The growth of the Internet in the last decade was driven by its users and application creators, mostly from the private sector. Along with the benefits came the various threats and abuses such as pornography, terrorism, cybercrime, among others. Most of these crimes are done outside of one's country and most would strategically implement such route to ensure that they won't be captured.
Governments are getting concerned about this and efforts in creating a multi-government and multi-stakeholder body is being pushed to coordinate tracking and capture. It will be interesting to explore the idea Vince Cerf is pushing on international agreements on what is acceptable network behavior or not. I wonder what will be the penalties for those who are non-compliant.
While waiting for these efforts to happen, governments are moving forward. Australia released Internet censorship rules that compels ISPs to provide clean feeds that shall protect children from pornography and violent websites or often referred to as adult content. Of course, wives who don't want their husbands to access Internet pornography should be happy as well.
As children now frequent social networks and use chat tools to connect with their friends, where they also get exposed to adult content indirectly, it will be interesting to see on how can this be properly executed. The last thing you want is for innocent sites to be included in the list.
This is not mandatory though and parents who have control of their household Internet may want to opt out from this feature. Like in our home, computers are located in the living room area where access to undesirable content is less likely to happen. But as Duncan Riley noted, opting out may result or require questions to be answered, that in a sense is also like being monitored.
Whether this will affect Internet speed or increase access cost, is uncertain at this point. Telecommunications Minister Stephen Conroy mentioned that they will work constructively with the sector and engage in trials to get this done properly.
I believe that this move by a perceived progressive and democratic country like Australia will set the stage for more countries to explore the same move, especially if done well.
In the Philippines, there were push for Internet censorship in the past and was even suggested by the biggest Internet cafe chain in the Philippines, Netopia. Even if most Internet cafes in the Philippines have already prohibited access to pornographic materials in their facilities and installed filters to prevent such, some believe that government's participation on the matter can help in stepping up the pressure. Getting the Internet monitored may one way or another help in capturing cyber-criminals especially pedophiles who are good in masking their identities online.
With pervasive Internet use and cybercrime growing online, is Internet censorship inevitable? I guess it will depend on what matters most to us. Is it our privacy? Children's online safety? Freedom of information access? National security?
Showing posts with label cybercrime philippines. Show all posts
Showing posts with label cybercrime philippines. Show all posts
Tuesday, January 01, 2008
Thursday, May 10, 2007
JJ Disini on Advocacy and Politics Online
One of the persons we interviewed for the Philippine Internet Review: Ten Years of Internet History (1994 - 2004) was Atty. JJ Disini of Disini & Disini Law Office.
JJ is a lawyer specializing in information technology matters. He represent mobile content providers, e-commerce companies engaged in e- banking, B2B marketplaces, on-line services, as well as, "traditional" IT companies such as systems integrators, ISPs, network providers. The website, http://www.disini.ph/, was established in 2000 at the same time he formed his law firm. One of his main goals in maintaining the site is to provide legal information for those interested in various areas of the law. He continuously updates the resources section of the site by including informative materials such as an Investment Primer and an Outsourcing Primer.
He was the principal drafter of the Implementing Rules and Regulations of the E-Commerce Law – Republic Act 8792. He also wrote a position paper for the Philippine Internet Commerce Society, in support of Cebu-based CyberPromdi in 2000 to counter a proposed ordinance banning minors in Internet cafes.
Janette Toral (JT): Since the passage of the E-Commerce Law what's happening now in the legislative arena?
JJ: There have been various initiatives in Congress relating to e-commerce such as the cyber crime bill, the convergence bill, and of course, the bill creating the Department of ICT. However, there have been no new laws to date. I'm not entirely sure if this is a good thing or not. It seems to indicate that ICT isn't much of a priority in the national agenda. However, I do believe that certain initiatives are worth pursuing. In particular, I believe a data protection and privacy law would benefit various sectors of the IT industry including the outsourcing providers as well as the public in general (whose informational privacy can be secured through the law).
JT: What's next? Do you see tougher issues in the area of cryptography and intellectual property?
JJ: I think the challenge now in the policy arena revolves around formulating a strategy for addressing various issues. There appears to be no "game plan" emanating from our policy makers with a specific agenda and action items. I think the time for motherhood statements of support and development have passed. We need to initiate steps to implement specific programs to get the industry going and ensure the continued development of the ICT sector.
JT: Do you ever see the Internet being governed? Will it be through traditional courts or dispute resolution?
JJ: Internet governance is far too complex to have any ready answer. Overall, I do believe that the use of technology (probably through private contracting) remains the strongest source of regulation on the Internet. The best example is the Uniform Dispute Resolution Policy (UDRP) of ICANN which effectively legislated protection to trademark owners against cybersquatting. In a mix of private contracting and technological control, UDRP has been an unqualified success. I think there are important lessons in that experience relating to Internet governance. Of course, a government can take an extreme position like China where ISPs are heavily regulated in order to block access to "offensive" sites. In the final analysis, the success of governmental control depends on many factors and an individual government's efforts may be thwarted by hackers and other liberally- minded citizens.
I don't believe the traditional courts can effectively handle multi- jurisdictional issues arising from the Net. Unless, of course, those courts are created by International agreements and some order is placed in terms of venue and jurisdiction. Still, I imagine those kinds of suits will be very expensive to litigate and very inconvenient to at least one of the parties.
JT: As work-at-home arrangements are becoming popular in the Philippines, do you find companies monitoring workers-at-home result to privacy violation?
JJ: I'm not aware if monitoring is that effective for people who tele-commute. I imagine that at best, the company can screen the person's email. Still, in the workplace, a vast majority of employers - at least in the US - monitor computer use to avoid unauthorized surfing and other factors that impact on productivity. In that respect, I believe the employer has a right to institute monitoring equipment. In the final analysis, computer resources are provided by the employer for business purposes only. As such, the employer has the right to monitor the use of those resources to ensure their proper utilization. If employees want privacy, then they should use their own computer resources -- at home, for example.
JT: Is it possible for Filipinos to elect a Philippine President from the comforts of their own home or work place (especially for OFWs)?
JJ: Theoretically, yes. The issue of course is authentication. But that's a common issue for all on-line transactions as well as current "off-line" election procedures in place.
JT: Do you think it's possible in the future that there will be a candidate in national politics that will represent the Internet community? Who do you think that will be?
I guess it's difficult to say or determine who comprises the Internet community. There are users and there are business people, government officials -- all having different interests that need to be protected. I think at most, we can have a candidate with an agenda that supports various interests within the Internet community. Perhaps, that would be enough.
Who would that be? Anybody who takes up the cudgels for promoting Internet use and commerce in the Philippines.
JT: A lot believe that the Internet changes everything about the law. Almost everyone can maximize the use of the Internet for both good and bad purpose. As a safety principle especially in legislation, what is commonly noted is that whatever is allowed in the real world should be allowed on the Internet and vice-versa. Do you think this principle will remain the rule of thumb in the next 10 years? How does this double-edged sword affect our rights and liberties?
JJ: It's not so much a rule of thumb as a stop-gap measure. The advent of the Internet and the pace at which adoption and usage has grown over the past years has far outpaced Congress. The making of laws is a deliberate and deliberative process that cannot possibly be done in Internet time. So, in the absence of any pronouncements from Congress, the courts have no choice but to apply existing laws to new situations -- with varying success. I believe this will continue but I also believe that the process is continually improving as the legal analysis improves and legal experts come to understand the peculiar issues the Internet brings to the law. On the whole, I wouldn't be too concerned about our rights and liberties. I don't think excessive regulation is in the offing and those of us online should be free from restrictions for years to come.
JJ is a lawyer specializing in information technology matters. He represent mobile content providers, e-commerce companies engaged in e- banking, B2B marketplaces, on-line services, as well as, "traditional" IT companies such as systems integrators, ISPs, network providers. The website, http://www.disini.ph/, was established in 2000 at the same time he formed his law firm. One of his main goals in maintaining the site is to provide legal information for those interested in various areas of the law. He continuously updates the resources section of the site by including informative materials such as an Investment Primer and an Outsourcing Primer.
He was the principal drafter of the Implementing Rules and Regulations of the E-Commerce Law – Republic Act 8792. He also wrote a position paper for the Philippine Internet Commerce Society, in support of Cebu-based CyberPromdi in 2000 to counter a proposed ordinance banning minors in Internet cafes.
Janette Toral (JT): Since the passage of the E-Commerce Law what's happening now in the legislative arena?
JJ: There have been various initiatives in Congress relating to e-commerce such as the cyber crime bill, the convergence bill, and of course, the bill creating the Department of ICT. However, there have been no new laws to date. I'm not entirely sure if this is a good thing or not. It seems to indicate that ICT isn't much of a priority in the national agenda. However, I do believe that certain initiatives are worth pursuing. In particular, I believe a data protection and privacy law would benefit various sectors of the IT industry including the outsourcing providers as well as the public in general (whose informational privacy can be secured through the law).
JT: What's next? Do you see tougher issues in the area of cryptography and intellectual property?
JJ: I think the challenge now in the policy arena revolves around formulating a strategy for addressing various issues. There appears to be no "game plan" emanating from our policy makers with a specific agenda and action items. I think the time for motherhood statements of support and development have passed. We need to initiate steps to implement specific programs to get the industry going and ensure the continued development of the ICT sector.
JT: Do you ever see the Internet being governed? Will it be through traditional courts or dispute resolution?
JJ: Internet governance is far too complex to have any ready answer. Overall, I do believe that the use of technology (probably through private contracting) remains the strongest source of regulation on the Internet. The best example is the Uniform Dispute Resolution Policy (UDRP) of ICANN which effectively legislated protection to trademark owners against cybersquatting. In a mix of private contracting and technological control, UDRP has been an unqualified success. I think there are important lessons in that experience relating to Internet governance. Of course, a government can take an extreme position like China where ISPs are heavily regulated in order to block access to "offensive" sites. In the final analysis, the success of governmental control depends on many factors and an individual government's efforts may be thwarted by hackers and other liberally- minded citizens.
I don't believe the traditional courts can effectively handle multi- jurisdictional issues arising from the Net. Unless, of course, those courts are created by International agreements and some order is placed in terms of venue and jurisdiction. Still, I imagine those kinds of suits will be very expensive to litigate and very inconvenient to at least one of the parties.
JT: As work-at-home arrangements are becoming popular in the Philippines, do you find companies monitoring workers-at-home result to privacy violation?
JJ: I'm not aware if monitoring is that effective for people who tele-commute. I imagine that at best, the company can screen the person's email. Still, in the workplace, a vast majority of employers - at least in the US - monitor computer use to avoid unauthorized surfing and other factors that impact on productivity. In that respect, I believe the employer has a right to institute monitoring equipment. In the final analysis, computer resources are provided by the employer for business purposes only. As such, the employer has the right to monitor the use of those resources to ensure their proper utilization. If employees want privacy, then they should use their own computer resources -- at home, for example.
JT: Is it possible for Filipinos to elect a Philippine President from the comforts of their own home or work place (especially for OFWs)?
JJ: Theoretically, yes. The issue of course is authentication. But that's a common issue for all on-line transactions as well as current "off-line" election procedures in place.
JT: Do you think it's possible in the future that there will be a candidate in national politics that will represent the Internet community? Who do you think that will be?
I guess it's difficult to say or determine who comprises the Internet community. There are users and there are business people, government officials -- all having different interests that need to be protected. I think at most, we can have a candidate with an agenda that supports various interests within the Internet community. Perhaps, that would be enough.
Who would that be? Anybody who takes up the cudgels for promoting Internet use and commerce in the Philippines.
JT: A lot believe that the Internet changes everything about the law. Almost everyone can maximize the use of the Internet for both good and bad purpose. As a safety principle especially in legislation, what is commonly noted is that whatever is allowed in the real world should be allowed on the Internet and vice-versa. Do you think this principle will remain the rule of thumb in the next 10 years? How does this double-edged sword affect our rights and liberties?
JJ: It's not so much a rule of thumb as a stop-gap measure. The advent of the Internet and the pace at which adoption and usage has grown over the past years has far outpaced Congress. The making of laws is a deliberate and deliberative process that cannot possibly be done in Internet time. So, in the absence of any pronouncements from Congress, the courts have no choice but to apply existing laws to new situations -- with varying success. I believe this will continue but I also believe that the process is continually improving as the legal analysis improves and legal experts come to understand the peculiar issues the Internet brings to the law. On the whole, I wouldn't be too concerned about our rights and liberties. I don't think excessive regulation is in the offing and those of us online should be free from restrictions for years to come.
Sunday, December 03, 2006
Cyber-libel: Stop blaming the E-Commerce Law!
This column piece has definitely agitated me. The columnist is referring to a recent ruling in the US about a libel case that favored the accused. In one way or another, he just stepped into accusing the E-Commerce Law for being inept in prosecuting cyber-criminals in the country.
Here is my thinking on the issue.
The Philippines E-Commerce Law or Republic Act 8792 did not change any law. However, it strengthened all existing laws by recognizing its electronic counterpart. Therefore, laws covering libel cases are now empowered to recognize its electronic counterparts. That is why you have cases where the likes of celebrity / actress Kris Aquino suing GMA 7 in the past and used e-mail printouts as her evidence. That case resulted to a settlement. If it proceeded and she lost, it will depend on how she lost and thereby which law is to blame. If it's the insufficiency of the case, being considered a libel, then laws covering libel should be the one amended.
If she loses based on evidence presentation, proving authenticity, originality, among others, then that is where the E-Commerce Law can be scrutinized.
With regards to cybercrime, it is not the E-Commerce Law that is weak, it is the implementation and allocation of funding. I'm always paranoid whenever I encounter instances where people can easily be comfortable in blaming a law rather than looking at its implementation. Our cybercrime enforcement is weak because government leaders are not yet fully aware and neither excited in allocating funding to it due to other priorities. Therefore, this is where we should unite and call on government to allocate resources to combat cybercrime.
Here is my thinking on the issue.
The Philippines E-Commerce Law or Republic Act 8792 did not change any law. However, it strengthened all existing laws by recognizing its electronic counterpart. Therefore, laws covering libel cases are now empowered to recognize its electronic counterparts. That is why you have cases where the likes of celebrity / actress Kris Aquino suing GMA 7 in the past and used e-mail printouts as her evidence. That case resulted to a settlement. If it proceeded and she lost, it will depend on how she lost and thereby which law is to blame. If it's the insufficiency of the case, being considered a libel, then laws covering libel should be the one amended.
If she loses based on evidence presentation, proving authenticity, originality, among others, then that is where the E-Commerce Law can be scrutinized.
With regards to cybercrime, it is not the E-Commerce Law that is weak, it is the implementation and allocation of funding. I'm always paranoid whenever I encounter instances where people can easily be comfortable in blaming a law rather than looking at its implementation. Our cybercrime enforcement is weak because government leaders are not yet fully aware and neither excited in allocating funding to it due to other priorities. Therefore, this is where we should unite and call on government to allocate resources to combat cybercrime.
Wednesday, November 01, 2006
Penalizing child pornography
Former Lee County School District bus driver Donald Deverso, 60, was arrested in April 2005 after returning from the Philippines and customs officials found explicit photos of underage girls on his digital camera. Investigators later found more images on his computer and some computer discs. He took images of the girl, including shots of her lying nude on a rumpled bed.
U.S. District Judge John Steele sentenced him to 16 years and 3 months for receiving child pornography as well as owning and making child pornography. At least this is a positive news of some sort in fighting against cybercrime.
U.S. District Judge John Steele sentenced him to 16 years and 3 months for receiving child pornography as well as owning and making child pornography. At least this is a positive news of some sort in fighting against cybercrime.
Friday, October 13, 2006
Paypal accepts Philippine-based Internet users
A few days ago, I was chatting with a friend about this expected development - of an upgrade in Paypal.com that will include accepting new accounts from the Philippines.
Actually, it was just a matter of time and no lobbying influenced it - it is more of a practical decision for Paypal. Today though, the facility is limited to sending of money overseas, not acceptance.
This development meant more payment alternatives for Filipinos. (at least I can already upgrade my podcast site in Podomatic) However we still need more online payment alternatives for individuals that are attuned to the needs of the Filipino today.
As the Philippines has the highest incident of global online credit card fraud today, fixing our implementing policies and law enforcement is must. It will also require Internet users, who cares in uplifting the country's reputation and credibility, to be vigilant and report to authorities those who sell credit card information and commit illegal acts. Our banking system has to improve as well in order to make the money acceptance feature a reality in the Philippines.
I wrote more details about this and published today in Manila Times.
Actually, it was just a matter of time and no lobbying influenced it - it is more of a practical decision for Paypal. Today though, the facility is limited to sending of money overseas, not acceptance.
This development meant more payment alternatives for Filipinos. (at least I can already upgrade my podcast site in Podomatic) However we still need more online payment alternatives for individuals that are attuned to the needs of the Filipino today.
As the Philippines has the highest incident of global online credit card fraud today, fixing our implementing policies and law enforcement is must. It will also require Internet users, who cares in uplifting the country's reputation and credibility, to be vigilant and report to authorities those who sell credit card information and commit illegal acts. Our banking system has to improve as well in order to make the money acceptance feature a reality in the Philippines.
I wrote more details about this and published today in Manila Times.
Tuesday, August 08, 2006
Cybercrime: a globally connected concern
As exposure to hacks and cracks never ceases, companies globally address it by hardening their policies and infrastructure within the organization. Authorities globally are communicating with the private sector to earn trust and seek collaboration in capturing organized cybercrime networks. For the Philippines, this is an issue as a lot of US companies admitted that some of the pings or attempts come from the country.
In fact because of high tech printing gadgets today, there are now fake or counterfeit US dollar bills circulating around the world. Oftentimes referred to as "supernotes," these fake bills was first found in the Philippines as a local cashier caught it by the feel of the paper.
One of the challenges in cybercrime enforcement is the extradition of suspects from one country to another. If two countries don't have the same or similar legislation for that matter, double criminality can't be established which is a requirement for extradition.
Another growing concern is the 1 billion pesos online pornography market in the country where vigilance of the community is needed in capturing these elements and bring them to court. A growing number of alleged traffickers are using the Internet as a medium to market.
Rebels and various cause groups are also using the Internet as a medium to express their grievances, propaganda, and introduce themselves. Although this may work in favor for the government in getting more information. It can also work otherwise.
The passage of the E-Commerce Law or Republic Act 8792 was crucial in demonstrating the Philippines' stability as an outsourcing destination of ICT related or enabled projects. As data privacy is a growing concern as well, the Department of Trade and Industry released a guideline (pdf) that can be shown to local and foreign prospective clients on our resiliency in protecting personal data. It is hoped as well that this guideline can be used in protecting ourselves from unsolicited business calls.
To continue this demanding task, law enforcement entities also face the dilemma of getting funding support and hire cybercrime fighters. Good thing there are entities giving equipment and training donations.
Still, there are global security software executives, despite having Philippine presence, still clueless on policy developments in the country and using old examples.
In fact because of high tech printing gadgets today, there are now fake or counterfeit US dollar bills circulating around the world. Oftentimes referred to as "supernotes," these fake bills was first found in the Philippines as a local cashier caught it by the feel of the paper.
One of the challenges in cybercrime enforcement is the extradition of suspects from one country to another. If two countries don't have the same or similar legislation for that matter, double criminality can't be established which is a requirement for extradition.
Another growing concern is the 1 billion pesos online pornography market in the country where vigilance of the community is needed in capturing these elements and bring them to court. A growing number of alleged traffickers are using the Internet as a medium to market.
Rebels and various cause groups are also using the Internet as a medium to express their grievances, propaganda, and introduce themselves. Although this may work in favor for the government in getting more information. It can also work otherwise.
The passage of the E-Commerce Law or Republic Act 8792 was crucial in demonstrating the Philippines' stability as an outsourcing destination of ICT related or enabled projects. As data privacy is a growing concern as well, the Department of Trade and Industry released a guideline (pdf) that can be shown to local and foreign prospective clients on our resiliency in protecting personal data. It is hoped as well that this guideline can be used in protecting ourselves from unsolicited business calls.
To continue this demanding task, law enforcement entities also face the dilemma of getting funding support and hire cybercrime fighters. Good thing there are entities giving equipment and training donations.
Still, there are global security software executives, despite having Philippine presence, still clueless on policy developments in the country and using old examples.
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