In criminal offenses, there would be no crime when
there is no law punishing it. That explains why various crimes done through the
internet still persist these days. In cases where the offenders are caught,
court proceedings won't go so well because only the part of the offense which
is governed by the Revised Penal Code (RPC) is being litigated. The main bulk
of the offense, the cybercrime, is usually left untouched. This is the main issue;
yet, the current RPC is still inadequate to deal with such matter. Hence, the
government's highest monitoring body for the conditions and status of
Information Technology in the Philippines
is now putting pressure on the legislature to propose a bill against cybercrimes.
The Commission on Information and Communication
Technology (CICT) define cybercrimes as those offenses done in the realm of the
internet which, just like usual offenses, have grave and concrete effects to
the ones who are affronted. The crimes identified are hacking, identity theft,
phishing, spamming, website defacement, denial-of-service (DoS) attacks,
malware or viruses, child pornography, and cyber prostitution. Such crimes are
not yet punishable under the country's criminal law. That is why there is a
need for a legislative action to eventually make each of the aforementioned offenses
become a felony in order for perpetrators to be punished in accordance with the
law.
CICT is very hopeful that increased awareness and
support will push the Congress to finally pass a bill against cybercrimes. The
commission endorsed the "Cybercrime Prevention Act of 2008" wherein
four cyber-related bills authored by different lawmakers are consolidated. A
representative from the Council of Europe, an organ of the European Council,
also joined the technical working group in refining the bill a year prior to
the endorsement. Such representation is meant to "harmonize" the bill
with European standards on cybersecurity. It has to be considered that such
crimes are not solely confined to one nation but rather that they traverse
territorial boundaries considering that the crimes are committed in the World
Wide Web..
Currently, CICT feels that there is an increasing support
from private sector groups. The Business Process Association of the Philippines
(B/PAP) which represents the outsourcing industry is an example. The said
umbrella organization supports such bill because it infers that once the
country is secured from different forms of cybercrimes through existing and
enforceable laws, it would be easier to sell the services that are done in the country
to foreign investors. The bill would ensure that the clients are well covered
when we speak of cybersecurity in the Philippines.
With these, it can be said that the current conditions
the country is facing calls for progressive and up-to-date legislations.
Neighboring countries like Singapore
and Malaysia
have already adopted such measure. Unluckily though, the bill is hampered by
the other so called "more important" considerations discussed in both Lower and
Upper House of the Congress in the Philippines. It is already five
years since the bill was endorsed, yet, the Congress still fails to accommodate
it. While increased support and awareness regarding cybercrimes becomes more
apparent, hopefully ,the legislature will finally act on this issue.
