Thursday, January 10, 2013

MAGNA CARTA FOR INTERNET



Towards the end of the 20th century, the world exponentially changed because of the advancement in technology. From telegram, telephones, radio, cell phones to the invention of the Internet, communication has been easier like never before and different types of information can be accessed anytime wherever you [1]are. Business transactions became easier as well as personal communications and it has opened a wide range of possibilities that made it possible to create somewhat a duplicate world of electronic space.
Undeniably, the Internet is a very useful tool for communication and information gathering and dissemination, a useful tool for business, education and a lot more. But as useful as it can be, it has evidently posted several threats not only to the private lives of individuals but as well as to public institutions and even to some states of nations by nature of cyber hacking, bullying, stealing identities and or of private information, piracy and many more.
With these realities that we now face in the usage of Internet, there have been many efforts to regulate Internet use throughout the world. But as we all know the Internet is a complex intertwine of different networks from all over the world. It has no core author and it’s so complex that regulating interactions might be seriously difficult.
But despite this circumstance, there have been a lot of efforts to put restrictions in this chaotic space. In the Philippines, we have the Electronic Commerce Act RA 8792, Data Privacy Act RA 10173, Public Telecommunications Policy Act RA 7925 and the recently passed and suspended Cyber crime Prevention Act RA 10175 of 2012 which have gained attention towards its passing. Right now its implementation has been suspended because of human rights issues and its provisions about cyber libel.
On the effort to lobby better legislations for Internet regulation, another bill is introduced to the congress.“The Magna Carta for the Philippine Internet Freedom”by Senator Miriam Defensor Santiago. Is this a better law for the Internet? Would the Filipinos graciously adapt this law or would it again post unconstitutionalities and or violations against human rights? Let’s examine this bill and find out if it is necessary to pass an Internet law right now in the Philippines or should we let the status quo as it is.
            Generally, the bill is about the rights of “Netizens”, cyber defense, cyber security and the Rules and Regulations that would govern the use of the Internet.Somehow, Filipinos have expressed their belief that it is possible to regulate the Internet provided that their freedom of expression and privacy will not be compromised.
            Chapter 2, Section 3, paragraph 21 defines cyber intelligence as “the collection of plans, policies, programs, measures, mechanisms and weapons designed to defend the Philippines from cyber attack”. Does cyber intelligence in its process include the power of the authorities to look through private datum of individuals?
            Chapter 3 lays down the Internet rights and Freedom of the Netizens. It is interesting to see that the bill still supports an open network despite the efforts of regulating it. It will just mean that there are still no boundaries as to what and up to what is the jurisdiction of the Philippines in the cyber space. But unless, the government will hire the best of the best Internet programmers, it will be hard for the government to monitor all Filipino websites and contents. Remember that Filipino programmers have been known worldwide in 2000 when the ‘I LOVE YOU’ worm infected millions of Windows computer all over the world. With their skills in computer language, it’s either the government hire them or they will be the government’s number one headache.
            Another question that should be answered is who are the people that are governed by this law? If the Philippines remain to be an open source it would it be possible for the government to trace whether a user is indeed a Filipino citizen? Yes, it is possible for them to trace unique IP address but how can you make sure that you are targeting the right people from the right Internet content deemed to be violating the law?
            In chapter 5 the bill designated the Department of Information and Communications Technology as the led agency for oversight. To create a separate department for this should be given a tough thinking. On the other hand, involving six agencies to be involved in implementation is good however; it must be made sure that there is cooperation and collaboration within the said agencies. The senator was referring to the Cybercrime Prevention Act of 2012 or Republic Act 10175, which various sectors criticized for allegedly violating freedom of expression and giving the government too much power over Internet users. For me, the main purpose of the internet is communication which started through just plain emails and eventually evolved to these social networking sites such as facebook and blogsites. True that it has a critical effect to all internet users which binds them as one in some situations but the thing is they must not be restricted in doing such act because it is their right and doing such act is not a criminal act because it is up to the reader weather to believe in such statements. The user that posted such is just expressing his thought or feelings which is the main purpose of the website. If cybercrime law took effect, the internet here in the Philippines will be corrupted just as the martial law during the time of late president Marcos did, its just that now will take effect on the internet. If such case would happen the internet will be a mere dead space and yeah everyones mouth will be covered with black tape and anyone who removes it will be penalized. A very tragic situation. Santiago’s bill is the latest among efforts of lawmakers to correct the law. Other senators and congressmen have filed bills amending p[2]rovisions in the Act. Santiago said her bill will address the loopholes in the law and achieve its objectives. “While it is important to crackdown on criminal activities on the Internet, protecting constitutional rights like free expression, privacy, and due process should hold a higher place in crafting laws,” she said. The following are the improvements Santiago cited. First is the real-time collection of traffic data. Santiago said her bill addresses criticism of the provision allowing state agents to collect real-time traffic data, which she said violates the right to privacy. “In contrast, the Magna Carta ensures due process by providing strict guidelines for any collection of any data, including the securing of warrants, obligating notification, and limiting seizure to data and excluding physical property.”
The Magna Carta will be more effective and taken lightly because it will give notice to the user that he is liable and the government will want to go into his privacy. Unlike the cybercrime that allows the government to be god like that can do everything without respecting the rights of the users that may be liable. In this case the government will ask first the permission of the user before doing such act. Second is on the so-called “takedown clause”. Santiago said her bill does not have the so-called “takedown clause,” which allows government to block or restrict access to a website or network even without a court order. “My bill specifically provides for court proceedings in cases where websites or networks are to be taken down, and prohibits censorship of content without a court order.” Santiago said the “takedown clause” is dangerous. The Justice Department though has said the phrase is a misnomer, because blocking or restricting of the data will not be done arbitrarily. And the third is on double jeopardy. The senator said the Magna Carta prohibits double jeopardy, unlike the Cybercrime Prevention Act. She said under the Act, people can be prosecuted for violations against it and for those under the Revised Penal Code and special laws even though the offenses are from a single act. Just like what the criminal law applies, the Magna Carta also applies such as the right against double jeopardy which is the right of the accused. Santiago said the Magna Carta was the result of crowdsourcing. She said a group of concerned citizens including software designers, IT specialists, academics, bloggers, lawyers and engineers approached her office with a draft of the bill. She said the draft was based on discussions on social media. If passed into law, SB No 3327 will be the first law to be created through crowdsourcing she said. In this statement, I truly agree that the Magna Carta will be a lot effective than the Cyber Crime Law because it has the opinion of all the experts regarding the jurisdiction of the law which they drafted carefully and fully opinionated from different views that’s why the bill is more lenient than the former. Sen Teofisto Guingona III, the lone senator who voted against the Cybercrime Prevention Act, has also pushed for crowd sourcing as he crafts amendments to the l[3]aw. Another worth noticing provision is the inclusion of installation and separation policies with regards to service providers because it is an often issue to subscribers.
            When it comes to cyber crimes, I am quite confident with the provision laid in the bill but again it all comes down to its implementation and the identification of jurisdiction in the Philippine cyber space.
            One issue that really led to the unsuccessful cyber crime law is its provisions on libel. While Cyber crime Law made cyber libel punishable, the Magna Carta for the Philippine Internet Freedom has specifically identified libel with the exception of expression of protest against the government, NGOs and when it is intended for private messaging. Quite better than the former provisions of Cyber crime Law.
            The Internet is a unique accidental technology I suppose. There is no central unit that controls it or is there any way to fully regulate it except if you control Internet access providers in a country, if you can. But as for now, I don’t think that regulating the Internet is a good idea for the Philippine government. I doubt that they will be successful with it. Just the thought that up to now they still can’t regulate text messaging and call services from service providers what more with a much complex space like the Internet.
            But we are not saying not to regulate it we just believe that it is too early and the laws governing the Internet is so vague as to jurisdictions and identifications of content. The Internet will still be evolving and laws too should. Right now, it is true that it is still insufficient, but the The Magna Carta for the Philippine Internet Freedom is a good start. Santiago said the Magna Carta for Philippine Internet Freedom will define and penalize cybercrimes while protecting rights and freedoms. Based form what senator Miriam Santiago’s statement, the Magna Carta for Philippine Internet Freedom will be more effective and reasonable towards the “Netizens” because it is more lenient than the Cyber Crime Law. Thus I think the latter law is open to changes because Senator Miriam Santiago named it with version 2.0. just like with computer programs, it can be upgraded. And I admire her style by matching the name with the jurisdiction of the law. It’s rare for some law makers to do such act.
The Magna Carta does not suffer from overbreadth and vagueness in its provisions on libel, unlike the law it tries to replace. In fact, it treats libel as a civil liability rather than a criminal act, which is a step forward in the move to decriminalize libel. I think this is a good proposal to the “Netizens” because being titled as a criminal is a big deal. While posting something on Facebook, Twitter, Instagram or other social networking sites that may be a bit offending or libelous may put a person in jail and called as a criminal is a bit I think exaggerated to happen. In that case, population of criminals will sky rise just for the reason of expressing their thoughts through the net.



[1] http://alpha.propinoy.net/2012/11/26/crowdsourcing-the-story-of-the-drafting-of-the-magna-carta-for-philippine-internet-freedom/
[2] http://miriam.com.ph/newsblog/?p=902
[3] http://technology.inquirer.net/20769/santiago-proposes-magna-carta-for-internet