“Crime is not punished as an offense against God, but as prejudicial to society. - James Anthony Froude,”

The development of computers were the result of advances of the technology. As to the definition of Wikipedia, Computer is  a programmable machine designed to sequentially and automatically carry out a sequence of arithmetic or logical operations. Computers have provided much ease,comfort and convenience to the people but a lot of computer crime arises also because of too much exposure of the device. A crime is an action or an instance of negligence that is deemed injurious to the public welfare or morals or to the interests of the state and that is legally prohibited,as defined in the dictionary.com. When we say computer crime also called as cybercrime it refers to a crime that involves a computer and a network. The computer is being used in commiting a crime or it maybe is the target. The most common computer crimes are hacking, pornography and copyright infringement.

YouTube video maker who threatened judge must stay jailed awaiting trial.

U.S. v. Jeffries, No. 10-CR-100, 2010 WL 3619946 (E.D. Tenn. September 13, 2010)

Defendant created and posted a video to YouTube in which he allegedly sang a song that threatened to bomb the car of a judge scheduled to hear his child custody case. Though he did not mention the judge by name, he said the song was “for you judge” and said “do not tell me I cannot curse.” (The judge had previously admonished defendant for swearing in the courtroom.)

The feds charged defendant with one count of transmitting in interstate commerce a threat to injure and kill.

Recognizing that defendant was a danger to society, the government filed a motion asking the court to order he stay in custody until trial. The court granted the motion.

The court weighed four factors in making this determination. First, the charged offense was a crime of violence (18 U.S.C. 16 defines a crime of violence as one containing an element of threatened use of force against another). Second, the evidence as to defendant’s dangerousness was great — the YouTube video was about killing and car-bombing, after all. Third, the defendant’s character (especially in the past few months) made him a risk — he had attacked a doctor, had alcohol problems, and got kicked out of military housing for firing a weapon during a dispute. Fourth, defendant was a danger to the community and to his family — he was living with his wife and children when he had fired the gun into the air.

(http://blog.internetcases.com/2010/09/21/youtube-video-maker-who-threatened-judge-must-stay-jailed-awaiting-trial/)

  

Republic Act 8792 is the act “Providing and Use of Electronic Commercial and Non-Commercial Transactions, Penalties for Unlawful Use Thereof, and Other Purposes” enacted by the Congress of the Philippines and approved by the President on June 14, 2000.

Section 33a states that Hacking or crackling with refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;

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This feature of RA 8792 is, in my opinion, is the least followed and the least enforced of all the provisions of this law. Cracking (even hacking in some experts on computers) has become widespread nowadays with the exponential growth in technology. A lot of “cracked” and “cracking” software are now available for use and download and no one’s convicted for it. A lot of people don’t also know this law since many don’t have the fear of doing the acts stated in this provision. The government should make the people aware of this particular law since the availability of computers has spread throughout the nation. The people should also abide with this law as responsible citizens and in order to avoid punishments. There aren’t much documented cases regarding this particular feature.

The Office that caters the IPR (Intellectual Property Rights)  here in the Visayas State University is the ODREX. The head in this office is Dr. Othello Capuno .