Author Topic: AFTER THE FACT, words on the Cybercrime Law (Read 3949 times)

islander · « **on:** October 04, 2012, 09:23:34 AM »

after the fact, or maybe because elections are nigh?

the author

Sen Edgardo Angara
(his son is running for senator in the coming elections)

The author and sponsor of the Cybercrime Prevention Act of 2012 said he will file a bill to amend his own law.

As the law takes effect on Wednesday, October 3, Sen Edgardo Angara defended the need for the law but also admitted that it has flaws.

â€œPut this law in perspective. We are much better off with a law, a [cybercrime] law in operation rather than a cyberspace without one, otherwise, we will be operating in a large, large universe without rules â€¦. But I concede there may have been some omissions, not deliberate, because the cybercrime law is not the product of one, of a single mind.â€

â€œNot all the laws that we pass are perfect. At least in this case we are responsive,â€ Angara told reporters.

***

â€œI didnâ€™t put this particular provision,â€ Angara said. â€œIâ€™m trying to trace in the record who introduced this kind of provision.â€ (http://www.rappler.com/)

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MikeLigalig.com · « **Reply #1 on:** October 04, 2012, 09:28:16 AM »

gapareha ni sila ni Chiz Escudero, mga balimbing. they signed and approved the law and now they want to amend it. mga walay baroganan.

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islander · « **Reply #2 on:** October 04, 2012, 09:35:54 AM »

hehe, i'm now comparing the before-and-after scenarios. sickening.

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islander · « **Reply #3 on:** October 04, 2012, 09:36:24 AM »

the alleged inserter of the questionable provision

Sen. Vicente Sotto III
(Senate Majority Floor Leader)

Sotto has denied inserting the libel clause and said he only "suggested" that it be included in the legislation. (http://www.abs-cbnnews.com/nation/10/03/12/marcos-joins-other-senators-disowning-cybercrime-libel)

***

Sotto said he pushed for the inclusion of libel on Republic Act No. 10175â€™s list of computer crimes. But he denied that he did so in retaliation for the â€œcyberbullyingâ€ he received after his turno en contra in August against the reproductive health bill.

â€œThat was my proposal but there was never an insertion. It was done on the floor,â€ Sotto told the Philippine Daily Inquirer in a telephone interview.

The Senate Journal for Jan. 24 showed that Sen. Edgardo Angara, sponsor of Senate Bill No. 2796, accepted Sottoâ€™s proposal and the Senate approved libel as one of the punishable acts under the cybercrime measure. (http://technology.inquirer.net/17718/sotto-admits-he-proposed-online-libel-provision)

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islander · « **Reply #4 on:** October 04, 2012, 09:39:43 AM »

nanghunaw na si angara, as can be gleaned. nanghunaw pod si sotto in the beginning. unsaon, di man gyod malimpyo tungod kay recorded man.

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islander · « **Reply #5 on:** October 04, 2012, 09:44:37 AM »

yes vote

Sen. Chiz Escudero
(senatorial candidate in the coming elections)

Speaking of mistakes, another Senator did not seem to use his head when he voted for the passing of the Cybercrime law in Congress. Senator Francis â€œChizâ€ Escudero has reportedly admitted that â€œit was a â€œpersonal oversightâ€ that the clause including libel among the crimes punishable under the new law was inserted in the committee report when the Senate voted for its passageâ€. One has to ask, how in the world could something like an entire section of a law he voted for slip under his radar? Itâ€™s really amazing how the countryâ€™s public servants make a mockery out of the Constitution. Itâ€™s like they donâ€™t even deliberate on these things before voting.

He said the provision contradicts his position as a principal author of Senate Bill 2162, which seeks to decriminalize libel on the grounds that â€œa strong media could give great service to the Filipino people in providing an effective mechanism of complete and fearless transparency over the excesses of government in the exercise of its powers and prerogatives.â€ (http://getrealphilippines.com/)

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MikeLigalig.com · « **Reply #6 on:** October 04, 2012, 09:50:42 AM »

mao na nga si Risa Hontiveros ra akong senador nga botaran. never will i vote or support all the senators who signed and approved the cybercrime law.

guot na kaayo ang prisohan.

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islander · « **Reply #7 on:** October 04, 2012, 10:03:54 AM »

maybe i'll have a few more than your planned number, but they'll be very few, indeed.

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islander · « **Reply #8 on:** October 04, 2012, 10:05:44 AM »

yes vote

Sen. Ferdinand Marcos Jr.
(familiar parents)

"The cyber crime bill has been passed into law and that is it for now. The committee report that I signed did not contain the libel clause," Marcos said.

However, Senate records showed that on third and final reading January 30, 2012, Marcos signed Angara's version of the bill that was used in the final version approved by the bicameral committee and sent to President Benigno Aquino for signing.

***
"This is no time to make excuses nor to blame anyone for what I cannot agree to with regards the libel clause. Having said that, I would rather be accused of a lapse in supervision than not do anything to correct it," Marcos said.

***

Marcos said RA 10175's "libel clause must be amended and free speech upheld."

"I will file a bill to that effect and support all efforts made in the same direction," he added.

Marcos did not mention other controversial provisions of the law, including warrantless monitoring of users' data and takedown of websites without court review, which are now being questioned before the Supreme Court for being unconstitutional. (http://www.abs-cbnnews.com/)

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islander · « **Reply #9 on:** October 04, 2012, 10:08:39 AM »

pahuway usa ko. going somewhere (to have a look-see on those helpless kittens at the third floor to coordinate with building security and maintenance on how to save them. i've become their pest, hehe, but i'm no cybercriminal). be back in 30 minutes with more for this thread.

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islander · « **Reply #10 on:** October 04, 2012, 11:32:14 AM »

yes vote

Sen. Pia Cayetano
(sister of Sen. Allan Peter Cayetano)

For her part, Senator Pia Cayetano was forced to admit on her Twitter account that â€œâ€¦when amendment was made (to the bill), no one really noticed, not media, not netizens and sadly not meâ€¦â€ (http://getrealphilippines.com/)

***

Also saying that she will file an amendment is Sen. Pia Cayetano, who admitted that no one blocked the libel provisions when they were brought to the floor.

â€œIt was impeachment period, when Cybercrime Bill was called, I reviewed portion on child porn, which is my area of responsibility,â€ Cayetano said via her Twitter account Tuesday.

She added that she would have blocked the libel provision if she â€œhad seen seen it or if someone pointed it out.â€

â€œSadly we cannot catch every provision all the time,â€ she tweeted. (http://durianpost.wordpress.com/)

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Lollapalooza · « **Reply #11 on:** October 04, 2012, 11:37:55 AM »

hugas-kamay........... too late na...

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islander · « **Reply #12 on:** October 04, 2012, 11:44:47 AM »

the source article at http://durianpost.wordpress.com/ (uy, sa inyo man ni kay durian god) is entitled Senators play Pontius Pilate on Cybercrime Prevention Act. you got it, dabawenya. manghimasa na lang ta kay nanghunaw man sila.

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Lollapalooza · « **Reply #13 on:** October 04, 2012, 11:49:56 AM »

manghunaw na sila kay eleksyon na man next year.. saon na lang.. daghan baya mga netizens naglagot nila...

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islander · « **Reply #14 on:** October 04, 2012, 12:13:35 PM »

yes vote

Sen. Panfilo Lacson
(former fugitive; his son is running for cavite vice-governor)

â€œAs long as they donâ€™t resort to violations of law in expressing their hatred against those who voted for the passage of the cybercrime act, they should be treated as simply exercising their rights,â€ Lacson said in a separate text message. (http://technology.inquirer.net/)

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islander · « **Reply #15 on:** October 04, 2012, 12:29:16 PM »

yes vote

Sen. Gregorio "Gringo" Honasan II
(he used to 'clap his hands and coup and coup/
that is why we love him so...')

Honasan stood by his decision to support the passage of the measure.

And while he respects the opinion of others, especially those opposing the law, Honasan appealed on the public to stay calm and to listen to reason.

â€œAng aking apila ay maging mahinahon tayo dito (My appeal is for us to be calm). Letâ€™s listen to reason. Huwag na basta ayaw natin, galit tayo. Bakit? Narinig na ba natin lahat ng panig? (Letâ€™s not just say we donâ€™t want this, we are angry. Why? Have we listened to all sides?),â€ he said in a television interview.

Honasan lamented that "unadulterated hatredâ€ seemed to have prevailed and the attacks were getting personal at those who voted for the bill.

â€œLetâ€™s not allow ourselves to be used by partisan political leadersâ€¦ Letâ€™s be reasonable, letâ€™s reflect and pray for enlightenment so we can deal with this very soberly, very peacefully and very dispassionately because all of us will be affected,â€ he added. (http://technology.inquirer.net/)

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islander · « **Reply #16 on:** October 04, 2012, 01:14:05 PM »

yes vote

Sen. Jose Estrada
(familiar father and original mother;
half-brother is senatorial candidate in 2013)

Senators Francis Escudero, Gregorio Honasan II and Jinggoy Estrada have already filed bills seeking to decriminalize libel, which has stiffer penalties under the anti-cybercrime law. Taking this route, however, will eat up a lot of time, having to go through the committee hearings and debates in both houses of Congress, said Guingona. (http://www.sunstar.com.ph/)

so far, i couldn't catch any statement of his on the cybercrime law.

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islander · « **Reply #17 on:** October 04, 2012, 03:02:49 PM »

other yes votes

Sen. Aquilino Pimentel III
(we must have heard of his father and his wife)

-no statement covered by the radar-

Sen. Ralph Recto
(we must know his Batangas governor wife)

-no statement on the radar, so far-

Sen. Ramon Revilla Jr.
(we know his father but not all his 80+ siblings)

-heard or read nothing yet-

Sen. Manuel Villar Jr.
(poor kuno; wife's running for senator)

-no words, no, nothing in the cosmos-

Sen. Lito Lapid
(his wife once had too many dollars with her)

-as expected, should be nothing-

Sen. Loren Legarda
(perennial philippine election candidate;
we must have heard of her 2 ex-husbands)

-why expect; this perennial candidate is known to perennially play it safe-

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islander · « **Reply #18 on:** October 04, 2012, 03:11:19 PM »

the one and only no vote

Sen. Teofisto Guingona III
(we must have heard of his father)

...Guingona said he would continue to join the cause of groups and Internet users critical of the newly passed law and ask the SC to issue a TRO and to finally repeal some vague and oppressive provisions of the Cybercrime Act.

"Let me say this once again, the state has no right to gag its citizens and convict them for expressing their thoughts. The Philippines is a democratic country. The Filipinos should never be left to cower in the sidelines -their thoughts and voices should not be shackled by fear and intimidation. The people should not be afraid of its own government," Guingona said. (http://ph.news.yahoo.com/)

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islander · « **Reply #19 on:** October 04, 2012, 03:55:25 PM »

yes or no (where were they)?

Sen. Francis Pangilinan
(we must have heard of his wife)

Senator Francis Pangilinan clarified that he did not vote in favor of the controversial Cybercrime Prevention Act of 2012 contrary to earlier reports of INQUIRER.net. (http://technology.inquirer.net/)

Sen. Joker Arroyo

Sen. Alan Peter Cayetano

Sen. Franklin Drilon

Sen. Sergio OsmeÃ±a III

Sen. Miriam Defensor-Santiago

Sen. Antonio Trillanes IV

(n.b., senators juan ponce enrile and edgardo angara need not vote.)

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islander · « **Reply #20 on:** October 04, 2012, 04:19:12 PM »

senators up for reelection in 2013 (they voted yes to the cybercrime law):

Liberal/Nacionalista Party:
Alan Peter Cayetano
Aquilino Pimentel III
Antonio Trillanes IV

Also on the slate of the Liberal/Nacionalista Party; familiar names, but they're not at the senate now (shades of dynasty, but what else is new?):
Juan Edgardo Angara, son of Cybercrime Law author
Cynthia Villar, wife of Sen. Manuel Villar

UNA party:
Gregorio Honasan II

straddling more than one party (LP/NP-UNA; Independent):
Loren Legarda
Francis Escudero

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islander · « **Reply #21 on:** October 04, 2012, 04:27:27 PM »

(second appearance in tb)

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