In the Cybercrime Prevention Act of 2012, all offenses are categorized into three subgroups: cybercrime offenses, computer-related offenses and content-related offenses. Here is a quick list of the offenses that elicited much controversy, plus their corresponding punishments.
A. Cybercrime offenses
Illegal access – The access to the whole or any part of a computer system without right.
Cyber-squatting – The acquisition of a domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:
Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
Acquired without right or with intellectual property interests in it.
B. Computer-related offenses
The 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.
Computer-related identity theft – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
Penalty for A and B: Imprisonment of prision mayor or a fine of at least P200,000, up to a maximum amount commensurate to the damage incurred or both.
C. Content-related offenses
Cybersex – The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
Libel – The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
Penalty for C: imprisonment of prision mayor or a fine of at least P200,000 but not exceeding Pl million or both.
