Module 13 & 14 - Computer Crimes and Related Philippine Laws

Ten Philippine e-commerce related crimes that were successfully solved by the government.

1. Filipino hacker - September 29, 2005
   
   • Crime committed
     • Hacking the government portal "gov.ph" and other government websites.
   • Name of criminal(s)
     
     • JJ Maria Giner
   • Court's decision
     
     • He was sentenced to one to two years of imprisonment and will pay a fine of 100,000 pesos. However, Giner immediately applied for probation, which was eventually granted by the court during Wednesday's arraignment, the DoJ said.The granting of the probation will allow Giner to skip jail time but he will still be required to report to a probationary officer on a regular basis.
   • Source of information
     
     • http://www.crime-research.org/news/29.09.2005/1519/
       
       
2. Filipino call center agent found guilty of hacking - May 22, 2006
   • Crime committed
     
     • Hacking a company's system to steal credit card information.
   • Name of criminal(s)
     
     • Jeffric Carlos Abiera
   • Court's decision
     
     • He was sentenced on May 4 by the Quezon City metropolitan court to a minimum imprisonment of one to two years plus a fine of P100,000 (US$5,858) in violation of section 33 of the E-Commerce Law.
   •  Source of information
     
     • http://emailspotting.wordpress.com/2006/05/22/filipino-call-center-agent-found-guilty-of-hacking/
        
3. How Filipino phreakers turned PBX systems into cash machines for terrorists
   
   • Crime committed
     
     • Allegedly hacking into AT&T customers' phones.
   • Name of criminal(s)
     
     • Macnell Gracilla, Francisco Manalac, Regina Balura, and Paul Michael Kwan  have been arrested in the Philippines for allegedly hacking into AT&T customers' phones as part of a plan to funnel money to a Saudi-based terror group, according to police. The Philippine Criminal Investigation and Detection Group said it worked with the FBI to arrest the suspects last week. The hackers, according to investigators, worked for a group that helped finance a deadly 2008 terrorist attack in Mumbai, India.
   • Court's decision
     • Court's decision hasn't been made yet.
   • Source of information
     
     • http://sg.news.yahoo.com/filipino-police-arrest-4-suspected-t-hackers-171754010.html 
     • http://arstechnica.com/tech-policy/news/2011/11/how-filipino-phreakers-turned-pbx-systems-into-cash-machines-for-terrorists.ars
       
       
4. Two more video pirates have been convicted
   
   • Crime committed
     
     • Illegal production of compact discs(CDs) and digital video discs(DVDs)
   • Name of criminal(s)
     
     • Jaime and Maria Cristina Chan
   • Court's decision
     • They were sentenced to imprisonment of three months and a day to one year each, without probation. The judge also fined each P50,000.00 for each offense.
   • Source of information
     
     • http://news.google.com/newspapers?nid=2479&dat=20030504&id=_lk1AAAAIBAJ&sjid=ZCUMAAAAIBAJ&pg=1908,33376361
    
5. First cyber-crime case for 2008 filed at DOJ
   
   • Crime committed
     
     • Hacking - The cybercrime involves a former employee of a local manufacturing company accused of stealing company(VMC) secrets.
   • Name of criminal(s)
     
     • Roschelle Claro
   • Court's decision
     • Her license as chemist from the Philippine Regulatory Commission was revoked.
   • Source of information
     
     • http://www.crime-research.org/news/09.07.2008/3443/
       
       
6. Credit group hails fraud convictions
   • Crime committed
     
     • Credit Card Fraud
   • Name of criminal(s)
     
     • Lim King alias Young Ma Park and Leung Hung Ying alias Sung Seub Lee
   • Court's decision
     
     • The Credit Card Association of the Philippines (CCAP) hailed the conviction for fraud of two Asian foreigners by a local court. The judge sentenced each to three years in jail and a fine of P121,738. The two pleaded guilty when charged, which explained the lighter jail term, normally a maximum of five years, and lower fine.
   • Source of information
     
     • http://www.philstar.com/Article.aspx?articleId=95600
    
7. Taiwanese arrested for credit card fraud turns out wanted for murder in Taiwan
   • Crime committed
     
     • Credit Card Fraud
   • Name of criminal(s)
     
     • Wu Yen Jung
   • Court's decision
     
     • Immigration Commissioner Ricardo David Jr. identified the arrested fugitive as 24-year-old Wu Yen Jung, who is presently detained at the BI detention center in Bicutan, Taguig City. Thus, David explained that Wu’s deportation will have to wait after the criminal charges against the Taiwanese suspects are resolved by the court.
   • Source of information
     
     • http://immigration.gov.ph/index.php?option=com_content&task=view&id=1129&Itemid=78
    
8. Woman nabbed for credit card fraud
   
   • Crime committed
     
     • Credit Card Fraud
   • Name of criminal(s)
     
     • Melinda Asuncion
   • Court's decision
     
     • There's no update found on the internet about court's decision in this case. But, Sitty Anisa Mauna, filed a complaint before the Manila Police Department after discovering that her HSBC credit card was used without her knowledge.
   • Source of information
     
     • http://www.abs-cbnnews.com/nation/metro-manila/08/11/11/woman-nabbed-credit-card-fraud
    
9. 12 aliens convicted of piracy
   • Crime committed
     
     • Illegal production of pirated video and audio compact discs (CDs)
   • Name of criminal(s)
     
     • Chinese Nationals : Wang Ching Hau, 27; Xiao Han Ying, 24; Hu Fei Xiong, Lu Zon Wu, 29; and Susan Wong, 30; and Indonesians Tan Hai Pen, 25; Willy Tan, 23; Goyoli Go, 29; Agus Sutayto, 23; Moulyuno Gouw, 25; Hendri Djap, 22; and Satrisno Bong, 23.
   • Court's decision
     
     • The 12 foreigners were convicted  and each meted a six-month jail term and ordered to pay a total fine of P1.4 million.
   • Source of information
     
     • http://www.philstar.com/Article.aspx?articleId=201524
    
10. Businessman convicted for software piracy
    • Crime committed
      
      • Software piracy
    • Name of criminal(s)
      
      • Nestor Yao, managing director of Gains Computer and Telecommunications Inc.
    • Court's decision
      
      • He was found guilty on two criminal cases filed against him, according to a decision of Judge Antonio Eugenio Jr. of Branch 24 of the Regional Trial Court of Manila. The local businessman faces a prison sentence of one year for one case, and three to six years for the other case. The court also required him to pay a total of 200,000 pesos.
    • Source of information
      
      • http://www.ulop.net/forum/4-lounge/267408-raid-in-brgy-rizal-makati-part2?limit=10&start=80

Module 11 - Free Speech Issues

1. Facebook’s marketing director, who happens to be Mark Zuckerberg’s sister, proposed last year that banning online anonymity would help curtail cyber-bullying and Internet harassment. Then-Google CEO Eric Schmidt made a similar observation in year 2010, noting that “privacy is incredibly important” but “not the same thing as anonymity.” If banning is already imposed or will be imposed would this stop annoying comments against someone freely posted by an anonymous FB user? Is this ethical? Is this against the freedom of speech? Support your answer.
   
   Ans.
   
   Banning online anonimity would help curtail cyber-bullying or stop annoying comments against someone freely posted by an anonymous user?I don't think so. Maybe it would help lessen cyber-bullying but will not stop annoying comments. Most of the bully are not anonymous to somebody who is bullied, most of them are their "friends" or somebody they knew. It is ethical to banned something that would harm emotionally in every individual like cyber-bullying and the annoying comments. Yet, it is against the freedom of speech because everyone of us has the right to speak even if it is bad or good. It's the choice of every individual to do it or not, and depends on their moral values.
   
   
   
2. Is it ethical to blog both awful and pleasant experiences with your ex-girlfriend / ex-boyfriend? Discuss.
   
   Ans.
   
   Blog is like a diary and it can be personal or public. You can write everything you like, your ideas, thoughts, personal experiences and other events that happened or you have encountered in your life. Yes, it is ethical to blog both awful and pleasant experiences with your "EX". It is everyone's right to blog or write what they would like as long as it will not violates the rights your "EX". Also, it depends on the blogger to whom he/she will share his/her his blog.

Module 12 - Intellectual Property Rights

What is there for to rejoice if you have the intellectual property on something? Would it be a great instrument to the economic growth of the country? Or you are just the sole beneficiary of the fruits you have reaped from what you have sowed? Explain.

Ans.

     First, let's define IP or the Intellectual property. It is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized and is bounded by the corresponding fields of the law. If you have this property or creation then you have the rights which is called Intellectual Property Rights or IPR. There are different intellectual property rights and the common types are copyrights, trademarks, patents and industrial design rights. If you have filed or applied this rights on your creations or property then you will be recognized as the owner or inventor of it and you have the right to sue somebody who will imitate, copy or reproduce it without your consent and permission. Now, talking about the economic growth of a country, this thing contributes to the economy in the form of tax. For instance, a country or an organization owns a property which is copyrighted or patented somebody who will reproduce it will have to pay accordingly for them to have the right to reproduce. And every person who is a contributor or inventor to that will have a share on the money. It is not true that you're just the sole beneficiary of your creation or property but you are the primary beneficiary.

Module 9 - Private Issues

Talking about privacy, how far would you go for the sake of social justice? Justify.

Answer :

           I believe in the world of computing specifically in the internet or the www, there is no such thing as privacy. Social justice issues will always be there. It is the responsibility of every individual on how are they going to maintain equity, solidarity, and value human rights and recoginize one's dignity. Everyone can make a difference in promoting social justice and eliminating social injustice. Invading someone's privacy or rights will always into chaos or trouble. So respect and being responsible, I think will somehow resolve of this issues.