Assignment #2 Midterm
| 1. Search, Read and Summarize what have you learned in the following applicable Philippine Laws: a. E-commerce Law Also known as Republic Act No. 8792 or Electronic Commerce Act of 2000, E-commerce law states as an act providing for the recognition and use of electronic commercial and non –commercial transactions and documents, penalties for unlawful use thereof and for other purposes. (http://www.pctc.gov.ph/initiatv/RA8792.htm) Electronic commerce, commonly known as e-commerce or eCommerce, refers to the Internet based industry of buying and selling products or services via electronic means. E-Commerce uses a combination of Internet technology, mobile commerce, electronic funds transfers, escrowing services, electronic data interchange, supply chain management, inventory management systems, Internet marketing, data collection systems, and many other technologies and innovative business systems. Most, if not all, ecommerce transactions use the Internet for at least one point of the transaction. (http://www.hg.org/ecommerce-law.html) b. Anti – cybercrime law Also known as Republic Act No. 10175 or Cybercrime Prevention Act of 2012, Anti-cybercrime law states as an act defining cybercrime, providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes. (http://www.gov.ph/2012/09/12/republic-act-no-10175/) These law is to implement protection in every individual information using computers. All kinds of crime using computer will be punished stated by this law like unethical hacking, scammer, phishing, cyber bullying, online identity theft, software piracy and many more. It will help to let the use of computer and internet will be in good and respected way. c. Article III, Sec. III, Constitution (Privacy Rights) The Article of III of The 1987 Constitution of the Republic of the Philippines, also known as the Bill of Rights. The law stated equal rights or prioritization for every human, the right of people to own anything that they worked for in a legal way, rights of freedom speech, of expression and rights of people to protect their private property and life. d. Access devices regulation act Also known as Republic Act No. 8484 or Access Devices Regulation Act of 1998 states as an act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes. By enacting this legislation, the State recognizes the recent advances in technology and the widespread use of access devices in commercial transactions. (http://wiki.lawcenter.ph/index.php?title=Access_Devices_Regulation_Act_of_1998) Based on my research on Google, these law is more concern about the issuance of credit cards. a. Intellectual property law Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how – or whether – the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or “mark” on their products. An industrial design constitutes the ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods. (http://www.wipo.int/about-ip/en/) f. Civil code Also known as Republic Act No. 386 or Civil Codes of the Philippines states an act to ordain and institute the civil code of the Philippines. (http://www.chanrobles.com/civilcodeofthephilippinesfulltext.html) The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date despite some significant amendments. (http://en.wikipedia.org/wiki/Civil_Code_of_the_Philippines) g. Anti – wiretapping law Also known as Republic Act No. 4200 states an act to prohibit and penalize wiretapping and other related violations of the privacy of communication, and for other purposes. (http://www.chanrobles.com/republicactno4200.htm#.U-ycD_S1ZCY) This law protects the privacy of private sessions or communications, it states that recording using any device or just hearing without the prior permission or authorization by all the parties is a violation of this law. h. Revised penal code Also known as Act No. 3815 or The Revised Penal Code states an act revising the penal code and other penal laws. (http://www.gov.ph/1930/12/08/act-no-3815-s-1930/) The Revised Penal Code criminalizes a whole class of acts that are generally accepted as criminal, such as the taking of a life whether through murder or homicide, rape, robbery and theft, and treason. The Code also penalizes other acts which are considered criminal in the Philippines, such as adultery, concubinage, and abortion. The Code expressly defines the elements that each crime comprises, and the existence of all these elements have to be proven beyond reasonable doubt in order to secure conviction. (http://en.wikipedia.org/wiki/Revised_Penal_Code_of_the_Philippines) i. Cybercrime Prevention Act 2012 This one is under the Anti – cybercrime law, it was implemented on October 2012 but after many petitioners and deliberates, it become inactive or not fully enforce. The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. (http://en.wikipedia.org/wiki/Cybercrime_Prevention_Act_of_2012) 2. Based on the given law, click and read the following articles and discuss : a. What is the ethical problem committed? b. What are the laws that governed this act? c. How this problem will be solved? d. If you are the juror of the case: using Philippine law “how will you solved it”? Support your answer using an article in IT related Philippine law. e. Is there any case similar to the problem on a given article? (link is needed) Article 1: A Jollibee Corporation #chickensad IT problem: a. The IT team whose responsible for the migration of Oracle system to SAP did not plan responsibly and accurately the to-do list that’s why their service cause so much problem in their clients. Also, based on some comments that I was able to read, it seems that they don’t use the standards (ERP) in planning the migration. Also it seems that the reason why Jollibee is transferring to SAP is because they have dispute with the Oracle – I think it I not ethically a valid reason. b. Intellectual property law, Access devices regulation act c. They must plan very carefully, it must done by the experienced professionals, and they must have given enough time so that they will not rush, also, based on the comments by the netizens about this issue, the very good solution if parallel run. d. e. Article 2: ATM Scam in the Philippines a. Syndicates were stealing money from victims by modifying the ATM Machines. It’s natural that what syndicates had done in unethical. b. Revised penal code and Access Device Regulation Act. c. Additional security in public ATM machines must be implemented and also, if there is latest ATM machines that has improved security, then it must be implemented as soon as possible. d. More security for ATM and more year in prison for those who are caught frauding since they’ve violated Access Device Regulation Act and Revised Penal Code. e.Globe Telecom Inc. warned its over 40 million subscribers on the proliferation of text scams that include supposed discount, refund, prizes, stranded relatives and other fraudulent claims but are actually share-a-load transactions. Globe senior vice president for corporate affairs Yoly Crisanto issued a statement advising its mobile customers to take precaution and not fall victim as the company is intensifying its campaign against text scams. The text scams, directed mostly at postpaid customers of Globe, trick subscribers into sending load credits through various fraudulent claims. http://www.philstar.com/headlines/2014/05/21/1325484/globe-warns-subscribers-vs-text-scams Article 3: Hello Garci Cases a. Former President Gloria Macapagal Arroyo cheated in the elections for presidency. Also, the one who record that voice did not respect the privacy of Mrs. Gloria and Mr. Garcillano. b. Anti-wiretapping Law and Privacy Rights. c. When election is coming, the one who are responsible in election must not have any kinds of communications from those who are running for administration. d. Wiretapping is a good evidence to conduct a search whether it is illegal or legal, but based on the article this wiretapped is indeed a great help in our government and confirming about the anomaly in our politics. If i am the juror I will use also the wiretapping. e. Is there any case similar to the problem on a given article? (link is needed) Olmstead v. United States, 277 U.S. 438 (1928), was a decision of the Supreme Court of the United States, in which the Court reviewed whether the use of wiretapped private telephone conversations, obtained by federal agents without judicial approval and subsequently used as evidence, constituted a violation of the defendant’s rights provided by the Fourth and Fifth Amendments. In a 5-4 decision, the Court held that neither the Fourth Amendment nor the Fifth Amendment rights of the defendant were violated. This decision was later overturned by Katz v. United States in 1967. http://en.wikipedia.org/wiki/Olmstead_v._United_States |
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