Philippine Cybercrime Prevention Act (RA 10175)

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1
What is the principal Philippine law known as the Cybercrime Prevention Act of 2012?
Republic Act No. 10175.
2
What is cybercrime investigation?
The lawful identification, collection, preservation, examination, and analysis of evidence relating to offenses involving computer systems, networks, or digital technologies.
3
What is digital evidence?
Information of potential evidentiary value that is stored, transmitted, or processed in digital form.
4
What is computer data under RA 10175?
Any representation of facts, information, or concepts in a form suitable for processing in a computer system, including programs capable of causing a computer system to perform a function.
5
What is a computer system under RA 10175?
A device or group of interconnected or related devices that performs automated data processing pursuant to a program.
6
What is illegal access under Section 4(a)(1) of RA 10175?
Accessing the whole or any part of a computer system without right.
7
What is illegal interception under Section 4(a)(2) of RA 10175?
Interception by technical means, without right, of nonpublic transmissions of computer data to, from, or within a computer system, including covered electromagnetic emissions.
8
What is data interference under Section 4(a)(3) of RA 10175?
Intentional or reckless alteration, damaging, deletion, or deterioration of computer data, electronic documents, or electronic data messages without right, including introduction or transmission of viruses.
9
What is system interference under Section 4(a)(4) of RA 10175?
Intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by specified unauthorized acts involving computer data or programs.
10
What is misuse of devices under Section 4(a)(5) of RA 10175?
Specified unlawful production, sale, procurement, importation, distribution, or possession of devices, programs, passwords, or access codes intended for committing covered cybercrime offenses.
11
What is cybersquatting under RA 10175?
Bad-faith acquisition of a domain name over the internet to profit, mislead, destroy reputation, or deprive others of registration, when the statutory conditions are met.
12
What is computer-related forgery under Section 4(b)(1) of RA 10175?
Unauthorized input, alteration, or deletion of computer data resulting in inauthentic data intended to be considered or acted upon as authentic for legal purposes.
13
What is computer-related fraud under Section 4(b)(2) of RA 10175?
Unauthorized input, alteration, deletion, or interference involving computer data or systems causing damage with fraudulent intent, as provided by law.
14
What is computer-related identity theft under Section 4(b)(3) of RA 10175?
Intentional acquisition, use, misuse, transfer, possession, alteration, or deletion of identifying information belonging to another, without right, under the statute.
15
What is cyberlibel under RA 10175?
Libel as defined under the Revised Penal Code when committed through a computer system or other similar means, subject to applicable constitutional rulings and jurisprudence.
16
Which Supreme Court case substantially reviewed the constitutionality of RA 10175?
Disini v. Secretary of Justice, G.R. No. 203335, February 18, 2014.
17
What are traffic data under RA 10175?
Computer data other than content data relating to a communication by means of a computer system, including its origin, destination, route, time, date, size, duration, or type of underlying service.
18
What is content data in a cybercrime investigation?
The substance or meaning of a communication, as distinguished from traffic or subscriber-related information.
19
What is subscriber information?
Information held by a service provider relating to a subscriber, such as identifying or service details, excluding traffic and content data as defined by applicable rules.
20
What is the purpose of a preservation order in a cybercrime investigation?
To require preservation of specified computer data so that potentially relevant evidence is not lost while lawful access or disclosure is pursued.
21
Under Section 13 of RA 10175, what is the initial preservation period for traffic data and subscriber information?
At least six months from the date of the transaction, subject to applicable extensions and legal requirements.
22
Under Section 13 of RA 10175, what is the initial preservation period for content data?
At least six months from receipt of an order from law enforcement authorities requiring preservation, subject to applicable law.
23
What Supreme Court issuance governs warrants and related procedures for cybercrime investigations?
A.M. No. 17-11-03-SC, the Rule on Cybercrime Warrants.
24
What is a Warrant to Disclose Computer Data or WDCD?
A judicial warrant authorizing the disclosure of specified computer data under the conditions of the Rule on Cybercrime Warrants.
25
What is a Warrant to Intercept Computer Data or WICD?
A judicial warrant authorizing specified interception of computer data under the conditions and safeguards prescribed by the Rule on Cybercrime Warrants.
26
What is a Warrant to Search, Seize, and Examine Computer Data or WSSECD?
A judicial warrant authorizing specified search, seizure, and examination of computer data or related systems under the applicable rule.
27
What is a Warrant to Examine Computer Data or WECD?
A judicial warrant authorizing forensic examination of computer data lawfully obtained through means covered by the Rule on Cybercrime Warrants.
28
Why is a lawful basis required before investigators access private computer data?
Computer data may be protected by constitutional privacy rights and statutes requiring judicial authorization or another recognized legal basis.
29
What is forensic imaging in digital investigation?
The creation of a forensic copy of digital storage media using procedures designed to preserve and verify relevant data.
30
What is a bit-for-bit forensic image?
A copy reproducing the data at the bit level from the selected source or acquisition scope, subject to technical limitations.
31
What is a cryptographic hash value?
A fixed-length output produced by a cryptographic algorithm from input data, commonly used to help verify digital evidence integrity.
32
What is the purpose of comparing hash values before and after evidence transfer?
To help determine whether the compared digital data remained unchanged during handling or transfer.
33
Does a matching hash value independently prove that digital evidence is authentic?
No. It supports data integrity but does not independently establish the source, authorship, lawful acquisition, or truth of the contents.
34
What is a write blocker in computer forensics?
A device or software control intended to prevent modification of source storage media during appropriate forensic acquisition or examination.
35
What is volatile digital evidence?
Data that may be lost when a system loses power or changes state, such as certain memory contents and active process information.
36
What is nonvolatile digital evidence?
Data stored in media that ordinarily retains information without continuous power, such as solid-state drives and hard disks.
37
What is metadata in digital evidence?
Information describing other data, such as file creation times, modification records, device details, or communication attributes.
38
Why must digital timestamps be interpreted cautiously?
They may be affected by time-zone settings, incorrect system clocks, synchronization errors, or later modification.
39
What is a forensic acquisition log?
A record of the tools, methods, personnel, dates, times, settings, and relevant results of a digital evidence acquisition.
40
What is the purpose of preserving original digital media when practicable?
To maintain a reference source for verification, reexamination, and evaluation of the integrity of forensic copies.
41
What is a logical acquisition in digital forensics?
Collection of selected files, records, or data accessible through the operating system or another logical interface.
42
What is a physical acquisition in digital forensics?
Collection of data at a lower storage level, potentially including areas unavailable through ordinary file-level access, depending on the device.
43
What is the purpose of maintaining chain of custody for digital devices?
To document possession, transfers, access, and handling so the identity and integrity of the evidence can be evaluated.
44
What is the investigative significance of an IP address?
It may help identify a network connection or service endpoint at a particular time but does not by itself establish the identity of the person using it.
45
What is the investigative significance of an internet service provider's subscriber record?
It may associate an account or service with identifying information, subject to verification and lawful disclosure requirements.
46
What is the difference between attribution to a device and attribution to a person?
Device attribution links activity to equipment or an account; personal attribution requires evidence identifying who actually performed the activity.
47
Scenario: Investigators obtain a forensic image and its hash matches the source image's recorded hash. What does this support?
That the compared data are consistent at the time of hashing, not that every statement within the data is true.
48
Scenario: An investigator identifies a suspect solely because an unlawful transaction originated from the suspect's household IP address. What remains to be established?
Who actually used the connection or device, whether the records are reliable, and whether other evidence supports personal responsibility.
49
Scenario: Officers want to intercept private computer communications without judicial authorization or another lawful exception. What is the principal concern?
Potential violation of constitutional privacy protections and the statutory and judicial safeguards governing interception.
50
Scenario: A seized laptop contains encrypted data, and investigators already have lawful custody of the device. Does physical possession automatically authorize unrestricted examination of its contents?
No. Examination must remain within the authority granted by applicable law, consent, or a valid judicial warrant.
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