Dozens of countries, companies, and organizations have had their computers systematically hacked over the past few years. Usually these perpetrators do not get punished due to insufficient laws internationally regarding cybercrime. Some countries do not have an action with regard to being hacked and they just let them be without seeing the consequences and violations that has occurred. With the defacement of the Chinese towards the University of the Philippines website, how would we make them liable?
In the Philippines, we have RA 8792 or also known as AN ACT PROVIDING AND USE OF ELECTRONIC COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS, PENALTIES FOR UNLAWFUL USE THEREOF, AND OTHER PURPOSES. With the action of the Chinese hacking to the University of the Philippines website, I believe that they may be charged with Sec 33 which states:
Penalties. – The following Acts, shall be penalized by fine and/or imprisonment, as follows:
Hacking or crackling with 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 documents shall be punished by a minimum fine of One Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
However, since the crime was committed in China, does the Philippines have jurisdiction over them? I believe we do by applying the “objective territorial jurisdiction principle”. According to Public International Law, this principle is an extension of the territorial principle, which a state has jurisdiction over an act that started abroad but was completed in its territory. A widely-accepted illustration from the International Law book by Isagani Cruz states that a man who fires a shot in State A and kills somebody in State B just across the border. State B would have the objective territorial jurisdiction because the shot took effect within its territory. With this logic, I believe we can apply this to our situation where the Chinese nationals from China hacked the University of the Philippines website in the Philippines, Thus punishing them with Sec 33 (a) of the RA 8792.
TOPIC: SHOULD SOCIAL MEDIA AND INTERNET TOOLS BE ESSENTIAL IN THE ACCEPTANCE OF AN APPLICANT?
As the popularity of social networking has soared, there has been a significant increase by business companies in the use of these tools in the hiring process. The business companies use these tools to learn about the applicants as an additional means to help the company to ensure its stability. Some of the most popular social networks would be Facebook and Twitter. In the different parts of the world, business companies use this process as the basis of hiring their employees. The process would be that before an applicant gets accepted as an employee, the employer will check the background of the applicant through his/her account in the social networks.
Standing in a government and conservationist position, this would be a great process in ensuring the stability, protection for a business company and also the for the benefit the economy. The main benefit of using this process is it lessens or protects the employer from liabilities. . An employer may be vicariously liable for the discriminatory acts of its employee towards another. There are circumstances where employees could give rise to liability on the part of the employer for intellectual property rights infringement, defamation or breach of confidence or breach of data protection legislation. A business company may be sued easily through the actions of an unethical and immoral employee. With this process of recruitment, the employer may screen and investigate an applicant’s behavior or past activities through these social networks that would be detriment to the company. In addition, I believe that this process would reduce hiring risk and make more informed decisions by the employer. Under the constitution of the Philippines:
ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the under-privileged.
In my perspective, this an adequate substitute for a quality background check through a reputable provider. The government must implement this process because good business companies would likely result to a better economy growth of the country. Better economic growth would lead for the betterment of the life of the people.