Database of Legislation

Cybercrime
  • Acts against the Confidentiality, Integrity and Availability of Computer, Data and Systems

    • • Illegal access to a computer system
      • Interception of computer data
      • Illegal data/ system interference
      • Production/ distribution/ possession of computer misuse tools
 

Original Text

SEC. 4. Cybercrime Offenses. —

The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-public

transmission of computer data to, from, or within a computer system including electromagnetic emissions

from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of

computer data, electronic document, or electronic data message, without right, including the introduction or

transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning

of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or

suppressing computer data or program, electronic document, or electronic data message, without right or

authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without

right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing

any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer

system is capable of being accessed with intent that it be used for the purpose of committing any of the

offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices

for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead,

destroy reputation, and deprive others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate

government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal

name; and

(iii) Acquired without right or with intellectual property interests in it.

 
 

Cross-Cutting Issues

      • • Electronic Evidence/Digital Evidence