Stop Cyber Martial Law

My wife compiled some links regarding the Cyber Crime Law while we did research on the subject. Might be helpful for people who want the information all in one place. Links to sources provided.

Read Republic Act No. 10175, also known as the Cyber Crime Prevention Law:

http://www.gov.ph/2012/09/12/republic-act-no-10175/?fb_action_ids=4350506956930&fb_action_types=og.recommends&fb_source=aggregation&fb_aggregation_id=288381481237582

Black Tuesday: The event that encouraged protesters to rally outside Supreme Court while the bill was supposed to be deliberated, and asked Facebook supporters and websites to black out their profiles:

https://www.facebook.com/events/178101128993797/

NO TRO FROM SC: Efforts to delay the law becoming real failed as the Supreme Court issued no Temporary Restraining Order.

Despite the seven different and separate complaints against it, the implementation of the controversial Cybercrime Prevention Act of 2012 will still push through as scheduled.
 
This was after the Supreme Court on Tuesday decided not to take a vote on whether to grant several petitioners request to issue a temporary restraining order against Republic Act 10175 because a number of justices skipped the regular weekly en banc session.
 
“The SC did not issue a TRO in the Cybercrime Prevention Act of 2012 petitions which are up for further study,” said SC spokesperspn Ma. Victoria Gleoresty Guerra in a statement sent to media in the afternoon.
 

The en banc decided to take up the matter in next week’s full court session instead.

http://www.gmanetwork.com/news/story/276460/scitech/technology/no-tro-from-sc-vs-cybercrime-law-for-now

LIBEL CLAUSE: New Law has a generic but potentially stifling libel clause

10 Terrifying Things About the Cybercrime Prevention Law

1. It only wants to hear nice things. “Your tweet about the barangay captain who loves San Miguel more than his job? That could be classified as libel

2. It champions the dead by asking the living to shut up.“You would also be committing a crime if you “blacken the memory of one who is dead.” So, what happens if the person who died was a criminal who molested kids, backed a law that resulted in thousands of people being tortured, or killed journalists

3. It’s so “special” that it hurts. “So, even if you’re kidding around by using somebody’s name as a verb or noun to signify not-too-admirable acts (Noynoying, Sottomy, etc), you could get arrested.

4. It’s a time traveler. “So, that scathing post about your ex that you put up way back in 2004? You could end up going to jail for that.”

5. It’s outdated.“The Philippines’ libel law, enacted during the American colonial period and intended mainly to stifle dissent, continues to consider the offense a criminal act. Media organizations contend the law on libel has most often been used by people in power to harass journalists and muzzle critical reportage.”

6. It won’t like you liking what it doesn’t like.“Those who play a part in unwittingly or willfully encouraging the spread of libelous content shall be charged for abetting libel. That means the act of clicking the “Like” button of Facebook or retweeting posts on Twitter may be tagged as unlawful as well.

7. It’s prudish.The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.” However, what if cybersex is done by two consenting adults? If a woman sends a picture of herself eating ice cream in a suggestive manner to her boyfriend, will she be sent to jail if someone rats her out?

8. It shits on wit. “You don’t have to directly call someone a liar and a thief to get sued for libel. It’s enough to suggest it or state it sarcastically—as long as you do so in a public manner like posting on the Internet.”

9. It won’t play fair.“No court intervention is needed, the DOJ can go right ahead and compel you to stop publishing your posts.

10. It’s got killer penalties. (read entire article and what those 10 things mean here)

“Senator Tito Sotto proudly owned up to the fact that he was responsible for inserting the libel clause into the law. Senator Chiz Escudero called the insertion a “mistake” and has said that he’ll move to have the law repealed. Meanwhile, Senator TG Guingona (along with the other senators who didn’t back the law) continues to be against the law. For its part, Malacañang said President Noynoy Aquino thoroughly reviewed the law before he affixed his signature to it—a fact which strikes some people as strange.

For the record, the following senators voted to pass the law:

  1. Sen. Tito Sotto
  2. Sen. Bong Revilla
  3. Sen. Manny Villar
  4. Sen. Lito Lapid
  5. Sen. Koko Pimentel
  6. Sen. Jinggoy Estrada
  7. Sen. Loren Legarda
  8. Sen. Chiz Escudero
  9. Sen. Ping Lacson
  10. Sen. Gringo Honasan
  11. Sen. Pia Cayetano
  12. Sen. Bongbong Marcos
  13. Sen. Ralph Recto

http://www.gmanetwork.com/news/story/276434/scitech/socialmedia/digital-martial-law-10-scary-things-about-the-cybercrime-prevention-act-of-2012

NEW SITES TO PRESSURE LAWMAKERS: Philippine Internet Freedom Alliance and The New Media came out with another site: Internet Freedom (www.internetfreedom.ph).

Digital marketing professional and blogger Carlo Ople said in an online interview, “We want to pressure Senators to amend/repeal the Cybercrime Law.”
 
The site is an interactive portal of senators for and against the Cybercrime Law. The webpage shows photos of Senators who voted for the Cybercrime Act to be passed. It also shows who among them publicly announced their support for the campaigns to amend or repeal the law.
 
Ople, also editor-in-chief of The New Media, said that they will update the site once a senator said that he or she would support the campaign. As of posting, Senators TG Guingona, Francis Escudero and Pia Cayetano have already expressed their support toward these actions.
 
Each photo of the senators is linked either to the Facebook or Twitter account of the official, “(S)o people can tweet or message them on Facebook so that they can rethink their positions,” said Ople.

Internet Backlash:

‘Anonymous Philippines’ on a hacking spree

Anonymous Philippines’ message to Cybercrime Law Supporters:
http://www.youtube.com/watch?v=QFBaapdoKrY

Transcript:
Hello Philippines, we are anonymous.
The Cybercrime Prevention Act of 2012 poses serious threats to Internet freedom, the right to privacy and other essential civil liberties including the freedom of speech, expression, and the press.
As you can see, the worst thing you can do about the country is being blind to its own diseases. Are you trying to console yourself in thinking that we a good government with no flaws? No.
For too long corporations and the government believe they have the right over people, as though we were pieces of property and information to be handled for profit.
The government dont know anything about the internet. Did they really think they can control the internet with just this? Discipline the internet? Really? Did they think everyone in the internet are within their jurisdiction? Not everyone in the internet is a Filipino citizen that they can “punish”. The internet is way bigger than what they believe it is.
People from around the world will just look down on us Filipinos because of this sort of ignorance. I am so embarrassed to be under this government right now.
You want to see Anonymous rise up?
Try to shut down the message.
Try to squash the message.
Try to chill our speech.
Then you will see what Anonymous can do.
If speaking up against idiocy in government and unconstitutional amendments is a crime, then we are proud to be a cyber criminal.
We are anonymous.
We are legion.
We do not forgive.
We do not forget.
Expect Us.

Plagiarists could shoot themselves in the foot:

De Lima stressed plagiarism also becomes a criminal act when “committed in the form of online piracy by using the Internet or other telecommunications networks and the same act constitutes copyright infringement.”

She said these provisions in the two special penal laws are covered in the new cybercrime law.

De Lima, however, clarified they do not apply to copying of news items or any work of the government.

Apart from identifying the laws that may apply in plagiarism acts, she also gave guidelines on how to avoid criminal prosecution for plagiarism.

De Lima said the public should just avoid copying the works of others, cultivate the habit of attribution, always be vigilant in detecting cases of plagiarism and encourage institutions to adopt anti-plagiarism measures.

The advisory, De Lima added, is part of the DOJ’s “thrust to take a proactive stance and a dynamic approach in criminal justice concerns.”

De Lima issued the legal opinion over a month after Senate Majority Leader Vicente Sotto III was accused of plagiarizing a blog entry in his speech against the Reproductive Health bill.

Sotto had already admitted he was one of the two lawmakers who inserted the libel clause in RA 10175.

While she did not directly point to Sotto, De Lima has, however, criticized certain provisions in cybercrime law that impose higher penalty for libel and give the DOJ authority to order searches and seizures similar to that of a judge.

http://www.philstar.com/Article.aspx?articleId=855364&publicationSubCategoryId=63

Offenses Punishable Under New Cyber Crime Law:

Offenses punishable under Cybercrime Prevention Act are:

Offenses against the confidentiality, integrity and availability of computer data and systems :
Illegal access to the whole or any part of a computer system without right
llegal interception of any non-public transmission of computer data to, from, within a computer system
Data interference such as alteration, damaging, deletion or deterioration of data without right, including the introduction or transmission of viruses
System (computer or computer network) interference
Cyber-squatting or the acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same
Misuse of devices

Computer-related offenses :
Computer-related forgery (input, alteration, or deletion of data) without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic
Computer-related fraud (input, alteration, or deletion of data or interference in the functioning of a computer system) causing damage
Computer-related Identity theft or the acquisition, use, misuse, transfer, possession, alteration or deletion of the identifying information of another person

Content-related offenses :
Cybersex or the engagement, maintenance, control, or operation of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system
Child pornography or the unlawful acts as defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system
Unsolicited commercial communications which seek to advertise, sell, or offer for sale products and services
Libel or unlawful acts as defined in Article 355 of the Revised Penal Code

Others :
Aiding or abetting in the commission of cybercrime
Attempt in the commission of the cybercrime

http://en.wikipilipinas.org/index.php?title=Cybercrime_Prevention_Act_of_2012#Punishable_acts

Added/Updated Oct 3: International Criticism from Forbes

The Philippines Passes a Cybercrime Prevention Act that Makes SOPA Look Reasonable

The dark days of SOPA and PIPA are behind the US, at least temporarily as copyright tycoons reground and restrategize, attempting to come up with measures that don’t cause the entire internet to shut down in protest.

But one country has already moved ahead with similar legislation. The government of the Philippines has passed the Cybercrime Prevention Act, which on the surface, as usual, sounds perfectly well-intentioned. But when you read the actual contents of what’s been deemed “cybercrime,” SOPA’s proposed censorship sounds downright lax by comparison.

http://www.forbes.com/sites/insertcoin/2012/10/02/the-philippines-passes-the-cybercrime-prevention-act-that-makes-sopa-look-reasonable/

Sniffles

Been a bit of a spell since I got to update on here, so if this entry feels terse and fragmented, I’m sorry… but then again, it’s me… so you should really detect no real change.  Huzzah!

June got a little hairy as Jad came down with dengue fever and had to be hospitalized for almost a week.  I had flown down to keep her company as best I could, but the beginning of the rainy season had taken a bit of a toll on me as well — nothing quite as serious, fortunately, but I ended up not getting to stay with her at the hospital as often as I would have wanted, lest I got sicker and became a liability.  That said, my evenings at the hotel were still miserable, but hardly anything compared to Jad’s ailment which, we later discovered, is nicknamed “bone breaking fever.”  They really went out of their way to sugar that one up.

I had bought her a copy of Arnold Arre’s MYTHOLOGY CLASS, and she says it at least took her mind off being sick, if only for precious increments.  With prayer and a whole lot of soldiering on her part, she made a full recovery in a week and celebrated by attacking a happy helping of roast pork.

Brought my flu home with me.  Nothing a week of antibiotics couldn’t handle, but because they were pretty potent peyote-type shaman juice, I couldn’t draw quite as fast as I wanted to because I was getting tremors like a caffeinated mouse in a church bell.  So yeah, work went ouchy.

I hate flu season.  All better now though.

*****   *****   *****   *****   *****

A month after Zuda ended its monthly competitions, they announce that the site itself was shutting down.  PRs and official emails indicate that it’s a decision straight from the higher-ups, made in conjunction with DC’s whole digital initiative.  And while long-running series such as HIGH MOON and BAYOU will be migrated, the newer ones had to be cancelled.  Oh well, them’s the breaks.  More recent interactions at least have DC doing right by us creators, as far as ownership and fair compensation goes.  And I’ll leave it at that.  Heh.

Still talking to Gabe and Matt about Comixology and Graphic.ly.  But I’m currently committing a lot more of my time to 1888 — the first issue of which is nearly half done, as far as line art goes.  Bricks and dead whores, baby!  That’s my suggested alt title, but I don’t think Wolfgang will go for it.  Will keep pushing.  Don’t stop believing.  Heh.

*****   *****   *****   *****   *****

While I was stuck in bed, I got to read a whole bunch of stuff.  Too much in fact, that I’ll just post them as little blurbs instead of my usual “Reading: insert artsy fartsy title here” journal entries…

Scalped (Vertigo)

Sure, Jason Aaron’s Indian Reservation Noir is well into it’s fourth year, but I just got a chance to check it out.  Much like with IMMORTAL IRON FIST and PREACHER, I was late to the party.  But you know what?  I’m glad I was.  Because I don’t think I woulda been able to stand the 30-day wait between issues on this fantastic series.  Someone tell me why this isn’t on HBO.

100 Bullets (Vertigo)

Now this series has been done for a while, but I finally got around to picking up the first three trades coz I’ve been on a weird crime comic spree as of late.  I apologize in advance for the pun, but it’s… hit and miss? As much as the revolving cast keeps things interesting, it also works against the narrative because you cant really invest in anyone.  But I’ll gladly stay in my seat for Risso’s art alone.


I Killed Adolf Hitler (Fantagraphics)

There’s something about the deadpan delivery of this comic that makes it a lot more touching than you expect it to be.  Whatever you’re guessing it’s about based on the title, you’re really only half way there.  The majority of the book is delivered in an 8-panel grid, so there’s a visual immediacy to the story itself, because the pacing really isn’t the point.  And when you get to the end, you’ll get that it’s really a love story more than anything else.


Switchblade Honey (AiT/Planet Lar)

The captain is an asshole and the crew is a mishmash of crack addicts and psychopaths.  Meet the people who will save you from super advanced aliens who see you as nothing more than germs with shoes.  Angry Star Trek.  Warren Ellis.  Go.

The Tres Komikeros podcast will be taking a break after episode 52, which is scheduled for recording this July 17th… coincidentally the same day Jonas Diego is running a 24 Hour Comic Day Challenge.  So we figured… one more show for this season?  We’ll all be at our desks for a whole day anyway.  Fuck it, let’s record a 24-hour podcast.  And that, my friends, is how big decisions are made.  With half-assedness and lots of cursing.  Come listen.  And learn yourself a thing or two… even if it’s only “don’t do it.”

Tres Komikeros 44

John, Alex, and Migs volt in to bring you reviews of Millar and McNiven’s Nemesis #1, Green Lantern #52, and Uncanny X-Men #522! After a round of quickshots, the boys discuss the official news about Evans being Captain America, the Image Guardians of the Globe teasers, and the Scott Pilgrim movie trailer. Lastly, the panel discussion has the boys asking the question: “Which comic character should already die of old age?”

Also look out for the new segment entitled “Spoil Me” interspersed throughout the show. Deal with it, kids.

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Download the episode here

Visit the site

The Thick of Things

“That’s crazy!” was one of the first things my high school classmates at Sacred Heart School for Boys told me when I said I’d be doing indies with some college artists.  Wasn’t as into sports as much as a lot of my friends wanted to think, and wasn’t at all excited when that Dreamcast-thing started making its rounds.  I was the comics nerd in the crew.  Sure, we’d hike over to the all-girls school down the avenue practically every day and engage in ill shit, but when the sun went down… we all still went home and played with our toys.  Take that any way y’all want, heh.  The year was 1999, and I was about fifteen.

Somehow got a graphic design teacher at a local university to take a look at my art — I had recently finished a personal project re-telling the origin of the Thundercats (yes, I was that kid) — and after giving me some constructive crits, he extended an invitation to join a gathering his students were planning.  My old man took me to the meeting, probably worried that the college boys would give the geeky high schooler a hard time.  Turns out the lot of them were worlds geekier than I was.  This was Sukol, my very first taste of the local comics scene.  This is where I met artists before they even became artists, if that makes any sense.  Looking back now, I feel somewhat humbled by it.

Tyke Villalonga (the teacher) was there, giving some last-minute project notes to Alexander Cruz.  To the right of the lecture hall, Michael Dizon, John Paul Vicedo, and Ian Areola were making fun of Vinzon Ngo’s (Bleedman) art.  He deserved every bit of it, the bastard.  A whole bunch of artists were there, but names were never one of my strong points (Right, ladies?).

sukolWhat started out as a gathering of artists eventually became a movement, and we ended up releasing a monthly black-and-white comic, funded by our respectively meager allowances.  We gave these pamphlets out for free, and we didn’t care about ROIs and any of that “responsible” crap coz they were just too much fun to do, and the energy one got from being among fellow artists was just electric.  It didn’t last though.  Eventually some people decided they didn’t care about it anymore, others decided to pickaxe their own way into stardom solo, and the rest sort of just evaporated into creative limbo.  My title, Twilight (yeah… yeah…), which was very Battle Chasers-inspired, sank like a brick.

Then college came around and I went from private catholic school to state uni to take up Political Science; Don’t know if it was pride or a denial thing, but I couldn’t stop what I had already gotten to do.   Somehow convinced myself that this is what I wanted to do, so I kept at it and migrated to Popcorn Comics, a publication apparently inspired by Sukol’s efforts but with wider distribution and actual advertising, owing mostly to Warren Tan’s extensive connections.  But the best part was that the artists actually got paid this time.  This is where I learned became aware of the value of staying on deadline.  I was getting paid to do comics at seventeen.  Shit didn’t get any more real than that.  and here I met Leandro Panganiban, Lloyd Limbaga, James Neish, and Harvey motherfuckin’ Tolibao.  Icelander, my “story” essentially about cavemen fighting aliens (yes, I was a fuckin’ prodigy) saw the light of day.pcThat ended too though, because apparently the market just wasn’t healthy enough for local books, what with people still being burned out by the nineties stunts.   So college went into full swing, and naturally that was a whole different experience in itself… and I may talk about it in the future.  Still, Sukol and Popcorn were both intensely formative experiences for me though — both as a person and as an artist.

My high school friends were right, it was crazy… but I wouldn’t trade the experience for anything in the world.