constantino salva castillo 13 september 2014 the new generation of it evolution it laws and ethics...

Constantino Salva Castillo13 September 2014The New Generation of IT EVOLUTION

IT Laws and Ethicsan overview

Overview of Related IT Laws R.A. 8792 R.A. 8293 R.A. 9239

General Principles IT Code of Ethics and Professional Conduct

Goal

Source:

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

Definition

Source: Merriam –Webster Online Dictionary

http://www.merriam-webster.com/dictionary/common+law

http://www.merriam-webster.com/dictionary/litigation

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>

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.

Definition

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.

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

R.A. 8792

Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000

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

R.A. 8792

Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000

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

R.A. 8792 – Points to Remember

Source: Republic Act No. 8792 of the Philippines, Electronic Commerce Act of 2000, Sec.6.-13.

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.

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.

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)

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)

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

R.A. 8293

Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.1-2.

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

R.A. 8293

Source: Republic Act No. 8293 Intellectual Property Code of the Philippines, Sec.2..

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



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



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; ando. Other literary, scholarly, scientific and artistic works.



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..

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

R.A. 9239

Source: Republic Act No. 9239 of the Philippines, Optical Media Act of 2003, Sec.1-2.

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.

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>

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.

Definition

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.

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.

Rationale

Source: Canadian Information Processing Society Website

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.

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.

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.

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.

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

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

General Principles


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;



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.



Laws Do not break the law Ignorance of the law

excuses no one

Rule of Thumb

Source: Answers.com

Ethics Always do the right

thing When in doubt, opt

to do no harm


SourcesAtty. Joyce Creag-Estil

Atty. Anissa ApolinarioUC – College of Information & Computer Studies Website

Canadian Information Processing Society WebsiteMerriam-Webster On-line Dictionary

Intellectual Property Office of the Philippines WebsiteAteneo De Manila University – DISCS Website

&Dr. Rosicar E. Escober


Q & A

Source: betterhighschools.org

Thank You Very Much!

Other topics you might like…Open Source Software Licenses

CopyleftISSA 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

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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constantino salva castillo 13 september 2014 the new generation of it evolution it laws and ethics...

Documents

ethics plural

electronic commerce

overview slide

electronic appliances

electronic signature

electronic documents

electronic data messages

set of moral principles