The lower house has already approved in third and final reading House Bill 5808, known as the Cybercrime Prevention Act of 2012. This follows the passage earlier by Senate the same provisions of the bill with the same proposed title under Senate Bill 2796. With both chambers of Congress passing same bills but with minor differences, a consolidated bill shall be drafted by the bicameral conference committee and shall be approved into law by the President.
The proposed laws categorically identify what falls under the definition of cybercrime and how to prevent its proliferation and pushes for appropriate punishment against the violators.
The following are considered acts of cybercrime under the two bills:
- Availability of computer data and systems acquired through illegal access, illegal interception, data interference, system interference and misuse of devices. Example of these is “cracking” or what is popularly known as hacking.
- Computer-related acts:
- computer forgery
- content-related offenses like cybersex (posing nude for an online customer), unsolicited commercial communication(spam), cyber defamation (internet libe) and cyber threats (may include cyber bullying)
- Fine: P200,000 for the commission of offenses against confidentiality, integrity and availability of computer data and systems and those that are computer-related;
- Fine: P1,000,000 for Cybersex offense. (Senate Bill: P200,000 to P1M)
- Fine: P1,250,000 for child pornography (Senate Bill: same with the Child Pornography Act)
- Fine: P250,000 for unsolicited commercial communications offense (Senate Bill: P50,000 to P250,000)
The Senate bill also sets for the creation of the National Cybersecurity Coordinating Council, under the Office of the President. The country is pressured to pass this proposed bills into law because of the ineptness of the present E-Commerce law to combat against cyber crimes.