Thursday, July 27, 2006

Random Thoughts on Cybercrime

Some thoughts on cybercrime:

> Conceptually, it is very timely since more and more people are getting connected through the Internet, and thus more and more transactions are being facilitated, perfected and consummated. Most of the time, the parties to the transactions do not even have to meet, see, hear or even speak to each other -- the Internet does all that for them. Thus, with all these cybertransactions taking place, people should have a legal recourse when any of their rights are violated -- especially when the violation is criminal in nature.

>However, here in the Philippines, the primary code which deals with penal offenses is Act No. 3815 or the Revised Penal Code -- of 1930! How archaic can a law get? Evidently, penal acts or omissions were not contemplated then when this code was drafted. Though the main elements of a crime may be present, cybercrimes have certain characteristics which are peculiar to the situation, which in turn makes the provisions of the Revised Penal Code inadequate to address such acts.

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