Sunday, December 30, 2012

TECH&LAW: SB 3327 and RA 10175


Green Archer
Introduction:
"An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." 


We can’t deny the fact that we have a weak cyber law deterring cyber crimes. The main purpose of creating it is to punish cyber violators but it didn’t work that way. President Benigno Aquino III signed into law Republic Act 10175, the Anti-Cybercrime Law. The said law sought to give government more teeth against computer-related crimes like hacking, child pornography, and even online libel. But many groups protested what they called its high potential to restrain free speech. Following protests that saw hacker groups briefly attacking government websites, the Supreme Court issued a 120-day TRO against the law. It became the reason for the birth of SB 3327. A group of concerned citizens primarily composed of software designers, IT specialists, academics, bloggers, engineers, lawyers, human rights advocates—approached her office with a draft of the Magna Carta Philippine Internet Freedom. The group formulated the MCPIF through discussions in an open Facebook group, email, Google Hangout teleconferences, and social media channels like Twitter. In cyber world, freedom is not absolute. As cyber user, we must be cautious with our actions and expressions. Though a law was passed to safeguarded cyber activities, it must be necessary that the law must not contrary with our laws. It must not be a tool in depriving someone’s right. Constitution is the supreme law of the land. Everyone must adhere.

Statement of the problem:

1. What is Senate Bill No. 3327?
2. What is RA 10175?
3. What is the purpose of creating S.B 3327?
4. What is the difference between RA 10175 and SB 3327?
Presentation and Conclusion:

What is Senate Bill No. 3327?
It known as the Magna Carta for Philippine Internet Freedom (MCPIF), aims to protect the rights and freedoms of Filipino citizens, while acting on cybercrimes.
What is RA 10175?
President Benigno Aquino III signed into law Republic Act 10175, the Anti-Cybercrime Law. The said law sought to give government more teeth against computer-related crimes like hacking, child pornography, and even online libel. Cyber crime prevention act of 2012 is an act defining cyber crime, providing for prevention, investigation, suppression and the imposition of penalties therefore and for other purposes. The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for efficient and effective law enforcement of the provisions of this Act. The NBI and PNP shall organize a cyber crime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.
What is the purpose of creating S.B 3327?
Our country needs a more effective cyberlaw because information and communications technology (ICT) and the Internet are drivers of economic growth. It will protect the rights and freedoms of Filipinos in cyberspace, while defining and penalizing cybercrimes. 
State policy:
The state reaffirms its recognition of the vital role of communication and information in nation-building, as stated in Article II, sec 24 of the constitution.
The State recognizes, ensures and guarantees:
The fundamental right of every Filipino to connect to a free and open Internet access;
The transparent and participatory process of making Internet policy; The right to meritocracy where age, sex, race, position and qualification are deemed irrelevant, and skill is the ultimate determinant of acceptance; Art, beauty, and culture can be created on devices, and on the Internet; An education that promotes computers, devices, the Internet and technology to pursue life, liberty and happiness, and The fundamental right of each person to:

Free expression on the Internet; Universal access to reasonably fast and affordable networks;
The freedom to connect, to communicate, to write, to read, to watch, to speak, to listen, to learn, to create; The freedom to create and innovate without permission, and ensures the right of every Filipino to reasonable access to such creation and innovation, and the commitment to guarantee that such creators and innovators and inventors are not punished for their users’ action and,
To protect, preserve and defend the Filipino’s right to privacy, and to do the same for their ability to control how their data, and devices are used.

The state affirms that all the rights guaranteed by Article III shall apply to the Filipino people in their use, development, innovation and invention of information and communications technology and the internet.


What is the difference between RA 10175 and SB 3327?


SBN 3327 differs from R.A. 10175 in that it guarantees the right against illegal searches and seizures. R.A. 10175 violates the right to privacy and the Constitutional guarantee against illegal search and seizure through allowing the warrantless real-time collection of traffic data. MCPIF ensures due process by providing strict guidelines for any collection of any data, including the securing of warrants, obligating notification, and limiting seizure to data and excluding physical property. It mandates government agencies to provide security for the data they collect from citizens to ensure their right to privacy. “The dangerous ‘takedown’ clause of R.A. 10175, where the government may have a website or network blocked or restricted without due process of law, is absent in the MCPIF. The MCPIF also prohibits double jeopardy. R.A. 10175 allows double jeopardy through prosecution of offenses committed against its provisions and prosecution of offenses committed against the Revised Penal Code and special laws, even though the offenses are from a single act.

Conclusion:

Thus, while it is important to crack down on criminal activities on the internet, protecting constitutional rights like free expression, privacy, and due process should hold a higher place in crafting laws. If passed into law, SBN 3327 will be the first law to be created through “crowdsourcing,” an online process of getting work done by tapping people on the Internet who volunteer their talent and skills. It provides for court proceedings in cases where websites or networks are to be taken down, and prohibits censorship of content without a court order. It seeks to clarify the mandate and organization of the proposed Department of Information and Communications Technology (DICT), the creation of which is currently pending before Congress. Every Filipino deserves to connect to a free and open Internet access;
The transparent and participatory process of making Internet policy; The right to meritocracy where age, sex, race, position and qualification are deemed irrelevant, and skill is the ultimate determinant of acceptance; Art, beauty, and culture can be created on devices, and on the Internet; An education that promotes computers, devices, the Internet and technology to pursue life, liberty and happiness (state policy). At the end of the day, lawmakers must draft a bill which will not take away the rights that we suppose to enjoy. And as to the Filipino cyber users, we must be cautious with our speech, actions and expressions in or out of cyber world. If that would be possible, passing such laws won’t be necessary. I will not let anyone even a vague law to infringe my rights.

Reference:



(Ray Faltado / 2012-0188)






No comments:

Post a Comment