How Soon Will Cybercrimes Be Punished?

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.