Wednesday, December 12, 2018

Cybercrime Law, Freedom of Information, and Free Internet Access: Their Implications to Libraries

By Jolo Van Clyde S. Abatatyo, RL

Libraries have always been about giving people access to the knowledge they need to take on the world. Through promoting literacy, innovation, and creativity, they empower users to discover new perspectives for themselves, find better jobs, and generate new ideas. These are the foundations of a strong society (International Federation of Library Associations and Institutions, 2018).

 

CYBERCRIME LAW

Libraries play a very significant role in battling against cybercrime. I believe that we are already acquainted of this delinquency because it is so conspicuous nowadays and there is a lot of cases relevant to this matter. As librarians, we should serve as armaments of our users against cybercrime. We must educate them about how important it is to use the internet, the web, and the social media as platforms for learning and doing rewarding activities.

It is really a sad fact that more and more people commit cyber crimes such as cyberbullying, cyberstalking, cyber warfare, child pornography, extortion, fraud, hacking, identity theft, phishing, phreaking, ransomware, spamming, theft and embezzlement, creating and sharing computer virus, and many more. According to the news, cases of cybercrime in the Philippines continue to spike and soar! A student in Bago City, Negros Occidental even ended his life because of cyberbullying.  It is very terrifying to know that there are now countless cases about cybercrime and the effects of it really destroy lives. It is true that the internet is now a haven for criminals and anarchic individuals.

Some would blame the technology because they think that it is the root of this form of evil. I think it is not appropriate to put the blame on the technology, the internet, and other technological advancements because I strongly believe that it’s the irresponsible, unethical, and lawless people who are malevolent and are not afraid to destroy lives are the ones who need to pay the price! Good thing there is now a law here in the Philippines against cybercrime. It is the Republic Act No. 10175 or the Cybercrime Prevention Act of 2012. It’s an act defining cybercrime, providing for the prevention, investigation, suppression, and the imposition of penalties therefor and for other purposes. I strongly believe that as librarians, we should really familiarize this law so that we can inform our patrons about this rampant problem which our society is facing right now. We should start it within ourselves so that we can harmoniously apply it when we serve our dear clients in the library.

In our libraries, we provide computer units and internet connection for educational and research purposes but there are users who go beyond the limits. Our library patrons expect to have a safe computing milieu. We, librarians, should be knowledgeable about this matter and must educate our users about its disadvantages. To be specific, here are some of the ways that libraries can do to prevent cybercrime:

·Execute regular anti-malware and anti-virus scanning

·Install firewalls

·Prohibit users from downloading and uploading inappropriate contents

·Intensify data and information security

·Educate the users on safe browsing, protecting and strengthening passwords, and other secured internet navigation techniques

·Monitor the usage of WiFi

Students nowadays are already expert in hacking, creating a computer virus, and doing illegal activities that harm people. For us librarians, it is really a concern because we are information professionals and one of our responsibilities is to provide the right information to them. It is now the time for us to meddle and take charge to help solve this problem because if we don’t, the world will not become a better place to live in.

As librarians, we have the role for nation building and empowerment. We should stand and fight against this widespread crime. Moreover, let us be more aware of the latest trends in cybersecurity and be more keen in educating our users on how to secure their information. I strongly believe that we have the power to save more lives if we heartily educate our patrons. Most importantly, we should make them realize that it is necessary to think first before clicking.

 

FREEDOM OF INFORMATION (FOI)

We, the sovereign Filipino people have the ultimate right to know everything associated with our government. We have the freedom to keep an eye on the different involvements related to our regime and its members. According to the Official Gazette of the Republic of the Philippines, the proposed Freedom of Information (FOI) Act aims to mandate the disclosure of public documents. It also outlines the exceptions for public disclosure and the procedures for accessing public documents.

In the library setting, as librarians, we need to empower transparency. This FOI is very applicable in our libraries since we have the freedom to know every information we want. However, we should also understand that censorship is necessary for our libraries because not all kinds of information are allowed to be accessed and retrieved. When your users are children or young adults, you can’t let them access restricted sites that contain pornographic, obscene, or violent types of information. There are many things to consider and as librarians, we should really understand this freedom of information and reflect on what is its impact on our libraries especially to our users.

This freedom of information is a manifestation that every Filipino has the right to know what is happening in our government right now. I strongly believe that when there’s transparency, everything will go smoothly and we can avoid conflict. Like in libraries, our patrons demand fairness and truthfulness and they should be provided with the right information they need when they go to the library. I think that in the library, freedom should be practiced because our valued patrons have the right to avail the services and utilize the resources of the library harmoniously. If the librarian isn’t fervent enough to serve them just like helping them retrieve the information they need, then the librarian is not genuinely and professionally doing its role.

Generally, greater access to information empowers citizens to hold their public officials accountable and to participate in government processes that are being opened to them by the administration. The same goes with the library because if the users can access sufficient amount of information, they can be the best that they can always be and they can make a difference in every endeavor they will have in their lives.

 

FREE INTERNET ACCESS

This is somewhat relevant to the anti-cybercrime law because what happens on the internet are now covered by the law that prevents us from doing cybercrimes. As what I have said, cybercrime is an endemic problem we are facing today. Illegal activities are not only happening in the real world. For the criminals or evildoers, the Internet is their gateway to commit crimes and harm other people.

In our libraries, we only want what’s best for our clients, that’s why we always make sure that we provide everything they need for them to access and retrieve the information they want in the easiest and fastest way. The internet is indeed a magnificent instrument for them to do things related to their studies and researches. Our libraries provide free internet access because we are now in the modern world and not all kinds of information are present in the physical formats stored in the library such as books, periodicals, audiovisual materials, and many more. We can now access as fast as we can the information we want with the help of computers and the internet.

However, not all people are responsible enough. There are individuals who use the internet in doing unnecessary things like watching pornography, cyberbullying, creating troubles using social media, and many more. I believe that we, librarians should make some policies and rules about internet access in the library. I am more favored if we limit the purpose of the internet in the library like we should only allow them to use it for educational and research purposes only. We should monitor our users because we never know what harmful things that will happen to them if we will just let them do the things that they want. We should guide them and educate them that everything will be alright if we use the internet for good.

 Indeed, the Internet is the largest library in the world but the librarians are the best navigators who can help you safely explore the ocean of information and accurately catch the right fishes!



MORE ABOUT THE FOI: Question and Answer Portion (From the Official Gazette of the Philippines)

Who can ask for information?

Every Filipino citizen.

To whom can we ask for information?

All government agencies (specifically defined under section 3 of the proposed bill).

What information will be made available?

All information pertaining to official acts, transactions, or decisions, as well as government research data used as a basis for policy development, regardless of its physical form or format.

What information will remain classified?

  • Information specifically authorized to be kept the secret under guidelines established by an executive order, and properly classified.
  • The records of minutes and advice given and opinions expressed during decision-making or policy formulation, invoked by the Chief Executive to be privileged by reason of the sensitivity.
  • Information pertaining to internal and/or external defense, law enforcement, and border control.
  • Drafts of orders, resolutions, decisions, memoranda, or audit reports by any executive, administrative, regulatory, constitutional, judicial, or quasi-judicial body.
  • Information obtained by any committee of either house of Congress in executive session.
  • Personal information of a natural person other than the requesting party.
  • Information pertaining to trade secrets and commercial or financial information that would seriously prejudice industrial, financial, or commercial competition.
  • Information classified as privileged communications in legal proceedings by law or by the Rules of Court.
  • Information exempted by law or the Constitution.

What are the advantages of this bill compared to the prior bills filed in Congress?

  • This proposed bill expands access to financial information, such as SALNs of government officials, and access to other kinds of information, such as transactions by incorporating a provision making the posting/publication mandatory.
  • The public is spared the tedious work of trying to access certain information from different agencies when the information is made available in one portal, the Official Gazette website (www.officialgazette.gov.ph) being the official publication for the following information:

– Important legislative acts and resolutions of a public nature of the Congress of the Philippines;
– Executive and administrative orders and proclamations of general application;
– Decisions or abstracts of decisions of the Supreme Court and the Court of Appeals or other courts of similar rank, as may be deemed of sufficient importance to be so published;
– Such documents or classes of documents as the President shall determine to have general application.

  • The bill asks government agencies to translate key information into major Filipino languages and present them in popular form and means. 
  • All government agencies are required to prepare a Freedom of Information Manual that will contain details and procedures and serve as a guide on the matter.
  • The bill integrates open data provisions, which mandates a regular and pro-active release of government data in open and machine-readable formats.

Procedure of access

1.     Request

Submit a request to the government agency concerned either personally, by mail, or through electronic means.

2.     Receiving

The request will be stamped by the government agency, indicating the date, time, and other details of receipt. In case the request is submitted by electronic means, the government agency shall provide for an equivalent means by which the requirements shall be met.

3.     Waiting time

The government agency shall comply with such a request as soon as practicable, and in any case within 15 working days from receipt. The period may be extended for specific cases.

4.     Notification

The government agency shall, in writing or through electronic means, notify the person making the request of the extension, the reasons for the extension, and the date the information will be made available (no more than 20 working days).

5.     Grant and Payment

Once a decision is made to grant the request, the person making the request shall be notified of such and pay the required access and processing fees.

What will happen if my request is not granted?

  • The government agency shall notify the person making the request of such denial in writing or through electronic means within 15 working days from the receipt of the request.
  • The notice shall clearly set forth the ground for denial and the circumstances on which the denial is based. Failure to notify shall be deemed a denial of the request for access to information.
  • Following the proper procedure, denial of a request for access to information may be appealed to the head of the agency, then Ombudsman, then a verified petition for mandamus may be filed in the proper court.
  • The Judiciary shall, however, will be governed by such remedies as promulgated by the Supreme Court.

Is the Admin Bill a watered down version of the previously filed bills in Congress?

  • No. The Admin Bill, in fact, expanded the list of mandatory information for disclosure, provided a specific procedure for access, stated the exemptions in a very clear and transparent manner, and directed that the exemptions are to be strictly construed.

What is the status of FOI?

  • Now that the FOI has been approved on the committee level in both the Senate and House, the bill will be taken up in plenary.

How does FOI relate to the other governance reforms under the Aquino Good Governance and Anti-Corruption Plan 2012-2016?

  • Greater access to information will, in general, empower citizens to hold their public officials accountable and to participate in government processes that are being opened to them by this administration. For instance, greater access to information on government projects through open governance initiatives such as Open Data Philippines will allow civil society organizations to make more meaningful and accurate inputs to the Participatory Budget and Participatory Audit processes that this administration has initiated. The mandatory posting of SALNs will also empower our government investigators and their citizen-partners to run after corrupt officials.
Sources
(1) Senate Bill No. 1733
(2) House Bill No. 3237
(3) 1987 Constitution

(4) Proposed bill – FOI Act of 2013

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