IT Laws and Ethics – Best Practices in IS

Report
an overview
IT Laws and Ethics
Constantino Salva Castillo
13 September 2014
The New Generation of IT EVOLUTION
Goal


Source:
Overview of Related IT Laws
 R.A. 8792
 R.A. 8293
 R.A. 9239
General Principles
 IT Code of Ethics and Professional Conduct
Definition

Law
the whole system or set of rules made by the government of a town, state, country,
etc.
a (1) : a binding custom or practice of a community : a rule of conduct or action
prescribed or formally recognized as binding or enforced by a controlling
authority (2) : the whole body of such customs, practices, or rules (3) : COMMON LAW
b (1) : the control brought about by the existence or enforcement of such
law (2) : the action of laws considered as a means of redressing
wrongs; also : LITIGATION (3) : the agency of or an agent of established law
c : a rule or order that it is advisable or obligatory to observe
d : something compatible with or enforceable by established law
Source: Merriam –Webster Online Dictionary
Definition

Ethics
plural but sing or plural in constr : the discipline dealing with what is good and bad and
with moral duty and obligation
a : a set of moral principles : a theory or system of moral values <the present-day
materialistic ethic> <an old-fashioned work ethic> —often used in plural but singular or
plural in construction <an elaborate ethics> <Christianethics>
b plural but sing or plural in constr : the principles of conduct governing an individual or a
group <professional ethics>
c : a guiding philosophy
d : a consciousness of moral importance <forge a conservation ethic>
plural : a set of moral issues or aspects (as rightness)<debated the ethics of human
cloning>
Source: Merriam –Webster Online Dictionary
Definition

Laws
 Written, approved
 Enforced by the level
of government where
they were written
 Police investigation,
court appearance,
various penalties like
fines or
imprisonment, etc.
Source: Answers.com

Ethics
 Rules of conduct
 Good practices people
adhere to
 “the right thing to do”
 Disapproval from
peers, disciplinary
proceedings from a
professional body, loss
of license or job, etc.
R.A. 8792


Electronic Commerce Act of 2000
Declaration of Policy



The State recognizes the vital role of information and
communications technology (ICT) in nation building
The need to create an information friendly environment
which supports and ensures the availability, diversity and
affordability of ICT products and services
A labor force skilled in the use of ICT and a population
capable of operating and utilizing electronic appliances
and computers
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000
R.A. 8792

Declaration of Policy


Its obligation to facilitate the transfer and promotion of
adaption technology, to ensure network security,
connectivity and neutrality of technology for the national
benefit
The need to marshal, organize and deploy national
information infrastructures, comprising in both
telecommunications network and strategic information
services, including their interconnection to global
information networks
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000
R.A. 8792 – Points to Remember
Legal Recognition of Electronic Writing or Document
and Data Messages
 Sec. 6. Electronic Data Messages
 Sec. 7. Electronic Documents
 Sec. 8. Electronic Signature

Refers to any distinctive mark, characteristic and/or sound in
electronic form, representing the identity of a person and
attached to or logically associated with the electronic data
message or electronic document or any methodology or
procedures employed or adopted by a person and executed
with the intention of authenticating or approving an electronic
data message or electronic document
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000, Sec.6.-13.
R.A. 8792 – Points to Remember
Communication of Electronic Data Messages and
Electronic Documents
 Sec. 16. Electronic Contracts



Allows for the formation and validity of electronic
contracts
If both parties agrees, an offer, the acceptance of an offer
and such other elements required by existing law for the
formation of contracts may be accomplished this way
No contract shall be denied validity just because it’s in the
form of an electronic data message or electronic
document
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000, Sec.16.
R.A. 8792 – Points to Remember
Communication of Electronic Data Messages and
Electronic Documents
 Sec. 24. Choice of Security Method



The right to choose the type and level of security
methods
The type and level of electronic data message and
electronic document security needed
To select and use or implement appropriate technological
methods that suit the requirements
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000, Sec.24.
R.A. 8792 – Points to Remember
Hacking and Piracy
 Sec. 33.(a) Hacking or Cracking




Unauthorized access into or interference in a computer
system/ server or information and communication system
Any access in order to corrupt, alter, steal or destroy
Including the introduction of computer viruses and the
like, resulting in the corruption, destruction, alteration,
theft or loss of electronic data
Fine: minimum of 100,000 PHP and maximum
commensurate to the damage incurred + mandatory
imprisonment (6 months – 3 years)
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000, Sec.33.(a) – (b)
R.A. 8792 – Points to Remember
Hacking and Piracy
 Sec. 33.(b) Piracy or Unauthorized Copying


Unauthorized copying, reproduction, dissemination,
distribution, importation, use, removal, alteration, substitution,
modification, storage, uploading, downloading,
communication, making available to the public, or broadcasting
of protected material, electronic signature, or copyrighted
works through the use of telecommunications networks, such
as, but not limited to, the internet.
Fine: minimum of 100,000 PHP and maximum commensurate
to the damage incurred + mandatory imprisonment (6 months
– 3 years)
Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000, Sec.33.(a) – (b)
R.A. 8293


Intellectual Property Code of the Philippines
Declaration of Policy


The State recognizes that an effective intellectual and
industrial property system is vital to the development of
domestic and creativity activity, facilitates transfer of
technology, attracts foreign investments, and ensures
market access for our products.
It shall protect and secure the exclusive rights of
scientists, investors, artists and other gifted citizens to
their intellectual property and creations, particularly
when beneficial to the people
Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.1-2.
R.A. 8293

Declaration of Policy


The use of intellectual property bears a social function.
To this end, the State shall promote the diffusion of
knowledge and information for the promotion of National
development and progress and the common good.
It is also the policy of the State to streamline
administrative procedures of registering patents,
trademarks and copyright, to liberalize the registration on
the transfer of technology, and to enhance the
enforcement of intellectual property rights in the
Philippines
Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.2.
.
R.A. 8293 – Points to Remember
The Law on Copyright – Preliminary Provisions
 Sec. 171. Definitions


Sec. 171.1. “Author” is the natural person who has
created the work
Sec. 171.2 A “collective work” is a work that has been
created by two (2) or more natural persons at the
initiative and under the direction of another with the
understanding that it will be disclosed by the latter under
his own name and that contributing natural persons will
not be identified
Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.171.
.
R.A. 8293 – Points to Remember
The Law on Copyright – Preliminary Provisions
 Sec. 171. Definitions

Sec. 171.4. A “computer” is an electronic or similar device
having information-processing capabilities, and a
“computer program” is a set of instructions expressed in
words, codes, schemes or in any other form, which is
capable when incorporated in a medium that the
computer can read, of causing the computer to perform
or achieve a particular task or result
Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.171.
.
R.A. 8293 – Points to Remember
The Law on Copyright – Original Works
 Sec. 172. Literary and Artistic Works
Sec. 172.1. Literary and artistic works, hereinafter
referred to as “works”, are original intellectual creations in
the literary and artistic domain protected from the
moment of their creation and shall include in particular:
a. Books, pamphlets, articles and other writings;
n. Computer programs; and
o. Other literary, scholarly, scientific and artistic works.

Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.172.
.
R.A. 8293 – Points to Remember
Limitations on Copyright
 Sec. 189. Reproduction of Computer Program
Sec. 189.1. … the reproduction of one (1) back-up copy or
adaptation of a computer program shall be permitted, provided
that the copy or adaptation is necessary for:
a. The use of the computer program in conjunction with a
computer for the purpose, and to the extent, for which the
computer program has been obtained;
b. Archival purposes, and, for the replacement of the lawfully
owned copy of the computer program in the event that the
lawfully obtained copy of the computer program is lost,
destroyed or rendered unusable.

Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.189.1.
.
R.A. 9239


Optical Media Act of 2003
Declaration of Policy



The policy of the State to ensure the protection and
promotion on intellectual property rights
The unregulated mastering, manufacture, replication,
importation and exportation of optical media in all forms
is inimical to economic growth and public interest
Towards this end, the State shall institute the means to
regulate the manufacture, mastering, replication,
importation and exportation of optical media
Source: Republic Act No. 9239 of the Philippines, Optical Media Act of 2003, Sec.1-2.
R.A. 9239 – Points to Remember

Sec.3. Definition of Terms

“Magnetic Media” – a storage medium or device characterized
by a base, usually plastic, coated with ferric oxide powder, in
which visual and/or aural information or software code, may be
recorded or stored, including, but not limited to, magnetic
tape, cassettes, video tape, diskettes, and floppy discs

“Optical Media” – a storage medium or device in which
information, including sounds and/or images, or software code,
has been stored either by mastering and/or replication, which
may be accessed and read using a lens scanning mechanism
employing a high intensity light source such as a laser or any
such other means as may be developed in the future
Source: Republic Act No. 9239 of the Philippines, Optical Media Act of 2003, Sec.3.
Definition

Ethics
plural but sing or plural in constr : the discipline dealing with what is good and bad and
with moral duty and obligation
a : a set of moral principles : a theory or system of moral values <the present-day
materialistic ethic> <an old-fashioned work ethic> —often used in plural but singular or
plural in construction <an elaborate ethics> <Christianethics>
b plural but sing or plural in constr : the principles of conduct governing an individual or a
group <professional ethics>
c : a guiding philosophy
d : a consciousness of moral importance <forge a conservation ethic>
plural : a set of moral issues or aspects (as rightness)<debated the ethics of human
cloning>
Source: Merriam –Webster Online Dictionary
Definition

Laws
 Written, approved
 Enforced by the level
of government where
they were written
 Police investigation,
court appearance,
various penalties like
fines or
imprisonment, etc.
Source: Answers.com

Ethics
 Rules of conduct
 Good practices people
adhere to
 “the right thing to do”
 Disapproval from
peers, disciplinary
proceedings from a
professional body, loss
of license or job, etc.
Rationale

Code of Ethics and Professional Conduct
 The Information Technology profession has
developed over the years to meet the need for IT
services delivered on a professional basis. In order
to satisfy this need, IT professionals and the quality
of service they provide must command the
confidence and respect of the public
 This can only be achieved if IT professionals
establish and maintain a reputation for both
integrity and competence.
Source: Canadian Information Processing Society Website
General Principles

Protect Public Interest and Maintain Integrity
 Protect the public interest and discharge with
integrity all duties and services owed to the
public, IT professionals, clients or employers.
Source: Canadian Information Processing Society Website
General Principles

Demonstrating Competence and Quality of
Service
 Owe their client or employer a duty to be
competent to perform any IT service
undertaken on such a party’s behalf
 Serve their client or employer in a
conscientious, diligent and efficient manner by
providing a high quality of service and by not
undertaking a matter without honestly feeling
competent to handle it.
Source: Canadian Information Processing Society Website
General Principles

Maintaining Confidential Information and Privacy
 Hold in strict confidence all information
concerning the business and affairs of the client
or employer without exception.
Source: Canadian Information Processing Society Website
General Principles

Avoiding Conflict of Interest
 Do not place personal or professional interests,
or those of colleagues, above interests of the
public and/or client or employer, and avoid
situations where there is a significant risk that
the interest of the person may conflict with the
public and/or client or employer.
Source: Canadian Information Processing Society Website
General Principles

Upholding Responsibility to the IT Profession
 Assist in maintaining the integrity of the IT
profession. That they support and advance the
interest of the organization/association and the
IT profession, and respect the rights and
professional aspirations of their colleagues
Source: Canadian Information Processing Society Website
General Principles





Protect Public Interest and Maintain Integrity
Demonstrating Competence and Quality of
Service
Maintaining Confidential Information and Privacy
Avoiding Conflict of Interest
Upholding Responsibility to the IT Profession
Source: Canadian Information Processing Society Website
Code of Ethics For The Filipino IT
Professional

Preamble – I will use my special knowledge and skills for the
benefit of the public. I will serve employers and clients with
integrity, subject to an overriding responsibility for the public
interest, and I will strive to enhance the competence and
prestige of the IT professional. By these I mean:
 I will promote public knowledge, understanding and
appreciation of information technology;
 I will consider the general welfare and public good in the
performance of my work;
Source: University of Cebu – College of Information & Computer Studies Website
Code of Ethics For The Filipino IT
Professional




I will advertise goods and professional services in a clear
and truthful manner;
I will comply and strictly abide by the intellectual property
laws, patent laws and other related laws in respect of
information technology;
I will accept full responsibility for the work undertaken
and will utilize my skills with competence and
professionalism;
I will make truthful statements on my areas of
competence as well as the capabilities and qualities of my
products and service;
Source: University of Cebu – College of Information & Computer Studies Website
Code of Ethics For The Filipino IT
Professional




I will not disclose or use any confidential information
obtained in the course of professional duties without the
consent of the parties concerned, except when required
by law;
I will try to attain the highest quality in both the products
and services I offer;
I will not knowingly participate in the development of
Information Technology Systems that will promote the
commission of fraud and other unlawful acts;
I will uphold and improve the IT professional standards
through continuing professional development in order to
enhance the IT profession.
Source: University of Cebu – College of Information & Computer Studies Website
Rule of Thumb

Laws
 Do not break the law
 Ignorance of the law
excuses no one
Source: Answers.com

Ethics
 Always do the right
thing
 When in doubt, opt
to do no harm
Sources
Atty. Joyce Creag-Estil
Atty. Anissa Apolinario
UC – College of Information & Computer Studies Website
Canadian Information Processing Society Website
Merriam-Webster On-line Dictionary
Intellectual Property Office of the Philippines Website
Ateneo De Manila University – DISCS Website
&
Dr. Rosicar E. Escober
Constantino Salva Castillo
13 September 2014
The New Generation of IT EVOLUTION
Q&A
Source: betterhighschools.org
Constantino Salva Castillo
13 September 2014
The New Generation of IT EVOLUTION
Other topics you might like…
Open Source Software Licenses
Copyleft
ISSA and CompTIA Certifications
Republic Act No. 9239 “Optical Media Act of 2003”
complete document
Republic Act No. 8293 “Intellectual Property Code of
the Philippines” (1998) complete document
Republic Act No. 8792 “Philippines Electronic
Commerce Act of 2000” complete document
Thank You Very Much!
R.A. 9239 – Points to Remember

Sec.19. Offenses and Penalties

Imprisonment of at least three (3) years but not more that
six (6) years, and a fine between 500,000 PHP and
1,500,000 PHP at the discretion of the court shall be
imposed on any person, natural or juridical, who shall:
 Engage in the mastering, manufacture, replication,
importation or exportation of optical media without
the necessary licenses from the OMB;
Source: Republic Act No. 9239 of the Philippines, Optical Media Act of 2003, Sec.3.
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Source:
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