The EU and the Philippines together against cybercrime

Who hasn’t received an e-mail from a close friend stranded somewhere or having had an accident asking for an urgent money transfer? Who hasn’t been offered a hefty commission in return for bank account details from an heiress or oil baron in a far-flung country? These are perhaps the first experiences that many of us have as potential victims of cyber-crime — a phenomenon that threatens our loved-ones, our security and our businesses, in particular BPOs.

Fraud is just one type of cybercrime that law enforcement agencies face. The Philippines ranks among the top ten producers of child pornography materials distributed via the internet. Whereas the total of cybercrime incidents reported to the Philippine National Police Anti-Cybercrime Group (PNP ACG) and the National Bureau of Investigation Cybercrime Division (NBI CCD) was 243 in 2010, the number of reported cases rose to 1,151 in 2013. This is a five-fold increase that doesn’t take into account the likely equally large number of unreported cases.

The Philippines have a long history of actions to fight cybercrime. A first version of the Cybercrime Prevention Act (CPA) was filed in the Congress in 2001. After several changes to the original version, the CPA became a law in September 2012. One month later, a temporary restraining order was issued. When the Philippine Supreme Court promulgated its decision about the CPA on February 18, 2014, three provisions were struck down, but the constitutionality of many challenged provisions was upheld. This is not surprising, as the fundamental concept is crafted after the Budapest Convention on Cybercrime that set an international standard on the subject.

The Budapest Convention on Cybercrime, which entered into force in July 2004, is the first international treaty on crimes committed via the internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. It also contains a series of powers and procedures such as the search of computer networks and interception. Its main objective is to pursue a common criminal policy aimed at the protection of society against cybercrime, especially by adopting appropriate legislation and fostering international cooperation.

The Member States of the European Union are among those, recognising Philippine efforts to tackle cybercrime, have invited the Republic of the Philippines to accede to the Budapest Convention as the most advanced international instrument in this field.

When fighting cybercrime it is essential to ensure maximum respect for human rights and fundamental freedoms, in particular with regard to privacy rights, freedom of expression, and the protection of personal data. The Budapest Convention has such provisions and it is widely considered as a legal framework of reference for fighting cybercrime at global level. It therefore serves as a very efficient international instrument in addressing cyber threats and is a basis for international cooperation in this field. By its very nature cybercrime is borderless and requires cooperation, coordination, and collaboration with other countries.

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The PNP Anti-Cybercrime Group (ACG) celebrated its first anniversary in March this year. The European Union Delegation in the Philippines was honoured to make opening remarks on that occasion which highlighted the good collaboration the European Union has with the Philippine government in this area. In the fight against cybercrime, the Philippines is one of the seven priority countries worldwide which the European Union assists through the three-year project on “Global Action on Cybercrime” that started one year ago. The EU is funding the training of a pool of trainers within the Philippine Judicial Academy who will be able to instruct members of the judiciary and prosecutors in the knowledge required to fulfil their respective roles and functions in cybercrime cases. The project also facilitates interagency cooperation and international networking and trains law enforcement agencies in cybercrime and electronic evidence. Four experts from Europe and Australia are here this week to deliver three training courses on the subject.

As our economic models, our security infrastructure and even our personal relationships increasingly draw on the technology of the internet, it is difficult to over-state the importance of putting in place the local laws and capacities to tackle the threat. Nevertheless efforts to tackle these new and fast-mutating threats have a far greater chance of success if they are buttressed by international collaboration such as that being pursued by the Philippines and the European Union. -Guy Ledoux (The Philippine Star)