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Author Topic: Top Ten questions by SC Justices on the Cybercrime Law  (Read 1671 times)

islander

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Top Ten questions by SC Justices on the Cybercrime Law
« on: January 21, 2013, 11:08:57 PM »
Top Ten questions by SC Justices on the Cybercrime Law

In the course of the almost five-hour questioning on Tuesday, January 15, it emerged that a number of the high court’s Justices did their homework before entering the SC chambers, as several of them were able to raise thought-provoking questions that tested the mettle of the lawyers defending the petitioners.

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islander

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #1 on: January 21, 2013, 11:17:13 PM »
Question 1:
Associate Justice Marvic Leonen



“Technology has evolved in such a way that whoever uses the computer does not need to know the source code of the program, all they have to do is open the software in a website and they can already do what they want. Can you imagine the power of somebody with a 700,000 following [on Twitter] attacking a single person who may not have a Twitter account? What I’m asking is this: Isn’t it the obligation of the State to protect private citizens against these defamatory remarks?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #2 on: January 21, 2013, 11:20:30 PM »
Question 2:
Chief Justice Maria Lourdes Sereno



“[Justice Leonen] has demonstrated that those who can be made free in terms of expression of thoughts can also be the most capable of inflicting harm. I am concerned about those who commit suicide, those who cannot wait for deleting the posts against them. Does the State not have the right to the invasion of lives of these people so that it cannot be faulted [if something happens]?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #3 on: January 21, 2013, 11:23:11 PM »
Question 3:
Associate Justice Roberto Abad



On Section 19, also known as the “takedown clause”: “Cannot the government stop a crime in progress as a legitimate exercise of police power?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #4 on: January 21, 2013, 11:27:16 PM »
Question 4:
Associate Justice Diosdado Peralta



On Section 19, which gives the Justice Department broad powers to restrict or block access to websites: “Who determines prima facie [evidence]? Can you not consider Section 19 as lawful arrest without warrant, and therefore the search incident [of computer data] is allowed?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #5 on: January 21, 2013, 11:29:20 PM »
Question 5:
Associate Justice Teresita Leonardo-De Castro



On Section 19: “What would trigger [the determination] of prima facie evidence? Does it mean that law enforcement authorities can snoop around to get them?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #6 on: January 21, 2013, 11:32:46 PM »
Question 6:
Associate Justice Antonio Carpio



“In effect, [traffic data] are also the data found in your phone bill. The only thing that is not allowed there is your name. In other words, you just have to give me your phone bill and you will just have to blacken your name and address. Isn’t that the effect of securing traffic data? What is wrong with the police asking you for your phone bill? Is that data entitled to protection under the right to privacy?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #7 on: January 21, 2013, 11:35:29 PM »
Question 7:
Associate Justice Marvic Leonen



“Amazon collects data from users. If we did a survey of people using the Internet today, would you think all of them would know that Amazon and Google are collecting personal information from them? In other words, private entities are able to get these data from the public. For private companies that could do spam and other commercial things with the data, it’s alright. So where is the balance, for law enforcement officers and for legitimate users of the Internet?

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #8 on: January 21, 2013, 11:38:20 PM »
Question 8:
Associate Justice Marvic Leonen



“How vulnerable are Filipinos from [these kinds] of Cybercrime? If we strike this [law] down, how can the State protect its citizens from such danger?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #9 on: January 21, 2013, 11:40:12 PM »
Question 9:
Associate Justice Teresita Leonardo-De Castro



On Section 12, or the clause on real-time collection of traffic data: “How can we be assured that only traffic data and not content data is collected by the government through this system?”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Top Ten questions by SC Justices on the Cybercrime Law
« Reply #10 on: January 21, 2013, 11:42:19 PM »
Question 10:
Associate Justice Roberto Abad



On Section 5, which stipulates punishment for aiding or abetting in the commission of cybercrime: “I also have a Facebook account. If I like a post and it appears on my screen, am I not also guilty as the one who published it?

http://www.interaksyon.com/

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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