[Mirror] Rante, Aaron Cesar

Summer 2012

Cyber Attack

Hackers claiming to come from China defaced the website of the Philippines’ top University. A screenshot of the defaced website, http://www.up.edu.ph, showed a map with Chinese script that highlighted islands in the South China Sea that are claimed by the Philippines and China.

“We have come from China! Huangyan Island is Ours,” the map’s caption read

Huangyan is the Chinese name for the Scarborough Shoal, were the two countries have vessels stationed for nearly three weeks in a standoff to assert their rival claims to the area.

The question is can we make them liable for the act of defacing Philippine websites?

R.A 8792 , otherwise known as the ” Electronic Commerce Act” defining and penalizing among others hacking and cracking computer systems. Under section 33 of the law Hacking or crackling 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 the information and communication system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alternation, theft or loss of electronic data messages or electronic documents with a minimum fine of One Hundred thousand pesos (p100,000.00) and a maximum commensurate to the damages incurred and a mandatory imprisonment of six (6) months to (3) three years.

It is clear that we have a law that can be subject to legal basis if we want to argue whether or not we can make this hackers liable. It was an unauthorized access to corrupt a particular computer system without the knowledge of the owner and there was a direct bypass to the security mechanism of the University of the Philippines computer system. The answer is definitely YES we can make them liable but we should have jurisdiction over those who committed the crime, such events must be dealt in accordance with the principles of public international law which can help the two countries settle the dispute regarding the matter. If our country have came up with the kind of law that protects information in the web then i think they are also capable of amending the law, make improvements and widen the scope of security to assure our safety in accessing our own websites. Hackers have been around for too long and has a wide area of capability in destroying computer systems, in our case it serves as warning that China is capable of doing many things that will allow them to rise among others the best way that we Filipinos can do is not just improve our network but to change and challenges ourselves that we can do better and prove them wrong.

Walk your Talk

Should social networking activities can be a basis if an employee is still fit to perform as part of the company.

You never know where your career will take you or who you will encounter along the way. Even if you know that you are not going to stay in a job for very long, treat it as your lifelong position because your co-worker will always remember the impression you gave them while you were working with them and you never know when one of them might be in a position to hire you for your dream job down the road. For that matter, you never know when you will need a recommendation or even if you will ever actually be able to leave the job in the first place. Never put your self in the position of being fired just because you expect to be able to quit.

Social networking activities is an extension of ones lifestyle or an individuals profile. It is were different kinds of people connect and share interests with regards to whatever they feel suitable to their environment. People post certain emotions in particular to work related feelings. Employees are sometimes bored during working hours that is why they tend to post statuses like “F*ck this job” or “I hate my Boss”. This are only samples of post which i think a way only to express their feelings or voice out their views but not to offend someone else or disrespect company policies.

I don’t think this social networking activities can be a basis of whether a person is fit to continue on his employment in a particular company mainly because there is no law to support that if an employee is unfit to perform his duties this social networking activities can be use against them. Second is that under valid termination of an employment here in the Philippines it only comprises five (5) just causes for an employee to be terminated.

  • Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
  • Gross and Habitual neglect by the employee of his duties;
  • Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
  • Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and
  • Analogous or similar cases

Why did i include Labor law on valid termination of employment? simply because if an employee is unfit to perform his duties and responsibilities in a company, employers primary resort will definitely be termination thus under those five given just causes I don’t think social networking activities can be used as to whether an employee is fit to continue his employment for social networking activities are clearly not stated among this just causes.

It is you opportunity to walk your talk. To achieve the end you desire, you need to understand what you bring to the table and create an effective image to get you on the right track.

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