law.

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the Importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

SEC. 2. Declaration of Policy – The State recognizes the vital role of information and content industries, such as telecommunications, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and database, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

SECTION 2. Declaration of policy. – The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

SECTION 2. Declaration of policy. The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard. the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

e) Computer Data – refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages;

d) Computer system – means any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data. It covers any type of computer device including devices with data processing capabilities like mobile phones and also computer networks. The device consisting of hardware and software may include input, output and storage facilities which may stand alone or be connected in a network or other similar devices. It also includes computer-data storage devices or medium.

b) Alteration – refers to the modification or change, in form or substance, of an existing computer data or program;

a) Access – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network;

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:

e) Computer data – refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents electronic data messages;

d) Computer system – means any device or a group or interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data. It covers any type of computer device including devices with data processing capabilities like mobile phones and also computer networks. The device consisting of hardware and software may include input, output and storage facilities which may stand alone or be connected in a network or other similar devices. It also includes computer-data storage devices or medium.

b) Alteration – refers to the modification or change, in form or substance, of an existing computer data or program;

a) Access – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system;

SEC. 3. Definition of Terms – For purposes of this Act, the following terms are hereby defined as follows:

e) Computer data – refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages;

d) Computer system – refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data. It covers any type of computer device including devices with data processing capabilities like mobile phones and also computer networks consisting of hardware and software may include input, output and storage facilities which may stand alone or be connected in a network or other similar devices. It also includes computer-data storage devices or medium;

b) Alteration – refers to the modification or change, in form or substance, of an existing computer data or program;

a) Access – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network;

SECTION 3. Definition of terms. – For purposes of this Act, the following terms are hereby defined as follows:

e. Computer Data – refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages;

d. Computer system – means any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data. It covers any type of computer device including devices with data processing capabilities like mobile phones and also computer networks. The device consisting of hardware and software may include input, output and storage facilities which may stand alone or be connected in a network or other similar devices. It also includes computer-data storage devices or medium.

b. Alteration – refers to the modification or change, in form or substance, of an existing computer data or program;

a. Acces s – refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network;

SECTION 3. Definition of Terms. For purposes of this Act, the following terms are hereby defined as follows:

l) Traffic Data or Non-Content Data – refers to any computer data other than the content of the communication, including but not limited to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

1. The type of communication service used, the technical provisions taken thereto and the period of service; 11. The subscriber’s identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; 111. Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

k) Subscriber’s Information – refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established;

ii.any other entity that processes or stores computer data on behalf of such communication service or users of such service;

i. any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and

i) Interception – refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring;

h) Database – refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system;

g) Without Right – refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law;

i. The type of communication service used, the technical provisions taken thereto and the period of service; ii. The subscriber’s identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; iii. Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

k) Subscriber’s Information – refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established;

j) Service Provider – refers to the provider of: I. any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and ii. any other entity that processes or stores computer data on behalf of such communication service or users of such service;

i) Interception – refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of’ a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring;

h) Database – refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared,processed or stored in a formalized manner and which are intended for us in a computer system;

g) Without Right – refers to either: (I) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law;

l) Traffic data or non-content data – refers to any computer data other than the content of the communication including but not limited to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

i. The type of communication service used, the technical provisions taken and the period:of service; ii. The subscriber’s identity, postal or geographic address, telephone and other access number; any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; . iii. Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

k) Subscriber’s information – refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscriber’s of its services other than traffic or content data and by which can be established:

ii. Any other entity that processes or stores computer data on behalf of such communication service or users of such service;

i. Any public or private entity that provides to users of its service the ability to communicate by means of a computer system, or

i) Interception – refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring;

h) Database – refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system;

g) Without right – refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders justifications, or relevant principles under the law.

g.Without Right – refers to. either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law;

h. Database – refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system;

i. Interception – refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic. eavesdropping or tapping devices, at the same time that the communication is occurring;

j. Service Provider – refers to:

i. any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and

ii. any other entity that processes or stores computer data on behalf of such communication service or users of such service;

k. Subscriber’s Information – refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which can be established;

1. The type of communication service used, the technical provisions taken thereto and the period of service;

ii. The subscriber’s identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement;

iii. Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

l. Traffic Data or Non-Content Data – refers to any computer data other than the content of the communication, including but not limited to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

Continuation of comparison of 4 bills

Punishable Acts

Senator Angara

CHAPTER II – PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act: Offenses against the confidentiality, integrity and availability of computer data and systems: I. Illegal Access – The intentional access to the whole or any part of a computer system without right. 2. Illegal Interception – The intentional 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: Provided, however, That it shall not be unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the transmission of communications, to intercept, disc lose, or use that communication in the normal course of his employment while engaged in any activity that is necessary to the rendition of his service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring except for mechanical or service control quality checks; 3. Data interference – the intentional or reckless alteration of computer data without right. 4. System Interference – the intentional or reckless hindering without right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program.

Senate President Enrile

CHAPTER II – PUNISHABLE ACTS Sec. 4. Cybercrime Offenses. – The following acts constitute the offense of cybercrime punishable under this Act: a. Offenses against the confidentiality, integrity and availability of computer data and systems: i. Illegal Access – The intentional access to the whole or any part of a computer system without right. ii. Illegal Interception – The intentional 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: Provided, however, That it shall not be unlawful for an officer, employee, or agent or a service provider, whose facilities are used in the transmission of communications, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity that is necessary to the rendition of his service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring except for mechanical or service control quality checks; iii. Data interference – the intentional or reckless alteration of computer data without right. iv. System Interference – the intentional or reckless hindering without right of the functioning of a computer system by inputting, transmitting, deleting, altering or suppressing computer data or program.

Senator Bongbong Marcos

CHAPTER II – PUNISHABLE ACTS SECTION 4. Cybercrlme offenses.– The following acts constitute the offense of cybercrime punishable under this Act: A. Offenses against the confidentiality, integrity and availability of computer data and systems: 1. Illegal access – the intentional access to the whole or any part of a computer system without right. 2. Illegal interception – the intentional 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 form a computer system carrying such computer data: provided, however, that it shall not be unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the transmission of communications, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity that is necessary to the rendition of his service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring except for mechanical or service control quality checks; . 3. Data interference – the intentional or reckless alteration of computer data without right. 4. System interference – the intentional or reckless hindering without right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program.

Senator Bong Revilla

CHAPTER II – PUNISHABLE ACTS SECTION 4. Cybercrime Offenses.— The following acts constitute the offense of cybercrime punishable under this Act: A. Offenses against the confidentiality, integrity and availability of computer data and systems: 1. Illegal Access – The intentional access to the whole or any part of a computer system without right. 2. lllegal Interception – The intentional 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: Provided, however, That it shall not be unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the transmission of communications, to intercept, disclose, or use (hat communication in the normal course of his employment while engaged in any activity that is necessary to the rendition of his service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring except for mechanical or service control quality checks; 3. Data interference – the intentional or reckless alteration of computer data without right. 4. System Interference – the intentional or reckless hindering without right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program.

Continuation of Punishable Acts

Senator Angara

5. Misuse of Devices– a. The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: i. .a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or ii. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; b. The possession of an item referred to in paragraphs 5(a)(i) or (ii) above with intent to use said devices for the purpose of committing any of the offenses under this Section. Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, or otherwise making available, or possession of computer devices/data referred to is for the authorized testing of a computer system.

Senate President Enrile

v. Misuse of Devices– a) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: i. a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or ii. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; b) The possession of an item referred to in paragraphs 5(a) (i) or (ii) above with intent to use said devices for the purpose of committing any of the offense under this Section. Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, or otherwise making available, or possession of computer ‘devices/data referred to is for the authorized testing of a computer system.

Senator Bongbong Marcos

5. Misuse of devices– a. The use, production, sale,. procurement, importation, distribution, or otherwise making available, without right, of: i. device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or ii. a computer password, access code, or similar data by which the whole’ or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; b. The possession of an item referred to in paragraphs 5 (a)(i) or (ii) above with intent to use said devices for the purpose of committing any of the offenses under this Section; provided, that no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, or otherwise making available, or possession of computer devices/data referred to is for the testing of a computer system.

Senator Bong Revilla

5. Misuse of Devices– a. The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: i. device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or ii. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of cOimnitting any of the offenses under this Act; b. a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of cOimnitting any of the offenses under this Act;. Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, or otherwise making available, or possession of computer devices/data referred to is for the authorized testing of a computer system.

B. Computer Related Offenses

Senator Angara

B. Computer-related Offenses: 1. Computer-related Forgery – (a) the intentional input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2. Computer-related Fraud – the intentional and unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby, with the intent of procuring an economic benefit for oneself or for another person or for the perpetuation of a fraudulent or dishonest activity; Provided, that if no damage has yet been caused, the penalty imposable shall be one degree lower.

Senate President Enrile

b. Computer-related Offenses: i. Computer-related Forgery – (a) the intentional input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. ii. Computer-related Fraud – the intentional and unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby, with the intent of procuring an economic benefit for oneself or for another person or for the perpetuation of a fraudulent or dishonest activity; Provided, that if no damage has yet been caused, the penalty imposable shall be one degree lower.

Senator Bongbong Marcos

B. Computer-related offenses: 1. Computer-related forgery – (a) the international input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined, for the purpose of perpetuating a fraudulent or dishonest design. 2. Computer-related fraud – the intentional and unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby, with the intent of procuring an economic benefit for oneself or for another person or for the perpetuation of a fraudulent or dishonest activity; provided, that if no damage has yet been caused, the penalty imposable shall be one degree lower.

Senator Bong Revilla

B. Computer-related Offenses: 1. Computer-related Forgery – (a) the intentional input, alteration, or deletion of all computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2. Computer-related Fraud – the intentional and unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby, with the intent of procuring an economic benefit for oneself or for another person or for the perpetuation of a fraudulent or dishonest activity; Provided, that if no damage has yet been caused, the penalty imposable shall be one degree lower.

C. Content-related Offenses

Senator Angara

C. Content-related Offenses: 1. Cybersex – any person who establishes, maintains or controls, directly or indirectly, any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. 2. Child Pornography– any person who willfully engages in the following acts; a. Producing child pornography through a computer system; b. Offering or making available child pornography through a computer system; c. Distributing or transmitting child pornography through a computer system; d. Procuring child pornography through a computer system for oneself or for another person; or e. Possessing child pornography materials in the computer system or on a computer data storage medium. For purposes of this Section, the term, “child pornography” shall include pornographic material that visually depicts: (a) a minor engaged in sexually explicit conduct; (b) a person appearing to be a minor engaged in sexually explicit conduct; (c) realistic images representing a minor engaged in sexually explicit conduct. 3. Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

Senate President Enrile

c. Content-related Offenses: i. Cybersex – any person who establishes, maintains or controls, directly or indirectly, any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. ii. Child Pornography – any person who engages in the following acts: a) Producing child pornography for the purpose of distribution through a computer system’ b) Offering or making available child pornography through a computer system; c) Distribution or transmitting child pornography through a computer system; d) Procuring child pornography through a computer system for oneself or for another person; or e) Possessing child pornography materials in the computer system or on a computer data storage medium. For purposes of this Section, the term “child pornography” shall include pornographic material that visually depicts: (a) a minor engaged in sexually explicit conduct; (b) a person appearing to be a minor engaged in sexually explicit conduct; (c) realistic images representing a minor engaged in sexually explicit conduct. iii. Unsolicited Commercial Communications. – The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: a) There is a prior affirmative consent from the recipient; or b) The following conditions are present: i.)The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out) from the same source; ii.)The commercial electronic communication does not purposely disguise the source of the electronic message; and iii.)The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

Senator Bongbong Marcos

C. Content-related offenses: 1. Cybersex – any person who establishes, maintains or controls, directly or indirectly, any operation for sexual activity or arousal with the aid of or through the use of computer system, for a favor or consideration. 2. Child pornography– any person who willfully engages in the following acts: a. Producing child pornography through computer system; b. Offering or making available child pornography through a computer system; c. Distributing or transmitting child pornography through a computer system; d. Procuring child pornography through a computer system for oneself or for another person; or e. Possessing child pornography materials in the computer system or on a computer data storage medium. For purposes of this Section, the term “child pornography” shall include pornographic material that visually depicts: (a) a minor engaged in sexually explicit conduct; (b) a person appearing to be a minor engaged in sexually explicit conduct; © realistic images representing a minor engaged in sexually explicit conduct. 3. Unsolicited Commercial Communications. – The transmission of commercial electronic communication with the use of computer system which seeks to advertise, sell, or offer for sale products and services are prohibited unless: a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way’ for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

Senator Bong Revilla

C. Content-related Offenses: 1. Cybersex – any person who establishes, maintains or controls, directly or indirectly any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. 2. Child Pornography – any person who willfully engages in the following acts: a. Producing child pornography through a computer system; b. Offering or making, available child pornography through a computer system; c. Distributing or transmitting child pornography through a computer system; d. Procuring child pornography through a computer system for oneself or for another person; or e. Possessing child pornography materials in the computer system or on a computer data storage medium. For purposes of this Section, the term “child pornography” shall include pornographic material .that visually depicts: (a) a minor engaged in sexually explicit conduct; (b) a person appearing to be a minor engaged in sexually explicit conduct; (c) realistic images representing a minor engaged in sexually explicit conduct. 3. Unsolicited Commercial Communications. The transmission o[ commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

Section 5: Other Offenses

Senator Angara

SEC. 5. Other Offenses. — The following acts shall also constitute an offense: 1. Aiding or Abetting in the Commission of Cybercrime. — Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime – Any person who willfully attempts to commit any of offenses enumerated in this Act shall be held liable.

Senate President Enrile

SEC. 5. Other Offenses.- The following acts shall also constitute an offense: a. Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. b. Attempt in the Commission of Cybercrime – Any person who willfully attempts to commit any of offenses enumerated in this Act shall be held liable.

Senator Bongbong Marcos

SECTION 5. Other offenses.– The following acts shall also constitute an offense: 1. Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime – Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be liable.

Senator Bong Revilla

SECTION 5. Other Offenses. The following acts shall also constitute an offense:

1. Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable,

2. Attempt in the Commission of Cybercrime – Any person who willfully attempts to commit any of offenses enumerated in this Act shall be held liable.

Section 6: Liability under the Law

Senator Angara

SEC. 6. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended or special laws.

Senate President Enrile

SEC. 6 Liability under Other Laws. – A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended or special laws.

Senator Bongbong Marcos

SECTION 6. Liability under other laws. – A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended or special laws.

Senator Bong Revilla

SECTION 6. Liability under other Laws. A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended or special laws.

CHAPTER III – Penalties

Senator Angara

CHAPTER III – PENALTIES SEC. 7. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4A and 4B of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,OOO,OO) up to a maximum amount commensurate to the damage incurred or both. Any person found guilty of any of the punishable acts enumerated in Section 4C( I) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,000.00) but not exceeding One Million Pesos (PhPl,OOO,OOO.OO) or both. Any person found guilty of any of the punishable acts enumerated in Section 4C(2) of this Act shall be punished with imprisonment of prision correctional or a fine of at least One Hundred Thousand Pesos (PhP I 00,000.00) but not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4C(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty Thousand Pesos (PhP50,000.00) but not exceeding Two Hundred Fifty Thousand Pesos (PhP250,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one degree lower than that of the prescribed penalty for the offense or a fine of at least One Hundred Thousand Pesos (PhP100,000.00) but not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. SEC. 8. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within in, based on (a) a power of representation of the juridical person, (b) an authority to take decisions on behalf of the juridical person, or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten Million Pesos (PhP10,000,000.00). If the commission of any of the punishable acts herein defined was made possible due (t0 the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five Million Pesos (PhP5,000,000.00). The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

Senate President Enrile

CHAPTER III – PENAL TIES SEC. 7. Penalties. – Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(i) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,OOO.OO) but not exceeding One Million Pesos (PhP1000,000,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4(c) (ii) of this Act shall be punished with imprisonment of prision correcional or a fine of at least One Hundred Thousand Pesos (PhP100,000.00) but not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4(c) (iii) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty Thousand Pesos (PhP50,000.00) but not exceeding Two Hundred Fifty Thousand Pesos (PhP250,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one degree lower than that of the prescribed penalty for the offense or a fine of at least One Hundred Thousand Pesos (PhP100,000.00) but not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. SEC 8. Corporate Liability – When any of the punishable acts herein defined is knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within in, based on (a) a power of representation of the juridical person, (b) an authority to take decisions on behalf of the juridical person, or ( c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten Million Pesos (PhP10,000,000.00). When the commission of any of the punishable acts herein defined was made possible due to lack of supervision or control by a natural. person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five Million Pesos (PhP5,000,000.00). The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

Senator Bongbong Marcos

CHAPTER III – PENALTIES SEC. 7. Penalties. – Any person found guilty of any of the punishable acts enumerated in Sections 4A and 4B of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. Any person found guilty of any of the punishable acts enumerated in Section 4C(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,000.00) but not exceeding One Million Pesos (PhP1,000,000.00) or both. Any person found guilty of any ?f the punishable acts enumerated in Section 4C(2) of this Act shall be punished with imprisonment of prision correcional or a fine of at least One Hundred Thousand Pesos (PhP100,000.00) but not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4C(3) of this Act shall be punished with imprisonment of arresto mayor or a fine of at least Fifty Thousand Pesos (PhP50,000.00) but not exceeding Two Hundred Fifty Thousand Pesos (PhP250,000.00) or both. Any person found guilty of any of punishable acts enumerated in Section 5 shall be punished with imprisonment one degree lower than that of the prescribed penalty for the offense or a fine of at least One Hundred Thousand Pesos (PhP1 00,000.00) but not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. SECTION 8. Corporate liability. – When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within in, based on (a) a power of representation of the juridical person, (b) an authority to take decisions on behalf of the juridical person, or (c ) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten Million Pesos (PhP10,000,000.00). If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the’ juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five Million Pesos (PhP5,000,000.00). The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

Senator Bong Revilla

CHAPTER III – PENALTIES SECTION 7. Penalties. Any person found guilty of any of the punishable acts enumerated in Sections 4A and 4B of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200, 000,00) up to a maximum amount commensurate to the damage incurred or both, Any person found guilty of any of the punishable acts enumerated in Section 4C( I) of (his Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,000,00) but not exceeding One Million Pesos (PhP1,000,000,00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4C(2) of this Act shall be punished with imprisonment of prision correcional or a fine of at least One Hundred Thousand Pesos (PhP1000,000) but not exceeding Five Hundred Thousand Pesos (PhP500,000,00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4C (3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty Thousand Pesos (PhP50,000,00) but not exceeding Two Hundred Fifty Thousand Pesos (PhP250,000,00) or both. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one degree lower than that of the prescribed penalty for the offense or a fine of at least One Hundred Thousand Pesos (PhPl,OOO,OOO,OO) but not exceeding Five Hundred Thousand Pesos (PhP500,000,00) or both. SECTION 8. Corporate Liability. When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within in, based on (a) a power of representation of the juridical person, (b) an authority to take decisions on behalf of the juridical person, or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten Million Pesos (PhP 10,000,000). If the commission of any of the punishable acts herein defined was made possible due (to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five Million Pesos (Php5, 000,000,00). The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

CHAPTER IV – ENFORCEMENT AND IMPLEMENTATION

Senator Angara

SEC. 9. Real-time Collection of Computer Data. — Law enforcement authorities, with due cause, and upon securing a court warrant, shall be authorized to collect or record by technical or electronic means, and service providers are required to collect or record by technical or electronic means, and/or to cooperate and assist law enforcement authorities in the collection or recording of, traffic data, in real-time, associated with specified communications transmitted by means of a computer system. SEC. 10. Preservation of Computer Data. — The integrity of traffic data and subscriber infom1ation relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the data of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a one-time extension for another six (6) months provided that once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case. The service provider ordered to preserve computer data shall keep confidential the order and its compliance. SEC. 11. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or 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 the disclosure is necessary and relevant for the purpose of investigation. SEC. 14. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

Senate President Enrile

CHAPTER IV – ENFORCEMENT AND IMPLEMENTATION SEC. 9. Expedited Preservation of Stored Computer Data. – Law enforcement authorities may issue a preservation order to a service provider to preserve specified computer data that has been stored by means of a computer system in relation to a valid complaint and/or pending investigation. SEC. 10. Preservation of Computer Data. – The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a one-time extension for another six (6) months provided that once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until termination of the case. The service provider ordered to preserve computer data shall keep confidential the order and its compliance. SEC. 11. Real-time Collection of Traffic Data. – Law enforcement authorities shall be authorized to collect or record by technical or electronic means, and/or to require cooperation from a service provider in the collection or recording of, traffic data, in real-time, associated with specified communications transmitted by means of a computer system by issuing a collection order. SEC. 12. Interception of Content Data. – Law enforcement authorities shall be authorized to collect or record content data upon securing a court order. SEC. 13. Disclosure of Computer Data. – Law enforcement authorities shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or 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 the disclosure is necessary and relevant for the purpose of investigation. Law enforcement authorities shall submit regular reports to the Department of Justice (DOJ) for monitoring.

Senator Bongbong Marcos

CHAPTER IV – PROCEDURE SECTION 9. Expedited preservation of stored computer data. – Law enforcement authorities may issue a preservation order to a service provider to preserve specified computer data that has been stored by means of a computer system in relation to a valid complaint and/or pending investigation. SEC. 10. Preservation of computer data. – The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a one-time extension for another six (6) months provided that once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Department of Justice shall be deemed a notification to preserve the computer data until the termination of the case. The service provider ordered to preserve computer data shall keep confidential the order and its compliance. SECTION 11. Real-time collection of traffic data. – Law enforcement authorities shall be authorized to collect or record by technical or electronic means, and/or to require cooperation from a service provider in the collection or recording of, traffic data, in real-time, associated’ with specified communications transmitted by means of a computer system by issuing a collection order. SECTION 12 Interception of content data. – Law enforcement authorities shall be authorized to collect or record content data upon securing a court order. SECTION 13. Disclosure of subscriber’s information, traffic data or relevant data. – Law enforcement authorities may issue a disclosure order requiring a service provider to disclose or submit subscriber’s information, traffic data or relevant data in its possession or control within seventy two (72) hours from receipt of the order in relation to a valid complaint and/or pending investigation.

Senator Bong Revilla

CHAPTER IV – ENFORCEMENT AND IMPLEMENTATION SECTION 9. Real-time Collection of Computer Data. Law enforcement authorities, with due cause, and upon securing a court warrant, shall be authorized to collect or record by technical or electronic means, and service providers are required to collect or record by technical or electronic means, and/or to cooperate and assist law enforcement authorities in the collection or recording of, traffic data, in real-time, associated with specified communications transmitted by means of a computer system. SECTION 10. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction; Content data shall be similarly preserved for six (6) months from the data of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a onetime extension for another six (6) months provided that once computer data preserved, transmitted or stored by a service provider:’ is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case. The service provider ordered to preserve computer data shall keep confidential the order and its compliance. SECTION 11. Disclosure of Computer Data. Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or 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 the disclosure is necessary and relevant for the purpose of investigation.

Cont. – CHAPTER IV – ENFORCEMENT AND IMPLEMENTATION

Senator Angara

SEC. 12. Search, Seizure, and Examination of Computer Data.– Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties: Within the time period specified in the warrant, to conduct interception, as defined in this Act, content 0f communications, procure the content of data either directly, through access and use of computer system, or indirectly, through the use of electronic eavesdropping or tapping devices, in real time or at the same time that the communication is occurring and to: a. To secure a computer system or a computer data storage medium; b. To make and retain a copy of those computer data secured; c. To maintain the integrity of the relevant stored computer data; d. To conduct examination of the computer data storage medium; and e. To render inaccessible or remove those computer data in the accessed computer or computer and communications network. Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court. SEC. 13. Non-compliance. – Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of P.D. No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One Hundred Thousand Pesos (Php100,000.00) or both, for each and every non-compliance with an order issued by law enforcement authorities.

Senate President Enrile

SEC. 14. Search, Seizure, and Examination of Computer Data.– Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties: Within the time period specified in the warrant, to conduct interception, as defined in this Act, content of communications, procure the content of data either directly, through access and use of computer system, or indirectly, through the use of electronic eavesdropping or tapping devices, in real time or at the same time that the communication is occurring and to: a. To secure a computer system or a computer data storage medium; b. To make and retain a copy of those computer data secured; c. To maintain the integrity of the relevant stored computer data; d. To conduct examination of the computer data storage medium; and e. To render inaccessible or remove those computer data in the accessed computer or computer and communication network. Pursuant thereof, the law enforcement authorities may order any person who has knowledge of the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from the date of approval by the court. SEC. 15. Non-compliance. – Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of P.D. No. 1829 with imprisonment of prision correcional in its maximum period or a fine of One Hundred Thousand Pesos (PhP100,000.00) or both, for each and every non-compliance with an order issued by law enforcement authorities.

Senator Bongbong Marcos

SECTION 14. Search, seizure, and examination of computer data.-Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties: Within the time period specified in the warrant, to conduct interception, as defined in this Act, content of communications, procure the content data either directly, through access and use of computer system, or indirectly, through the use of electronic eavesdropping or tapping devices, in real time or at the same time that the communication is occurring and to: a. secure a computer system or a computer data storage medium; b. make and retain a copy of those computer data secured; c. maintain the integrity of the relevant stored computer data; d. conduct examination of the computer data storage medium; and e. render inaccessible or remove those computer data in the accessed computer or computer and communications network. Accordingly, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court. SECTION 15. Non-compliance. – Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of P. D. No. 1829 with imprisonment of prision correcional in its maximum period or a fine of One Hundred Thousand Pesos (PhP100,000.00) or both, for each and every non-compliance with an order issued by law enforcement authorities.

Senator Bong Revilla

SECTION 12. Search, Seizure, and, Examination of Computer Data.Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties: Within the time period specified in the warrant, to conduct interception, as defined in this Act, content of communications, procure the content of data either directly, through access and use of computer system, or indirectly, through the use of electronic eavesdropping or tapping devices, in real time or at the same time that the communication is occurring and to a. To secure a computer system or a computer data storage medium; b. To make and retain a copy of those computer data secured; c. To maintain the integrity of the relevant stored computer data; d. To conduct examination of the computer data storage medium; and e. To render inaccessible or remove those computer data in the accessed computer or computer and communications network. Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination. Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court. SECTION 13. Non-compliance. Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of P.D.No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One Hundred Thousand Pesos (Php1,000,000.00) or both, for each and every non-compliance with an order issued by law enforcement authorities. SECTION 14. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post- operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

CHAPTER V – Jurisdiction

Senator Angara

CHAPTER V – JURISDICTION SEC.15. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

Senate President Enrile

CHAPTER V -JURISDICTION SEC. 16. Jurisdiction – The ,Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

Senator Bongbong Marcos

CHAPTER V – JURISDICTION SECTION 16. Jurisdiction.– The Regional Trial Court shall have jurisdiction over any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

Senator Bong Revilla

CHAPTER V – JURISDICTION SECTION 15. Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

CHAPTER VI – International Cooperation

Senator Angara

CHAPTER VI – INTERNATIONAL COOPERATION SEC. 16. General principles relating to international cooperation. — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect. SEC. 17. Applicability of the Convention on Cybercrime. — The provisions of Chapter III of the Convention on Cybercrime shall be directly applicable in the implementation of this Act as it relates to international cooperation taking into account the procedural laws obtaining in the jurisdiction.

Senate President Enrile

CHAPTER VI – INTERNATIONAL COOPERATION SEC. 17. General principle relating to international cooperation. – All relevant international instruments on international cooperation in criminal matters, arrangement agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purpose of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect. SEC. 18. Applicability of the Convention on Cybercrime. – The provisions of Chapter III of the Convention on Cybercrime shall be directly applicable in the implementation of this Act as it relates to international cooperation taking into account the procedural laws obtaining in the jurisdiction. SEC. 19. Mutual Assistance and Cooperation.– The Government of the Philippines shall cooperate with, and render assistance to other nations for purposes of detection, investigation, and prosecution of offenses referred to in this Act and in the collection of evidence in electronic form in relation thereto. The principles contained in Presidential Decree No. 1069, otherwise known as the Philippine Extradition Law and other pertinent laws shall apply. In this regard, the Government of the Philippines shall: a) Provide assistance to a requesting nation in the real-time collection of traffic data associated with specified communications in the Philippine territory transmitted by means of a computer system, with respect to criminal offenses defined in this law for which real-time collection of traffic data would be available; b) Provide assistance to a requesting nation in the real-time collection, recording or interception of content data of specified communications transmitted by means of a computer system; c) Allow another state, without its authorization to: i. access publicly available stored computer data, located in the territory, or elsewhere; or ii. access or receive, through a computer system located in the territory, stored computer data located in another country, if the nation obtains the lawful and voluntary consent of the person who has the lawful authority to disclose the data to the nation through that computer system; d) Entertain a request of another nation for it to order or obtain the expeditious preservation of data stored by means of a computer system, located within the territory, relative to which the requesting nation intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data. i. A request for preservation of data under this Section shall specify: a. the authority seeking the preservation; b. the offense that is the subject of a criminal investigation or proceedings and a brief summary of the related facts; c. the stored computer data to be preserved and its relationship to the offense; d. the necessity of the preservation; and e. that the requesting nation intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data. ii. Upon receiving the request from another nation, the Government of the Philippines shall take all appropriate measures to preserve expeditiously the specified data in accordance with this law and other pertinent laws. For the purposes of responding to a request, dual criminality shall not be required as a condition to providing such preservation. iii. A request for preservation may only be refused if: a. the request concerns an offense which the Government of the Philippines considers as a political offense or an offense connected with a political offense; or b. the Government of the Philippines considers the execution of the request will prejudice its sovereignty, security, public order or other national interest. iv. Where the Government of the Philippines believes that preservation will not ensure the future availability of the data, or will threaten the confidentiality of, or otherwise prejudice the requesting nation’s investigation, it shall promptly so inform the requesting nation. The requesting nation will determine whether its request should be executed v. Any preservation effected in response to the request referred to in Section 19, paragraph (a) shall be for a period not less than sixty days, in order to enable the requesting nation to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt of such a request the data shall continue to be preserved pending a decision on that request. e) Accommodate request from another nation to search, access, seize, secure, or disclose data stored by means of a computer system located within Philippine territory, including data that has been preserved under the previous subsection. The Government of the Philippines shall respond to the request through the proper application of international instruments, arrangements and laws. a. The request shall be responded to on an expedited basis where: i. there are grounds to believe that relevant data is particularly vulnerable to loss or modification; or ii. the instruments, arrangements and laws referred to in number 2 of this Section otherwise provide for expedited co-operation. b. The requesting nation must maintain the confidentiality of the fact or the subject of request for assistance and cooperation. It may only use the request information subject to the conditions specified in the grant. SEC. 20. Cooperation Based on Reciprocity. – In the absence of a treaty or agreement, mutual assistance and cooperation under Chapter VI, Section 19 of this Act shall be based on the principle of reciprocity. SEC. 21. Spontaneous Information. – Information obtained within the framework of investigation and enforcement may be forwarded to another nation without prior request when the disclosure of such information might assist in initiating or carrying out investigations or proceedings concerning criminal offenses punishable in the Convention on Cybercrime or might lead to a request for cooperation.

Senator Bongbong Marcos

CHAPTER VI-INTERNATIONAL COOPERATION SECTION 17. Mutual Assistance and Cooperation.– The Government of the Philippines shall cooperate with, and render assistance to other nations for purposes of detection, investigation, and prosecution of offenses referred to in this Act and in the collection of evidence in electronic form in relation thereto. The principles contained in Presidential Decree No. 1069, otherwise known as the Philippine Extradition Law and other pertinent laws shall apply. In this regard, the Government of the Philippines shall: 1. Provide assistance to a requesting nation in the real-time collection of traffic data associated with specified communications in the Philippine territory transmitted by means of a computer system, with respect to criminal offenses defined in this law for which real-time collection of traffic data would be available; 2. Provide assistance to a requesting nation in the real-time collection, recording or interception of content data of specified communications transmitted by means of a computer system; 3. Allow another state, without its authorization to: a. access publicly available stored computer data, located in the territory, or elsewhere; or b. access or receive, through a computer system located in the territory, stored computer data located in another country, if the nation obtains the lawful and voluntary consent of the person who has the lawful authority to disclose the data to the nation through that computer system; 4. Entertain a request of another nation for it to order or obtain the expeditious preservation of data stored by means of a computer system, located within the territory, relative to which the requesting nation intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data. a. A request for preservation of data under this Section shall specify: i. the authority seeking the preservation; ii. the offense that is the subject of a criminal investigation or proceedings and a brief summary of the related facts; iii. the stored computer data to be preserved and its relationship to the offense; iv. the necessity of the preservation; and v. that the requesting nation intends to submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data. b. Upon receiving the request from another nation, the Government of the Philippines shall take all appropriate measures to preserve expeditiously the specified data in accordance with this law and other pertinent laws. For the purposes of responding to a request, dual criminality shall not be required as a condition to providing such preservation. c. A request for preservation may only be refused if: i. the request concerns an offense which the Government of the Philippines considers as a political offense or an offense connected with a political offense; or ii. the Government of the Philippines considers the execution of the request will prejudice its sovereignty, security, public order or other national interest. d. Where the Government of the Philippines believes that preservation will not ensure the future availability of the data, or will threaten the confidentiality of, or otherwise prejudice the requesting nation’s investigation, it shall promptly so inform the requesting nation. The requesting nation will determine whether its request should be executed. e. Any preservation effected in response to the request referred to in paragraph 1 shall be for a period not less than sixty days, in order to enable the requesting nation to submit a request for the search or similar access, seizure or similar securing, or disclosure of the data. Following the receipt bf such a request the data shall continue to be preserved pending a decision on that request. 5. Accommodate request from another nation to search, access, seize, secure, or disclose data stored by means of a computer system located within Philippine territory, including data that has been preserved under the previous subsection. The Government of the Philippines shall respond to the request through the proper application of international instruments, arrangements and laws. a. The request shall be responded to on an expedited basis where: i. there are grounds to believe that relevant data is particularly vulnerable to loss or modification; or ii. the instruments, arrangements and laws referred to in number 2 of this Section otherwise provide for expedited co-operation, b. The requesting nation must maintain the confidentiality of the fact or the subject of request for assistance and cooperation. It may only use the request information subject to the conditions specified in the grant SECTION 18. General principles relating to international cooperation. – All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect. SECTION 19. Applicability of the Convention on Cybercrime. – The provisions of Chapter III of the Convention on Cybercrime shall be directly applicable in the implementation of this Act as it relates to international cooperation taking into account the procedural laws obtaining in the jurisdiction. SECTION 20. Cooperation based on reciprocity. – In the absence of a treaty or agreement, mutual assistance and cooperation under the preceding sections in this Chapter shall be based on the principle of reciprocity. SECTION 21. Spontaneous information. – Information obtained within the framework of investigation and enforcement may be forwarded to another nation without prior request when the disclosure of such information might assist in initiating or carrying out investigations or proceedings concerning criminal offenses punishable in the Convention or might lead to a request for cooperation.

Senator Bong Revilla

CHAPTER VI – INTERNATIONAL COOPERATION SECTION 16. General principles relating to international cooperation. – All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purpose of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect. SECTION 17. Applicability of the Convention on Cybercrime. – The provisions of Chapter III of the Convention on Cybercrime shall be directly applicable in the implementation of this Act as it relates to international cooperation taking into account the procedural laws obtaining in the jurisdiction.

CHAPTER VII – Competent Authorities

Senator Angara

SEC. 18. Department of Justice. – The Department of Justice (DOJ) shall be responsible for extending immediate assistance for the purpose of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of electronic evidence of a criminal offense and to otherwise ensure that the provisions of this law are complied. In this regard, there is hereby created a DOJ Office of Cybercrime for facilitating or directly carrying out the provisions of technical advice, preservation of data, collection of evidence, giving legal information and locating suspects and all other cybercrime matters related to investigation and reporting issues. SEC. 19. Commission on Information and Communications Technology. – The Commission on Information and Communications Technology (CICT) shall be responsible for formulating and implementing a national cyber security plan and extending immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT). In this regard, there is hereby created a CICT National Cyber Security Office to carry out the above responsibilities and all other matters related to cybercrime prevention and suppression, including capacity building.

Senate President Enrile

CHAPTER VII – COMPETENT AUTHORITIES SEC. 22. Department of Justice. – The Department of Justice (DOJ) shall be responsible for extending immediate assistance for the purpose 