[Mirror] Atienza, Mark Cholo

Summer 2012


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.

Using Social Media for Hiring Employees

As an employer, you want to hire someone who is competent, responsible and qualified for the job. Most people nowadays has Facebook, twitter , LinkedIn, blog account. Some resume has a facebook link with it or the employer requires to fill up some social network profile.

Innovation through hiring is like innovation on how to recruit, most of the company today post their advertisement through internet by posting job opportunities online, so why not use the social media to recruit when the company itself use it to find employees.

In other countries like United States, it a common practice to recruit using Social media Networks. LinkedIn is an interconnected network of experienced professionals from around the world, representing 170 industries and 200 countries. You can find, be introduced to, and collaborate with qualified professionals that you need to work with to accomplish your goals,” states the company’s website. That is the corporate way of saying they are a giant jobs board and you can connect to other professionals. There are over 65 million professionals on LinkedIn.

Facebook is the largest of the social networking sites with over 400 million users. Facebook is a social utility that connects people with friends and others who work, study, and live around them. It is intended to connect friends, family, and business associates. The model has expanded to include connections to organizations, businesses, and interests — not just individual people.

Twitter is a microblogging social networking service. Messages, better known as tweets, are no more than 140 characters. According to their website, “Twitter is a simple tool that helps connect businesses more meaningfully with the right audience at the right time.

Every job nowadays involves computer and internet related work, having an online account and profile is a prima facie evidence that you are capable, competent and has the knowledge to perform the necessary job involving internet related task.

I dont think its a discrimination but more on innovation on the ways on how to recruit people.

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