ON June 14, 2000, Republic Act 8792, otherwise known as the Philippines E-Commerce Law, was signed into law.
Its implementing rules and regulations (IRR) was signed last July 13, 2000 during the Government Information Infrastructure Conference (GIIC). The IRR was considered to be the first signed electronically worldwide and created in less than a month through intense deliberations, headed by former DTI Assistant Secretary Toby Monsod.
E-Commerce Law Philippines - Republic Act 8792 IRR signing
Showing posts with label republic act 8792. Show all posts
Showing posts with label republic act 8792. Show all posts
Saturday, July 14, 2007
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.
Monday, November 20, 2006
Government issues guidelines on electronic payment for government transactions
DTI Press Release
Trade Secretary Peter B. Favila and Finance Secretary Gary B. Teves signed on 25 October 2006 guidelines on the government’s Electronic Payment and Collection System (EPCS).
“The guidelines will minimize face-to-face interaction in payment transaction, reducing corruption and red tape in the workplace and making it easier for citizens, businessmen, and investors to transact with government at any time and place,” Favila said.
Electronic capabilities will make payment and collection services quicker and more effective, according to Teves. “Electronic transactions will make it easier to monitor payment, which help us maximize government’s financial resources,” he said. “This, in turn, enables us to make more and better health and education services available for our people, as well as invest in infrastructure that improves business and creates jobs.”
The Joint Department Administrative Order (JAO) No. 02, Series of 2006 prescribing the “Guidelines Implementing RA 8792 on Electronic Payment and Collection System (EPCS) in Government” will allow electronic payments through credit cards, automated teller machines (ATMs), debit cards, stored-value cards, mobile wallet payments and kiosks, among others.
The guidelines will apply to all government offices that currently use or intend to use EPCS to collect fees, charges, assessment and revenues.
The JDAO, which takes effect today, also creates a Government Electronic Payment and Collection System Evaluation Team (GEPCSET). This team, composed of representatives from the Department of Finance (DOF), Department of Trade and Industry (DTI), Bureau of the Treasury (BTr), National Computer Center (NCC) and the Bangko Sentral ng Pilipinas (BSP), will evaluate, accredit and recommend the approval of applications for EPCS.
“EPCS enables more government agencies to implement end-to-end e-commerce transactions and is a concrete step towards bolstering our global competitiveness,” Favila said.
Full implementation of the E-commerce Act was one of the recommendations by government and industry leaders to President Gloria Macapagal Arroyo during the National Competitiveness Summit held last 6 October 2006 in Malacanang.
Copy of the guidelines may be downloaded within the DTI business portal or at the Department of Finance website.
Trade Secretary Peter B. Favila and Finance Secretary Gary B. Teves signed on 25 October 2006 guidelines on the government’s Electronic Payment and Collection System (EPCS).
“The guidelines will minimize face-to-face interaction in payment transaction, reducing corruption and red tape in the workplace and making it easier for citizens, businessmen, and investors to transact with government at any time and place,” Favila said.
Electronic capabilities will make payment and collection services quicker and more effective, according to Teves. “Electronic transactions will make it easier to monitor payment, which help us maximize government’s financial resources,” he said. “This, in turn, enables us to make more and better health and education services available for our people, as well as invest in infrastructure that improves business and creates jobs.”
The Joint Department Administrative Order (JAO) No. 02, Series of 2006 prescribing the “Guidelines Implementing RA 8792 on Electronic Payment and Collection System (EPCS) in Government” will allow electronic payments through credit cards, automated teller machines (ATMs), debit cards, stored-value cards, mobile wallet payments and kiosks, among others.
The guidelines will apply to all government offices that currently use or intend to use EPCS to collect fees, charges, assessment and revenues.
The JDAO, which takes effect today, also creates a Government Electronic Payment and Collection System Evaluation Team (GEPCSET). This team, composed of representatives from the Department of Finance (DOF), Department of Trade and Industry (DTI), Bureau of the Treasury (BTr), National Computer Center (NCC) and the Bangko Sentral ng Pilipinas (BSP), will evaluate, accredit and recommend the approval of applications for EPCS.
“EPCS enables more government agencies to implement end-to-end e-commerce transactions and is a concrete step towards bolstering our global competitiveness,” Favila said.
Full implementation of the E-commerce Act was one of the recommendations by government and industry leaders to President Gloria Macapagal Arroyo during the National Competitiveness Summit held last 6 October 2006 in Malacanang.
Copy of the guidelines may be downloaded within the DTI business portal or at the Department of Finance website.
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.
Saturday, June 10, 2006
Dotcom entrepreneurs shared their growth experience
Hi everyone. Our DigitalFilipino.com Podcast Episode 5 is now online featuring DigitalFilipino.com Club Members and dotcom pioneers Jay Frank De Jesus of TitikPilipino.com and Jovel Cipriano of PinoyDelikasi.com. This kicks off our celebration for the June ICT month and 6th anniversary of Republic Act 8792 or the Philippines E-Commerce Law.
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