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.
