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A License To Snoop: Why the Cybercrime Law is not the answer to child cyber porn

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Commentary

By Raïssa Robles

To combat cyber porn using children, the government is vigorously pushing for the Supreme Court to unfreeze the Cybercrime Law (Republic Act 10175) and allow it to take effect.

But they haven’t specified just what it is in the law that will help them.

Is it the fact that the law shoehorns the entire Revised Penal Code into cyberspace and imposes extra-heavy criminal penalties on ANY crime committed with the help of digital technology?

Would it be the fact that the law will allow anyone — say, a senator? — to sue for libel anyone on Facebook?

Could it be the bit that lets government block any website it chooses — the way China does?

Or perhaps it’s that bit in the Cybercrime Law that allows the government to spy without any accountability? That might be it.

I cannot stress enough the dangers of the Cybercrime Law. Its atrocious lack of safeguards can easily enable rogue cops and government officials to commit crimes of extortion and blackmail using the digital highway.

In the course of my investigation, I also learned that the Cybercrime Law was enacted in order to enable the Intellectual Property Rights Office (IPO) to go after those who download music on the Internet from torrent sites. This is one of the REAL USES of the Cybercrime Law.

It is also not enough to simply remove the section on criminal libel from the Cybercrime Law. Because the Cybercrime Law is not just about libel. Or just about child pornography. It includes all the crimes in the country’s statute books including rebellion.

It hands policemen and personnel of the Department of Justice and the National Bureau of Investigation as well as employees of the private telecom companies the power to spy on everyone – private citizens and even government officials. That’s because the wording of Section 13 on the “Real-”Real Time Collection of Traffic Data” is so vague.

Given what’s been happening in the US about the rogue activities of its National Security Agency, can we expect OUR law agencies (which are not exactly famous for being clean and effective) to do better? By the way, the NSA has also been claiming it was just studying metadata, which might be true, but that didn’t stop it from rampant and wholesale snooping on any target they chose, without oversight or accountability.

Anyway, I doubt the Cybercrime Act can do much to stop cyber porn because, as the police recently disclosed, those who make their children and other relatives engage in sex before video cameras use video chats. Most probably, my hubby Alan told me, they use Skype. And Skype is encrypted and even foreign governments have had a tough time cracking the encryption so they can spy on terrorists who use the service.

Alan, who has been lecturing on Internet privacy at the International Institute für Journalismus in Berlin, also noted that in order for authorities to effectively use the Cybercrime Law to catch cyber porn producers, they would have to spy on the Internet activities of a large section of the population and see which IP addresses might be suspect.

That would be the equivalent of saying “there might be snatchers in Manila and we don’t know who they are, therefore we should be allowed to freely raid and search every home in the hope that maybe we’ll find them.”

The police said cyber porn is a thriving cottage industry in Cebu, Pampanga, Cagayan de Oro and Metro Manila. So there you go. The real-time traffic collection of data would have to be undertaken in those areas.

How Cybercrime Law can give rise to extortion and blackmail using the digital highway

It was actually an anti-crime crusader who warned me of this possibility.

To those who say I think so poorly of the NBI and policemen, here’s proof why we should all be worried about this happening.

Two years ago in January 2012, NBI Chief Magtanggol Gatdula was sacked after being implicated in the kidnap-for-ransom of an illegally staying Japanese national Noriyo Ohara. Six other NBI agents were fired. the ransom demand was allegedly P6 million.

How can the Cybercrime Law be used for extortion?

One Filipino worker in the Middle East sent me a letter expressing concern that the Cybercrime Law made “Cybersex” a crime. The law defines Cybersex as:

“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.”

According to the Filipino worker, the problem is that many Filipino overseas workers use Skype or Facetime to have “remote sex” with their spouses or partners or they exchange pictures. Both would easily fall under “any lascivious exhibition of sexual organs or sexual activity.”

What if these activities were attached to an e-mail and a rogue investigator threatened to post it on YouTube – unless he was paid not to?

Combating child porn

In 2009, Congress already passed RA 9775, which specifically defined and punished child porn on the Internet.

The Cybercrime Law did two things to RA 9975. It raised the penalties in RA 9775 “one degree higher”.

It also allowed “real time collection of traffic data”.

As for blocking child porn sites from being viewed in the country, this is not as important when it comes to the Philippines since we are a producer, not a viewer of porn (which costs a lot of money and needs a credit card.)

However, please note that data collection and blocking porn sites were already included in a previous law, RA 9775.

Despite this, authorities would want us to believe that only the Cybercrime Law would enable them to combat cyber porn.

Senior Supt. Gilbert Sosa, director of the PNP Anti-Transnational and Cyber Crime Division of the Criminal Investigation and Detection Group (ATCCD-CIDG) recently told Philippine Daily Inquirer that:

“The debate on the Cybercrime Law focuses on the substantial part of it. But the police needs the procedural aspect of the law so that we can run after these pedophiles.”

First off, what is wrong with that statement?

Supt. Sosa forgets that the pedophiles are residing in another country watching Philippine porn. How can the Philippine police catch them?

Sosa and the Department of Justice also conveniently forget to tell the public that RA 9775 already gave law enforcement authorities broad powers to combat child porn.

For instance, Section 9 of RA 9775 puts the onus on Internet Service Providers (ISPs) to report that the crime of child porn is being committed using their servers:

“Section 9. Duties of an Internet Service Provider (ISP). – All internet service providers (ISPs) shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its server or facility. Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person: Provided, That no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section.

“Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant authorities.

“An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an internet address which contains any form of child pornography.

“All ISPs shall install available technology, program or software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered.

“An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 15(k) of this Act.

“The National Telecommunications Commission (NTC) shall promulgate within ninety (90) days from the effectivity of this Act the necessary rules and regulations for the implementation of this provision which shall include, among others, the installation of filtering software that will block access to or transmission of any form of the child pornography.

You can view RA 9775 here.

You will notice that RA 9775 already has a section allowing ISPs to block child porn sites and provide “authorities” with “particulars of users who gained or attempted to gain access to an internet address which contains any form of child pornography.”

This section is quite broad. “Particulars of users” could include their names, their IP addresses as well as their actual residential addresses.

This is better than “real time collection of traffic data” that is in the frozen Cybercrime Law.

The main difference – and this is where the stinker lies – is that the Cybercrime Law covers our entire Penal Code and not just child porn. Including the political crimes which from experience, you and I know, are frequently used by those in power against those who oppose them.

The Cybercrime Law is one of those laws that were promulgated by our lawmakers with their eyes wide shut to its very serious implications on our hard-fought freedoms and civil liberties.

It would be supreme irony if the Supreme Court were to unfreeze this monster of a law as the nation celebrates the 28th anniversary of 1986 Edsa People Power.

NOTE – To refresh your memory, please read my stories on the Cybercrime Law by clicking on the links below:

What the Cybercrime Law really means

UPDATE: Implications of the Cybercrime Prevention Law

Fr. Bernas calls Cybercrime Law “frightening”

Is DOJ’s Geronimo Sy blaming lawmakers for botched Cybercrime Law?

NEWSFLASH: Supreme Court extends TRO on Cybercrime Law INDEFINITELY

Why I stand by my story that Sotto “inserted” online libel section in the Cybercrime Law

Who inserted that libel clause in the Cybercrime Law at the last minute?

The Cybercrime Law was brought to you by 7 senators & 12 congressmen

Why did four senators file nearly identical cybercrime bills?

The quadruplet bills on Cybercrime

Gov’t TV station invites me to anti-cybercrime law forum

Dear Justice Assistant Secretary Sy: If cyber adultery doesn’t exist, why did you put it in the Cybercrime Law?

How the new technology is reshaping the way we bring news to the public

Comments

  3. Pope Francis loves the ‘Internet’! The news report says –

    “Even Pope Francis believes the Internet is a godsend, though probably not for the same reasons other people do. In a statement released earlier today, the pope said the Internet helped to better connect people to one another.

    Click Through Slideshow on Pope Francis

    “The walls which divide us can be broken down only if we are prepared to listen and learn from one another,” he said. “The Internet, in particular, offers immense possibilities for encounter and solidarity. This is something truly good, a gift from God.”

    A Gift from God! If it is why should our Government try to curtail or monkey around this GIFT?

    http://news.yahoo.com/pope-francis-calls-internet-39-gift-god-39-012750569–abc-news-topstories.html

  4. laws, like RH, that alleviates poverty are probably more effective in combating cybersex in the long run.

    • The law has to offer more leniency to the media when publishing facts regarding the position of the public figures and their involvement in public issues or else the legal system would be forcing our media to a point of self censorship in which every word would would be expressed with great fear of punishment, limiting the scope of our freedom of speech.

  5. I don’t think the SC will lift the TRO on the cybercrime law (CCL) because the opposition to the law is mainly against the online libel and takedown provisions. And based on the arguments by parties and the comments of the SC justices, these provisions would surely be declared unconstitutional. This is beside from the earlier pronouncements by the legislators to amend the CCL along such line. Moreover, I believe the blanket application of the entire revised penal code on the CCL would not pass the SC because such provision is unnecessary and vague.

    IMHO the announcements of the PNP on the legal nuances of the CCL should not be taken seriously. The police thought to the contrary that the real time data collection and takedown provisions of the CCL have more law enforcement teeth than the child pornography law (CPL). The truth is that the CCL merely increases the penalty by one degree. Collection of cyber evidence in CPL is specifically authorized by law and does not need any help from CCL. In fact it is the duty of ISPs by virtue of CPL to “snoop” or filter cyberporn and make report to authorities.

  6. No such thing as privacy in the digital age , once you’ve used a computer /cellphone / smartphone we’ve already given away our privacy, cyber crime law is suppose to protect the children from exploitation – anyone who got hands on this / consumer or producers , parents friends etc should be arrested and extremely punished under due process .

    • well there is no due process on cybercrime law because it is only shortcut to a conviction of guilty lead to jail without any due process from the court.

      • Anti cyber crime law is the due process ( anti – crime) backed by EViDeNce and lawyers to be decided by the majority , the opposition’s main concern is invading their privacy/exclusivity (spying – it’s been going on since the dawn of husbandsmen even before the discovery of ” the constitution and played an integral part of GOVERN- ment to keep us safe ) and for the bill of rights which are unrelated on this issue ( it only becomes related when we read the LAW between the lines like reading poetry ) bottom line is to protect our innocent children from ADULTS who exploit them. I agree that this law needs some modification but I support it nonetheless . “

        • well support it whatever you want but it needs to struckdown those contested provision of cybercrime law which is anti civil liberty and shortcut to due process then we will not stop that law. BUT THE QUESTION IS CAN THIS LAW STAND WITHOUT THOSE CONTESTED PROVISION?and btw we have other laws against child pornography and human trafficking to children so for me there is no need of cybercrime law but to implement it quickly of enforcement than to be lazy.

  7. WHY DO WE HAVE THESE PROBLEM OF HUMAN RIGHTS VIOLATION??? ITS BECAUSE OF THESE GREED BUSINESSMEN AND PEOPLES NATURAL INCLINATION TO EVIL DOINGS SEX, EXTORSION, IMMORALITY AND OTHER CRIMES, TWO MAJOR CULPRIT:

    1. CHILD PORN CAME BECAUSE THERE WERE GOOD INCOME FROM WHAT THEY HAVE INVESTED.
    2. PIRATES CAME EARNING MONEY FOR FEW INVESTMENT LIKE DUPLICATORS AND BLANK DVD’S

    NOW CAME THE LAW TO PROHIBIT THESE BAD DOINGS. THE PORN USERS WILL BE SAD AND THE PIRATES WILL BE ANGRY. BUT THEY MAY SWITCH TO VICTIMIZING THE INNOCENT BELOW WITH COLLABORATION WITH THE EVIL LAW GUARDIANS.

    NOW THE INNOCENT ARE HERE>PLAIN NEWS READER, THE SURFERS, THE SEARCHERS, THE ENTHUSIAST, THE NEWSCASTERS, THE BLOGGERS, THE SIMPLE INTERNET USERS BECOME THE PREY FOR NEW SOURCE OF INCOME.

    SOLUTION: DONT USE THE INTERNET, STOP BUYING ANYTHING WITH INTERNET, STOP BUYING CD’S AND DVD’S, THESE WILL BE THE COUNTER FORCE TO DOWN THE GREED BUSINESSMEN. NO USERS, NO INCOME HE HE HE…

    IF YOU CANT STOP USING INTERNET: THEN BUY FIREWALL SOFTWARE TO BLOCK THESE GREED EVIL LAW GUARDIANS AND THEIR PARTNERS. SPENT MONEY TO PROTECT YOURSELVES. YOU NEED TO BUY TO THESE GREED BUSINESSMEN FOR PROTECTION, THAT IS LIFE, GIVE AND TAKE…

    I THINK I CAN NEVER STOP USING INTERNET, I PURCHASED NORTON 360 FOR PROTECTION AGAINST THESE EVIL HACKER, BUT STILL I NEED TO LIMIT MY SELF. IF I ACCIDENTALLY PRESS A PORN SITE, HERE, THE SAUDI LAW GUARDIAN, BLOCKS IT RIGHT AWAY. ALL I NEED TO DO IS CLICK ANOTHER PAGE WHICH IS NOT PORN LIKE GAGS, LAUGHTER OR MUSIC…

    I ALWAYS RECIEVED EMAILS THAT I WON 1 MILLION DOLLAR OR I WAS CHOSEN AS HEIR FOR A DYING BILLIONAIRE, OR I WAS HIRED BY OIL AND GAS COMPANY WHICH I ADMIT HERE I WAS VICTIMIZED OF 5000SAUDI RIYAL? LESSONS LEARNED. AS GEORGE W. SAID, YOU CAN FOOL ALL THE MEN IN SOME OF THE TIME, BUT YOU CANT FOOL ALL THE MEN IN ALL OF THE TIME HE HE HE

    WELL, WHAT CAN WE DO TO STOP THIS CYBERCRIME LAW? I THINK, SOME GREED BUSINESSMEN FROM AMERICA OR WORLD BANK WANTED THAT IMPLEMENTED FOR THEIR BUSINESESS HE HE HE

    • The WORLD progresses so FAST @Mcspeed ,,, communication system that were carried by PIGEONs during the medieval and dark ages prolonging to the usage of a telegraph aka morse code during 19th century were all brilliantly/excellently outdated by INTERNET on the CYBERSPACE….then if we stop buying and using them,, how can we proceed to discover a more advance communication system like TIME MACHINE or TELEFORTATION ? How can we reached the other planets in our solar system then if we stop using internet’s?

    • “To find a new leader, we have to look for a person with the important attributes of leadership, such as individual style and competencies; problem solving; effective communication, passion; and courage,” [Senator Miriam Defensor Santiago].

      “At an individual level, the candidate should possess: general cognitive ability, crystallized cognitive ability; modification; and personality,” Santiago added.

      Santiago said both in the psychiatric profession and in presidential politics, leadership is crucial, as a product of both culture and vision.

      “We are looking for a leader to provide a blueprint for Filipinos to follow,” she said.

      Source: http://www.gmanetwork.com/news/story/344871/news/nation/miriam-urges-voters-to-junk-candidates-linked-to-pdaf-dap-scams

      Thumbs Up

      • Kim Henares @mang mel, can not yet stop the graft and corruptions of her BIR exanimners in the field to date and so with her other employees holding cash responsibilitiees on their job descriptions… Mahirap …di nya kaya..clean sya ,but she has to prosecute more of her corrupt employees of un explained wealths.

        • @Victin, lahat naman ng sangay ng gobyerno, mayruon iyan. Hangga’t na mayruong mga mamamayan na handang mag ‘tara’ (grease money), meron na merong corrupt.

          Graft and corruption exists in all gov’ts (democratic or not). Sa pinas, be it from the national level down to the local gov’t unit. Even barangay captains and kagawads (frontlines) are susceptible to graft and corrupt practices.

          There are some key political attributes of Kim Henares. I can point out some: a non traditional [would-be] politician; no political family dynasty; no pork barrel political baggage; from the private sector.

          PNoy (a one termer) may opt to run as VP to boost her winnability and, at least, ensure his legacy for continuity of political reforms, eradication of graft and corruption, including foreign policy matters affecting the West Philippine Sea. Even M Pacquiao can raise her hand as the winner.

          Let the iron ladies shine for their motherland.

          Kung may Raissa ang CPM, may tatlong Maria si PNoy. AT hindi pa huli ang isa.

          @Victin, meron kang isang choice?

        • And another attribute (with confidence?), no political favors or Presidential Pardons to whosoever…

  9. Cybercrime and child molesting are two different things. And indeed there is overlap, but don’t misuse child abuse to advance other problems.

    I hope that in fighting child cyber porn, the police and the NBI will also look at other aspects of child molesting. It is good to remember that the majority of perpetrators are known to the child: family, neighbors, coaches… But all this is so shameful nobody dares to talk about it. I hope that the authorities don’t wait for another BBC reportage on domestic types of abuse before action is taken.

    I wish that this cyber aspect of child molesting will start a full discussion in the media that will bring the entire problem to the surface.

    • A very good comparison @yvonne! So Cybercrime law plunged us over the railing unto to our death. [railings = Bill of Rights]

      Thank you.

      • @leona

        …and the bald tires were the lack of safeguards in the Cybercrime Law. Guess who was the driver, the conductor, and the dispatcher?

        • only one solution: DONT USE INTERNET, DONT BUY CD’S, DONT BUY ANYTHING WITH REGARDS TO INTERNET, LIVE A SIMPLE LIFE, BACK TO WHERE WE WAS ==NOTHING!!!

          LIFE WAS SO SIMPLE UNTIL THESE GREED BUSINESSMEN THRIVE ON EARTH FOR THEIR PERSONAL GAINS, MOST JOINED THE POLOITCAL SYSTEM FOR WHAT? PROTECTION OF THEIR INTEREST….

        • @macspeed

          Para mo na rin sinabi na huwag ng magblog si Raissa at huwag na tayo magtipon-tipon dito sa Cyber Plaza Miranda. :-(

  12. This is still a good reminder that RA 10175 Cybercrime Prevention Act of 2012 is totally and/or wholly a product of legislators and Executive Department’s attempt to defeat very important freedoms in our Bill of Right Article III.

    Raissa is right that this law is a monster, an ogre! A tool for potential violations of the people’s very right to live free. This law if allowed will chill all memories of self security and guarantee of life, liberty and happiness of us, the PEOPLE.

    The opposition and multiple objections to this law are still fresh and are living cells part of everyone’s existence under the Bill of Rights in the Constitution. Congress did not study well enacting this law. So too the Executive Department. Facts that the law was passed hurriedly and recklessly was publicly known. Thus, the SC TROed it and indefinitely at that!

    To have this law enforced is the initial demise of freedom; my knocking on this keyboard; news free speech; right to seek redress for grievances in the form of spiteful attacks against corruptions by public officials.

    Libel in the Revised Penal Code should likewise be abolished. About time. It is a Spanish idea of subjugating a free people…and to be enshrined by reckless imprudence of unthinkers in the halls of our own Congress by our very own representatives. Libel should be a civil action for civil damages hereon. Not a criminal act. End it.

    The monument at the Luneta Park where our Dr. Jose P. Rizal will become an empty symbol of his fight for reforms. To the worms we shall all be with this law.

    The Supreme Court must declare this Cybercrime law an anathema to the Constitution’s Bill of Rights.

    Kudos to Raissa! God bless you.

    • laws are drafted to favor the author or lobbyist.
      more laws, more bribes.
      more fun in PHL

      • It’s really fun in the Philippines. Check Breaking News in newspapers!

        Today, Customs Commissioner Sevilla testifying in Congress on “How are the smugglers able to import rice without permit”

        His answer:
        Importers bring rice to Philippines without permit. Customs require the importer to present Rice Import Permit within 30 days of arrival of shipment or it will be confiscated. While Customs prepare papers to impound the shipment, Importers obtain TRO from courts against Customs against confiscation of shipment.

        This is another classic chicken and egg theory!

        Commissioner seems to blame the judges in cahoots with smugglers insinuating bribery to judges.

        Ho Ho Ho!

        Why won’t Customs issue an Absolute Rule that 3 days before shipment arrives, all Import Papers and other necessary Custom Documents must be presented to Bureau of Customs no later than one day after arrival of shipment. Everything must be computerized for transparency? When we disembark from airplanes in airports we present our passports for documentation that we are legal travelers.

        Why do Importers of goods subject to Smuggling be allowed to secure Import Permits 30 days after arrival of shipments? What kind of Common Sense that 30 days after shipment arrival is needed to present an Import Permit?

        Customs allow technical Smuggling in their regulation to blame the courts.
        If Customs rule is simple and clear, the court does not have reason to issue TRO.

        Only in the Philippines these kind of rules are implemented to facilitate Corruption

        Really, It’s fun in the Philippines.

        He he he!

    • FREEDOM is not FREE , what about the rights of our children / under legal age ? , our children is the future of society ! Who and how do we protect them ??

  13. Great article Raïssa.

    Kudos and thanks. Your vigilance is outstanding.

    The Cybercrime Law (Republic Act 10175 or Cybercrime Prevention Act of 2012) really needs to go back to Congress for changes, not only in the re-definition of terms but also scope and compass.

    As for concerns raised by Senior Supt. Gilbert Sosa, director of the PNP Anti-Transnational and Cyber Crime Division of the Criminal Investigation and Detection Group (ATCCD-CIDG), coordination & cooperation with their law enforcement counterparts in other countries – who have similar laws against child pornography and pedophilia.

    Domestic ISPs carry the responsibility of reporting illegal online or internet activities to ATCCD-CIDG. Congress can legislate a Law (if nil) and require ISPs, as a condition of their license, to comply with RA 9775. ATCCD-CIDG and ISPs can always establish cooperation for compliance. The difficulty lies in the details or the mechanics on how far can they ‘snoop’ on all internet traffics without breaching privacy (personal, commercial, trade and the like) and other existing laws.

    Undercover is still the best and proven way to catch cyber crims – http://www.gmanetwork.com/news/story/334098/news/nation/with-no-high-tech-sweetie-nbi-relies-on-undercover-work-to-catch-cybersex-syndicates