Comments on the draft IRR of RA 10175 (Cybercrime Prevention Act)

In response to the call for comments/public consultation by the Department of Justice on the draft implementing rules and regulations of Republic Act 10175, Democracy.Net.PH submitted its comments to the draft.

Notwithstanding our participation in the review of the draft IRR, Democracy.Net.PH continues to oppose and shall push for the complete repeal of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012. A piecemeal approach to protecting our citizens from the dangers of cyberspace will end up eroding the benefits that cyberspace provides our citizens, and will curtail their rights online and offline.

Democracy.Net.PH presents the … Continue reading »

On the proposed inclusion of cyber ethics in the curriculum

Your rights offline are the same as your rights online. This has been the guidepost for the Magna Carta for Philippine Internet Freedom. Democracy.Net.PH believes that there is nothing fundamentally different in the way that people should relate to each other “in real life” vis-à-vis how they should relate to each other on the Internet. Thus, the rights—and responsibilities—are the same. There is nothing inherently special about the Internet that would flip our understanding of what is good or bad behavior, or what is true and false.

Thus, while we welcome the attention paid by our legislators to the need … Continue reading »

Caps Locked: Why data caps put a lid on progress

(This brief on data caps was prepared by Democracy.Net.PH. Please credit Democracy.Net.PH when quoting. For more information, send email to [email protected].)

Data capping, also known as bandwidth capping or broadband capping, is a data traffic management/ traffic control methodology employed by Internet service providers, network service providers, and telecommunications entities. Data capping is the “throttling”—purposefully limiting the amount of data transfer on a communications medium or channel (bandwidth)—of a subscriber’s or end user’s bandwidth.[1]

It is easier to understand the concept of data caps via a physical analogy: water.

Data is measured in two ways: by transmission … Continue reading »

Debunking Errors in a Proposed Philippine Cybersecurity Framework

Myopia.

This is the inescapable conclusion one will have upon reading Francis Domingo’s opinion piece in the November 18, 2013 issue of Philippine Daily Inquirer, “Points to consider in securing Philippine cyberspace”.[1] While Domingo raises a valid concern on the continual growth of the cybersecurity threat, his recommendations fail to address it. Worse, if followed, his recommendations may prove disastrous.

The Cybersecurity Threat Continuum

“More people may decide to engage in cyber-attacks because of the low barriers to entry, anonymity and presence of others involved in similar activities.

“Performing various operations in cyberspace is not difficult … Continue reading »

Excellent record marred: Freedom House reports on Philippine Internet Freedom

In its 2013 “Freedom on the Net” report, Internet watchdog Freedom House noted how Philippine Internet Freedom suffered a major blow in 2012: “People in the Philippines enjoy nearly unrestricted access to the internet. There have not been any reports of the government systematically blocking access to online content. This excellent record was marred in September 2012 by the passage of an anti-cybercrime law boosting official powers to censor and monitor internet users without judicial oversight.”

The Philippine experience mirrors the global trend toward proliferation of laws, regulations, and directives curtailing freedom of expression online. According to Freedom House, global … Continue reading »

“ICT-Enabled Senators” Push Progressive Legislation

Democracy.Net.PH commends the Senators of the 16th Congress of the Philippines for proposing various information and communications technology (ICT) and Internet policy legislation that, if enacted, will surely benefit the Filipino people. These bills complement civil rights principles and constitutional guarantees and work in parallel to promote rights, governance, development, and security for Philippine ICT and the Internet. It will be recalled that Sen. Miriam Defensor-Santiago’s Magna Carta for Philippine Internet Freedom (#MCPIF), filed as SBN 53 in the 16th Congress, was the first bill to encompass and espouse all these principles.

No less than five bills have been filed … Continue reading »

Statement on the May 10, 2013 DDoS attacks on PH government, telecommunications, and media

Comelec.gov.ph and other vital government websites have been taken offline by Distributed Denial of Service (DDoS) cyberattacks just days before the most important day in our democratic way of life.

Transport, telecommunications, and mass media networks are reported to be fending off similar attacks, which are alleged to have originated from Taiwan. A DDoS attack is one where networks or websites are deliberately and maliciously flooded with network traffic, overloading the available bandwidth and thus denying legitimate users access to said networks or websites. In the case of the COMELEC website, this would mean depriving the public of a critical … Continue reading »

MCPIF: FactSheet

MCPIF: FactSheet

A fact sheet on the Magna Carta for Philippine Internet Freedom.

THE MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM (MCPIF) is the first legislation drafted through online crowdsourcing. Spurred by the realization that representative democracy cannot always address that needs of the community, the drafters of the MCPIF came together to craft legislation for the Internet that would reflect the experience and aspirations of Filipino netizens.

More here: http://www.propinoy.net/2012/12/01/mcpif-factsheet/

NBI forms unit against cybercrime

NBI forms unit against cybercrime

In the Senate, Senator Miriam Defensor Santiago said she would seek passage of a law that would be known as the Magna Carta for Philippine Internet Freedom, to replace the Cybercrime Prevention Act, which penalizes online libel with hefty jail terms.

Unlike the challenged law, she said, her bill would uphold freedom of expression of Filipinos in cyberspace.

She added that her bill treated libel as a civil liability rather than a criminal act.

“While it is important to crackdown on criminal activities on the Internet, protecting constitutional rights like free expression, … Continue reading »