PROPOSED NATIONAL PLAN OF ACTION IN COMBATING COMPUTER/CYBER CRIMES

The challenge of controlling cyber crime in the Philippines in its most critical dimensions requires a full range of responses, including both voluntary and legally mandated cooperation. A consensus exists concerning many forms of conduct that should be treated as cyber crime. Common positions can be developed or can be drafted to facilitate cooperation in detection, investigation, apprehension, preservation of evidence, and prosecution. Cooperation is also essential in the development and implementation of technological solutions and standards to enhance the capacity of the government and the private sectors effectively to protect computers from systems from future criminals.

The nature and culture of the cyber crime world demand that these responses be fashioned to maximize government inter – agency and private sector participation and control, as well as to ensure that privacy and other human rights are not adversely affected. Certain elements of an effective program against cyber crime will require government control and approval. It aims to develop and secure the adoption of technological and policy standards to defend, prosecute and deter cyber crimes. However, it requires a national forum with necessary authority and capacities to formulate and set these guidelines and policy standards.

Some of the proposed significant measures are the following:

Information Exchange:

· Institutionalize information exchange amongst law enforcement, judicial and the business and private sector thru Memorandum of Agreement or Understanding.

· Set standards on the identification of information and its classification.

· Identify among the agencies concerned in combating computer/cyber crimes the would be repository of their shared central database.

· Coordinate with the business sector (ISP’s) and formulate MOA and MOU’s in order to facilitate easier access on information needed in case investigations or inquiries.

Legal Matters:

• Draft, submit and lobby laws that will penalize Computer Crimes and other Crimes that are being committed with an aid of Computer and its technology.
• Formulate a legal consensus concerning the criminal act or malicious conduct on Information Technology that can be treated as cyber/computer crimes.
• Identify and clearly define the words being use to consider the act as criminal and malicious.
• Formulate “Standard Operating Procedures” on manners of search and seizure, preservation of evidence and the safekeeping/safeguarding of seized equipments with regards to computer/cyber crimes and as to observe that no human rights are being violated.
• Develop the capability of government prosecutors or concerned judicial body to understand computer/cyber crimes and their ability to prosecute them.

On Law Enforcement:

• Develop the capability of the pre identified law enforcement bodies to investigate, detect and apprehend computer criminals.
• Periodically attend trainings and seminar (foreign and local) to enhance and widen the scope of knowledge and expertise in computer/cyber crimes.
• Formulate and develop a Memorandum of Agreement or Understanding between concerned operational agencies for joint operations and undertakings in combating computer/cyber crimes.
• Conceptualized and propose a central forensic crime laboratory for computer/cyber crimes in cooperation with the business and private sector.
• Undertake a trainer’s training program enable to cascade knowledge down the line.
• Maintain a close and harmonious coordination and work relationship among judicial authorities, other law enforcement agencies, other government agencies, the business and private sector.
• Identify the agency among them to hold the shared central database of information on computer/cyber criminals and groups.

Capacity Building:

• Periodically assess the training needs and knowledge deficiency of the agencies involved in combating computer/cyber crimes.
• Law enforcement agencies involved in combating said crime including the judicial authorities should regularly conduct workshops and seminar wherein cases handled should be presented and evaluated so as to determine where, what and which area of concern should be improved, enhance and develop.
• Invite foreign experts on this field to conduct local trainings.
• Regularly contribute on the shared central database of watch list and target list, of all computer/cyber criminals.
• Avail of the foreign aids and grants enable to acquire state of the art equipment that will help combat computer/cyber crimes.

Regional and International Cooperation:

• Formulate and propose regional as well as international conventions, agreements and treaties on periodic basis. In order to harmonize the regional and international efforts to combat computer/cyber crimes.
• Attend and actively participate as guest or member of other regional or international summits, conventions, treaties and agreement like that of EU convention.
• Work closely with foreign law enforcement counterparts.