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1

Provides a target rich environment for criminals

Cyberspace

2


It is easy to carry out an attack, has lower risks associated with it, is hard to trace technically, and hard to prosecute.
Sophisticated tools are readily available on the Internet publicly.
Access and attack can be from anywhere and anonymous.

Cyberspace

3

Cybercrime Offenses

1. Offense against Confidentially, Integrity and Availability (CIA) of computer data and system
2. Computer-Related Offense
3. Content- Related Offense

4

Offense against Confidentiality, Integrity and Availability of computer data and system

1. Illegal access
2. Illegal interception
3. Data Interference
4. Misuse of devices
except fine should be no more than ₱500,000.
5. Cyber-squatting

5

Offense against CIA of computer data and system penalty

*(imprisonment of 6 years and 1 day up to 12 years) or a fine of at least P200,000 up to a maximum amount commensurate to the damage incurred or BOTH. And

If committed against critical infrastructure:

* (imprisonment for 12 years and 1 day up to 20 years) or a fine of at least P500,000 up to a maximum amount commensurate to the damage incurred or both

*Prision mayor
* Reclusion Temporal

6

Computer-Related Offense

Computer-related Forgery
Computer-related Fraud
Computer-related Identity theft

7

Prison Mayor (imprisonment of 6 years and 1 day up to 12 years) or a fine of at least P200,000 up to a maximum amount commensurate to the damage incurred or BOTH. And

On provided that no damage has yet been caused, the penalty imposed shall be one (1) degree lower

Computer-Related Offense

8

Content-Related Offense

•Cybersex
•Child Pornography
•Unsolicited Commercial Communications (SPAMMING)
•Libel
Defined in Article 355 of the Revised Penal Code

9

Prision mayor (imprisonment of 6 years and 1 day or a fine at least P200,000 but not exceeding P1,000,000.

Penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system.

THIS PROVISION WAS STRUCK DOWN BY THE SUPREME COURT AS UNCONSTITUTIONAL

Penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Content-Related Offense

10

CHAPTER IV ENFORCEMENT AND IMPLEMENTATION
Section 10. Law Enforcement Authorities - The National Bureau of investigation (NBI) and Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigator to exclusively handle cases involving of this Act.

RA 10175 ALSO KNOWN AS “CYBERCRIME PREVENTION ACT OF 2012”

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“Cybercrime Prevention Act of 2012”;

• R.A. 10175 –

12

“Data Privacy Act of 2013”;

• R.A. 10173 –

13

“Anti-Photo and Voyeurism Act of 2009”;

• R.A. 9995 –

14

“Anti-Child Pornography Act of 2009”;

R.A. 9775 –

15

“E- Commerce Act of 2000”;

• R.A. 8792 –

16

“Access Device Regulation Act of 1998”;

R.A. 8484 –

17

1. Crime occurs
2. Policemen responds
3.
4.
5.
6. Writes report
7. Prosecution

Reactive law enforcement

18

Cybercrime Investigation Process
Step 1 - Interview the Complainant
Step 2 - Gathering & Documentation of Evidence
Step 3 - Complaint & Witness detailed sworn statement
Step 4 - Request for the conduct of Digital Forensic Examination on the submitted electronic evidence
Step 5 - Coordination, Verification & Presentation with TELCO/ISP and/or Website Admin/Provider.
Step 6 - Preparation of MLAT (Mutual Legal Assistance Treaty).
Step 7 - Preparation & Application for Court Order to TELCO/ISP to give the preserve information requested.
Step 8 - investigation Report
Step 9 - Referral to the Office of the Prosecutor

Cybercrime Investigation Process

19

Recognizing and Identification
Arrival in the electronic crime scene
Documentation
1. Sketch of Location
2. Photograph
- 4 shots corners room
- 2 shots outside room
3. Photograph and Sketch digital Evidence
4. Log at the working notes
5. Examine
6. Interview

Recognizing and Identification

20

Can be seized in a variety of different forms, and from a variety of different sources.

Digital Evidence

21

Devices

Computers and Drives
Personal Devices
Removable Media
Miscellaneous

22

Identifying Digital Evidence

Devices
Data

23

Email account contents
Social media accounts
Cloud storage account
Server data

Data

24

Servers
Workstations
Laptops
External Hard Disk Drives

Computes and Drives

25

Mobile handsets
Tablets

Personal Devices

26

USB drives
SD Media cards
DVD- R
CD-R

Removable Media

27

Digital Cameras
Web cameras
Wireless access point
Routers
Gaming system

Miscellaneous

28

Collection and Preservation of Computers and Drives

Running state => Implement "Bag and Tag" procedure

Off

29

Collection and Preservation of Computes and Drives

Running State => Check network => Implement "Bag and Tag" Procedure

ON and Not connected to Network

30

Collection and preservation of Computers and drives

Running State => Check Network => Screen Saver Running => Implement "Incident Response" => Implement "Bag and Tag" Procedure

ON, Connected to Network, Screen Saver Not running, with password