Tuesday, October 2, 2012

Supreme Court: No TRO on Cyber Law


Netizens beware. Republic Act No. 10175 or the Cybercrime Prevention Act, which among other things provides for blocking certain computer data and for longer prison terms for those found to have committed libel, is now in effect.
The cybercrime law becomes effective starting Wednesday because the Supreme Court has not issued a temporary restraining order  sought by various individuals and groups opposed to the new law.
“The Supreme Court did not issue a TRO in the Cybercrime Prevention Act of 2012 petitions which are up for further study,” said Ma. Victoria Gleoresty Guerra, acting chief of the high tribunal’s public information office.
The justices held their regular full court session Tuesday with 10 justices in attendance. Guerra said four justices were absent—Diosdado Peralta, Lucas Bersamin and Mariano del Castillo were attending a conference in Croatia, while Roberto Abad was on personal leave.
Justice Secretary Leila de Lima said RA 10175 would take effect even if it did not have implementing rules and regulations (IRR).
“Effectivity of that law is not conditioned upon the adoption of the IRR and the setting up of the Office of Cybercrime. No legal impediment for the law’s implementation, given the absence of a TRO or injunction,” she said in a text message to reporters.
Seven petitions have been filed in the high court questioning the constitutionality of several provisions of the new law and asking it to issue a TRO.
The law raises to more than 14 years in prison the cumulative penalties for a single act of online libel. It also guarantees imprisonment as the accused is ineligible for probation.
Most disturbing
Fr. Joaquin Bernas, a lawyer, described as “most disturbing to many”  Section 19, which says: “When  computer data [are] prima facie  is found to be in violation of the provisions of this Act, the DOJ [Department of Justice] shall issue an order to restrict or block access to such computer data.”
The petitions were filed by Sen. Teofisto Guingona III, Alab ng Mamamahayag party-list group, businessman Louis Biraogo, a group led by lawyer Harry Roque and columnist Ellen Tordesillas, cyberlaw experts led by lawyer Jose Jesus Disini, a group led by Representatives Raymond Palatino of Kabataan and Antonio Tinio of ACT Teachers, and another group led by Bagong Alyansang Makabayan and National Artist for Literature Bienvenido Lumbera.
Guingona said he was disappointed that the Supreme Court deferred the hearing of the petitions.
“I respectfully ask the high tribunal to resolve the issues and act on the petitions immediately to prevent further harm to our cyberusers. The implementation of the law will take back our citizens to the Dark Ages where freedom of speech and expression was not recognized,” he said.
Guingona said he would continue to be with the citizens and Internet users in “this fight to ask the Supreme Court for a temporary restraining order and to finally repeal some vague and oppressive provisions of the newly enacted law.”
“Let me say this once again, the state has no right to gag its citizens and convict them for expressing their thoughts. The Philippines is a democratic country,” Guingona said.
“The Filipinos should never be left to cower on the sidelines—their thoughts and voices should not be shackled by fear and intimidation. The people should not be afraid of its own government,” he added.
Palatino also decried the Supreme Court’s inaction on the petitions. “To that we say, absence makes the Internet grow darker,” he said.
He was referring to online protests against the law, which consisted of blacking out websites and profile pictures in social networking sites.
Black placards
As the justices met, about 100 members of the Philippine Internet Freedom Alliance (Pifa), composed of different organizations of netizens and bloggers, staged a “silent protest” in front of the Supreme Court building on Padre Faura Street in Manila to show their opposition to the law and to call on the justices to issue a TRO.
With their mouths covered with black electrical tapes, the protesters carried plain black placards and a huge streamer printed with the words, “Stop Cyber Martial Law.”
“The cybercrime law is undemocratic and has negative implications on the right to free speech and privacy. The cybercrime law is testing our country—whether we’re truly a democracy or just a democracy on paper,” said Red Tani, president of Filipino Thinkers, a member of Pifa.
Ayeen Karunungan, council member of Dakila-Philippine Collective for Modern Heroism, said it was ironic that while the country was commemorating the 40th year after the declaration of martial law and crying “Never again!” the cybercrime law was signed.
“Real democracy allows the right to free speech as it is fundamental in people’s participation in governance. Enacting the law is the death of that right,” Karunungan said.
Pifa has called on people who could not attend street protests to do “an online blackout” of their websites and social media pages.
On Facebook, some members have replaced their profile pictures with black screens and logos protesting the cybercrime law. Others posted “shaded” comments to demonstrate their fears of possible government censorship of online activities.
Seeking amendments

As online protests intensified, lawmakers moved to amend the cybercrime law on the eve of its implementation.
Sen. Francis Escudero, who earlier admitted to missing the inclusion of libel in the new law when he voted in its favor, on Tuesday filed a bill seeking to repeal the provision.
“[With] today’s modern technology, the crime of libel does not only prove antiquated but to the contrary even overarching as a state tool to restrain freedom of speech,” Escudero said in his explanatory note in Senate Bill No. 3288.
Escudero said this was evident in the passage of the cybercrime law which broadened the coverage of the crime of libel to include even those with the use of “computer system or other similar means that may be devised in the future.”
“This must never be countenanced if only to remain consistent with the constitutionally prescribed freedom of the press,” Escudero said.
Online petitions
The delay in the high court’s  decision on the petitions will give other groups an opportunity to file a similar suit.
Pifa said it would file its petition against RA 10175 on Monday.
The National Union of Journalists of the Philippines said it would file a separate case. It posted its petition online (http://www.nujp.org/no-to-ra10175/) to solicit signatures from individuals and organizations.
Kabataan party-list group set up an online petition (http://www.change.org/petitions/junk-the-cybercrime-prevention-law) calling on President Aquino, Congress and the Supreme Court to junk the law. It had gathered 36,000 signatures as of 4 p.m. Tuesday.
In the House of Representatives, Bayan Muna Rep. Teodoro Casiño and Palatino filed a bill also seeking to repeal several provisions of the cybercrime law.
One degree higher
Casiño said one of the threats in the new law came from Section 6, which says that all offenses defined under the Revised Penal Code (RPC) and special laws, such as libel, committed through information and communication technologies, shall be charged with a penalty one degree higher than that provided in the code.
“By imposing a penalty one degree higher than what had been stated in the RPC on libel, longer prison terms are guaranteed for persons found to have published or posted material containing libelous remarks online,” Casiño and Palatino said in the explanatory note.
The lawmakers also assailed the provision that allowed government agencies to disclose, preserve, search, seize and destroy computer data.
The law, they further said, would have a “chilling impact” on bloggers, online journalists and other Internet users because websites could be taken down without due process.
Casiño said amending the law would bring it back to its original intention of combating websites on child pornography, data and identity theft, and other Internet scams.
One of the House authors of the law, Aurora Rep. Juan Edgardo Angara, said he was open to discussions about amending the measure. He said he was amenable to making penalties for libel civil rather than criminal.

Cybercrime protesters use black as a profile picture in Facebook and other Social Networking Sites


Social networking sites were replete with black profile images Tuesday as Filipino netizens participated in an online protest against the Cybercrime Prevention Act.
The Inquirer Group also joined the protest by changing its current profile pictures on Twitter with a solid black image.
Dubbed “Black Tuesday,” the protest was initiated by the Philippine Internet Freedom Alliance (Pifa) as part of efforts to stop what it called “Cyber Martial Law.”
“Respect our right to free speech, privacy and information,” Pifa wrote in its campaign, followed by the tag line, “Prevent dictatorship. Protect democracy.”
Some 100 members of Pifa also staged a “silent protest” at the Supreme Court to oppose the law and to call on the tribunal to stop its implementation.
Some protesters turned to hacking. The website of a unit of the Philippine National Police was the latest victim of computer hackers, who have been attacking government websites in protest of the cybercrime law.
Other websites earlier defaced were those of the Intellectual Property Office of the Philippines, Bangko Sentral ng Pilipinas, Metropolitan Waterworks and Sewerage System, American Chamber of Commerce of the Philippines, Philippine Anti-Piracy Team, Department of Environment and Natural Resources in Region 3, Institute for Development and Econometric Analysis, and the Department of Health’s antismoking program.
Street protests were conducted in Mindanao. Members of militant groups in Davao City on Tuesday morning momentarily stopped traffic as they lay down on a portion of the road to protest the cybercrime law.
Sheena Duazo, secretary general of Bagong Alyansang Makabayan (Bayan), said the protest was in sympathy with petitions in the Supreme Court questioning the law’s constitutionality.
Bearing placards that read, “Junk the cybercrime law of Aquino,” “Defend press freedom,” “cybercrime law, an e-Martial Law,” youths symbolically “gagged” their mouths with yellow strips of cloth marked, “no to cybercrime law.”
Some of the protesters chanted, “salot (plague),” beating drums and whistling in a minute-long noise barrage in front of Ateneo de Davao University on Claro M. Recto Street.
Duazo said her group wanted the entire law, not just certain provisions junked, because its main purpose was to repress conscious or unconscious criticisms of the government.
A group of Davao journalists circulated a petition protesting the law.
The group said the law violated  freedom of expression, the constitutional guarantee of protection against double jeopardy, due process, and the privacy of communication and correspondence because it allowed real-time collection of traffic data, effectively, a surveillance without warrant.
Many Filipino netizens heeded Pifa’s call on Facebook and Twitter to bring down their profile images and turn them into black.
Instead of words, some put a black bar as their status message, followed by [POST BLOCKED], an apparent simulation of censorship, which some fear the law would bring about.
The discussion on Twitter catapulted #NoToCybercrimeLaw and #blacktuesday among the top trending topics in the Philippines Tuesday.
“It’s no longer more fun in the Philippines starting [today],” user @cessymeseed tweeted.
“Anong problema ng gobyerno? Uunlad ba tayo diyan?” asked user @NeilPacheco.
User @julangot offers a suggestion: “What if we ALL say something bad about the government? Let’s see if they can arrest us all.”
“Mas mahalaga ang isang batas na siyang magbibigay daan sa transparency sa pamahalaan,” tweeted user @itosiGuienGarma.
“This is reminiscent of martial law,” said user @aybahalANA

Sunday, September 30, 2012

Cebu Dancing Inmates performs "Gangnam Style"



The Cebu convicts who became famous for dancing to Michael Jackson’s hits have added South Korean spice to their repertoire, with a performance of the popular “Gangnam Style” rap.
A video posted by prison authorities on YouTube showed about 1,000 inmates of the Cebu Provincial Detention and Rehabilitation Center clad in orange uniforms doing the horse-riding dance made famous by South Korean rapper Psy.
The lead dancers in the center wore black shirts and mimicked the artist, whose recent appearances at the MTV awards in Los Angeles and on other US talk shows have lifted his song into the top 10 of the US charts.
The inmates performed in the prison court yard for visitors at the CPDRC amid heavy rain, and the four-minute clip was uploaded to Youtube Saturday.
The GMA network said more than 1,000 visitors watched the dance, the inmates’ first public performance since February when authorities stopped the shows due to violence at the jail.
The convicts became an Internet sensation in 2007 after jail authorities posted a recording of them doing the zombie dance from Jackson’s “Thriller” music video, which registered more than 42 million hits on YouTube.
InterAksyon.com

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