Hayden Kho Sex Scandal: Re-focusing on local cyberlaws, cyber-ethics

Published by rudy Date posted on May 25, 2009

By the time this column sees print, the possibility looms that the brouhaha over the Hayden Kho sex video scandal may no longer command as much public attention as it did the week just past.

News after all has always been a highly perishable commodity and more so now that the Internet has gone mainstream in the Philippines.

Indeed, this scandal, which spread online very quickly, is one indicator of this fact.

On the other hand, the possibility looms also that this scandal could turn into what is called in the journalistic fraternity as a running story —one that is covered daily on the hour every hour as fresh angles to it arise. After all, the cast of characters involved in this scandal are all newsworthy types: people whose names journalism professors could readily point out to as illustrations of the maxim: “prominent names always make news.”

Indeed, there is likelihood that this scandal could yet turn into another fairly long-running media circus: with Internet-based New Media taking full part in it. The fact alone that one well-known showbiz writer has an equally popular blog already makes this possibly so.

Add to this is the fact that every Filipino who has a Facebook or other social networking account could readily publish online his or her opinion on this voyeuristic video. Moreover, they could also further expound their views on this if they do also have their own blogs.

Nonetheless, this scandal shows clearly the Philip­pines’ near vacuum with regard to policies regarding the onset of digital and online technology here. The country’s lawmakers—many of whom are itching to deliver a privilege speech on it—have only themselves to blame.

The circus over this sex scandal also shows that the Philippines today has few experts it can turn to with regard to social issues brought about by the onset of the Information Age. Some of these would be Cyber­lawyers. Cybercrime specialists among law enforcers, and Cyberethicists.

Since 1992, Congressmen and Senators with some understanding of information and communications technology have been filing bills that would have created a computer crimes law in the country. To no avail of course.

Since the early 1990s also, bills creating the Department of Information and Communications Technology have been regularly filed by a few legislators visionary enough to seek ways by which the country could leapfrog into the Information Age. Included in the DICT’s mandate would be the crafting of policies with regard to shaping the ICT environment in the Philippines.

Well, it’s 2009 now and there is still no such government body. And horror of horrors! One Senator with presidential ambitions is reportedly opposing its creation, albeit quietly.

Meanwhile, since 2007, members of the e-services community have been lobbying Congress for passage of an online data privacy act. Yes, there have been a few bills filed already in this regard. Nonetheless, they are still pending in the House of Representatives and the Senate—with elections looming next year—will most likely never be passed.

True, the Philippines today has an E-Commerce Act. But had the infamous “I Love You” virus not infected computers worldwide in 2000 with much-embarassment for the country after having been created here by Filipino script-kiddies, it would never have been passed.

What led to its enactment was a provision punishing the creation of viruses. And since ex-post facto laws—laws punishing people for acts committed before they became illegal—are unconstitutional, the creators of this virus remained scot-free.

No matter. The E-Commerce Act appears to be the exception to the fact that there is a void with regard legislation vis-a-vis the Information Age.

Meanwhile again, it appears that the Philippines as of now only has four lawyers who could be internationally recognized as Cyberlawyers.

One teaches at the University of the Philippines College of Law, another used to teach at the rival law school, Ateneo de Manila, even if she has now reportedly emigrated to Canada; a third is into private practice and has began to build a lucrative list of clients with his expertise, and a fourth is in the Supreme Court.

Clearly, their expertise on Cyberlaw could shed light into a good number of issues raised by this scandal. But will their knowledge be eventually tapped? Or will they be ignored, because outside of the ICT and e-services community, their expertise is unheard of?

In the field of law enforcement, there are only a handful who are experts in Cybercrime and both the National Bureau of Investigation and the Philippine National Police are in need of additional forensic computers—computers specialized in the investigation of computer-generated crimes. Had not the United States Agency for International Development not donated a few a couple of years back, the country’s law enforcement community would not have had these equipment.

Furthermore, there is anecdotal evidence that most fiscals need further training with regard to computer-related issues. This is rather dangerous, considering that the Hayden Kho sex video scandal could only be the first of similar ones in the future.

That it is child’s play for tech-savvy individuals worldwide to circumvent attempts to block the online spread of sexually explicit content only means that the services of Cyberethicists will increase in demand in the future. But does the Philippines have such experts?

True, the Hayden Kho sex video scandal illustrates that the onset of the Internet has brought not only benefits, but social problems as well. But it could also serve as a wakeup call for the Philippines to finally address such issues.A wakeup call that could only be the positive spin that can be placed on something that has caused much pain for Katrina Halili and the other women whose sex life was displayed on the Internet for all to see. –Ike Suarez, Manila Times

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