It has been a hot issue recently on the net about the alleged defacement of a foreign national in our government websites. A website defacement is an attack on a website that changes the visual appearance of the site or a webpage. These are typically the work of system crackers, who break into a web server and replace the hosted website with one of their own. It is apparently appalling and offensive act.
The question boils down on whether or not a foreign national is liable to such act. How can he be liable when our law in general is territorial in nature? Is there an extradition treaty between the two countries? Exempli gratias People’s Republic of China and Philippines? Is the offense charged extraditable?
It is open and wide as our eyes can see that there is a violation committed by that foreign national. Although our law is limited only in our jurisdiction some other laws may apply like the the Budapest Convention on Cyber crime which was created to create a common criminal policy on computer and internet crimes and to build international cooperation among countries. In order for him to be held liable he must be identified with certainty since internet technology has variety of tricks to deceive or hide their true identity on the net.
If there is an extradition treaty by and between them then that person can be extradited here otherwise the treaty would be render useless.
Retaliation is strongly not recommended. As being matured Filipinos who have gone and survived many conquerors and conquered independence should show that we are civilized in handling matters like this. This issue can be tackle in a peaceful and diplomatic means. We should uphold the law instead and allow this case to prosper in a proper court so that it will serve as a basis or jurisprudence when it is needed. Let us show to the world, though we are still a developing country, that we are a law abiding nation. In this way we can avoid arm conflict and drag some allied countries in our predicament. As being civilized nation let us not aggravate the issue instead use the tool that could settle the differences swiftly. Let not there be a World War III for it means ” end of the world”.
Although we are in the modern era the utilization of social media and internet tools in hiring applicants are still not essential and effective in accepting an applicant. Even with the rapid development of social media technology it continues to fail to fend off from security breaches.
It is very difficult to divulge confidential information in the net because of its poor security. That is why most of net users tend to make fictitious names or aliases. They tried to hide themselves with the use of other names and information.
It is unsafe for the reason up to now there is no international or local law regulating the use of it. What can be the legal remedies of the person aggrieved when he is defrauded with the use of social media? To whom can they turn to for their grievance?
Using social media on the internet in hiring applicants is still in the infancy stage. There are lots of things to do to improve its security and services. But it is not impossible for social media and internet tools to be use in hiring applicants because certainly there will be many companies who will invest and provide better security and services. It is a billion dollar industry that any businessman could not fail to endow.
Can companies and/or institutions use internet search tools and access to social media accounts in determining the most suitable candidate?
It is highly improper for a company to look into someone’s account to gather information because that would mean invading someone’s private privacy because that would mean divulging him of his personal information such as age, religion, and relationship status. It is also unethical to rely on information found on the internet in making hiring decisions.
They may however rely on it but only for prescreening purposes only not the basis for the qualification on the possession desired because what might appear on their information are the false curriculum vitae. While others are being honest they are not hired because in the view of the employer they lack of that skill but in reality that individual is fit for the job. Discrimination certainly is inevitable because employers will be judging according to what appears on the information provided by the deceitful applicant.
Nothing beat the traditional way of hiring employees because one could see the demeanor, sincerity and integrity of an applicant. Social media is advisable only on a prescreening stage of hiring employee but not as the actual basis for employing one. Unlike the interview process, there is no personal connection when sifting through information found on the internet and therefore there is a greater likelihood for the information to be taken out of context or misused. In many cases, the information used to determine the suitability of a prospective employee had little or no bearing on their ability to adequately complete the work. In fact, 8% of the potential employees that were rejected as a result of information found on search engines and networking sites were rejected because their screen name was unprofessional.
Even factual information on the internet can be taken out of context and relying on it can lead a person to make false conclusions. It is unfair and unethical to base hiring decisions on false or irrelevant information. Therefore, using the internet to conduct pre-employment screening is unethical on the basis of fairness.
Therefore companies and or institutions that uses internet search tools and access to social media accounts in determining the most suitable candidate is not helpful and efficient to a ever growing and fast pace global economy. Internet in this sense is not that too helpful.