DISCLAIMER: The content of this blog is in compliance with the
requirements in the subject Technology and the Law and not to be use for any
purposes other than for classroom purposes only.
MANILA,
Philippines — Responding to the defacement of the University of the Philippines
(UP) website on Friday, a group of Philippine-based hackers has defaced a
Chinese university website on Saturday as tension between China and the
Philippines continue to escalate.
Breaking
into one of the sub-websites of the Chinese University Media Union
(UMU), the group Anonymous OccupyPhilippines replaced the main page with a
defaced website that declared “Scarborough Shoal is ours!” as loud, screaming
music played in the background.
(http://www.interaksyon.com/infotech/pinoy-hacktivist-group-retaliates-defaces-chinese-websites)
The
controversy arose when both countries claimed the Spartly's Island. Why? The
Spratly Island holds significant reserves of oil and natural gas. The Philippines base their claims of
sovereignty over the Spratlys on the issues of Res nullius
and geography, while China base their claims on the issue of historical naval
presence.
Under R.A. 8792 or Y2k Law/E-commerce
law. Sec. 33. - The following Acts shall be penalized by fine
and/or imprisonment, as follows:
a)
Hacking
or cracking which refers to unauthorized access into or interference in a
computer system/server or information and communication system; or any access
in order to corrupt, alter, steal, or destroy using a computer or other similar
information and communication devices, without the knowledge and consent of the
owner of the computer or information and communications system, including the
introduction of computer viruses and the like, resulting in the corruption,
destruction, alteration, theft or loss of electronic data messages or
electronic document shall be punished by a minimum fine of one hundred thousand
pesos (P100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;
Now, the main issue here is
how can we prosecute the foreign hacker and make them liable knowing they are
outside the country.
The only way to bring them to court is to cooperate
with foreign law enforcement authorities. But what if these foreign law
enforcement authorities do not want to collaborate, or do not have the
technical capabilities to assist the investigators? Unfortunately, this type of
case scenario happens all the time. This poses a major challenge to the
prosecution of cybercrime and there does not seem to be any magical solution
other than international cooperation. Cybercrime is a transnational crime, and
solving the issue of cyber jurisdiction requires nations to work on harmonizing
substantive laws and fostering cooperation between law enforcement agencies
worldwide. Indeed, the Interpol (International Police Force) has a plan for
international cooperation against crime, including cybercrime, that most countries
have joined.
One recent example of cyber jurisdiction
issue involved the “I Love You” virus. This virus, which caused billions of
damages worldwide, was created and launched by a Filipino. The Hacker, a AMA
computer school dropout, was identified by Philippines investigators, but could
not be apprehended for lack of substantive law violating his conduct. Indeed,
the Philippines' E-Commerce Act, which penalizes hacking, was enacted after the
“I Love You” virus was released on the Internet. Thus, although this
individual’s conduct would have been punishable in other countries where the
virus caused damages, only Philippines law enforcement agencies had
jurisdiction over him, and although they did obtain a search warrant, they were
unable to prosecute him. Thus, the father of “I love You’ virus was hassled and
inconvenienced, but that was about it. Currently, most countries have updated
their criminal codes or statutes and introduced digital crimes as a punishable
offense. Additionally, international cooperation among countries is helping on
the apprehension and prosecution of cybercriminals.
The bottom line is COOPERATION WITH FOREIGN
LAW ENFORCEMENT AGENCIES, but I don’t think China will cooperate because of the
dispute in SPRATLY.