Friday, May 4, 2012

Cyber Attack


Disclaimer: This is in compliance with the requirements in the subject Technology and the Law. It shall not be used in any manner other than for classroom purposes only.

Hackers claiming to come from China defaced the website of the Philippines' top University. A screenshot of the defaced website, 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.