The law in keeping with the times

Some years back, shopping meant physically going to the store. Reading a pocketbook entailed a hard copy. And sending mail indispensably made the mailman part of the process.

But now, all that and a host of many other things can be done online. Yes, online. A term that refers to the computer, a computer network or the Internet, as defined by Merriam-Webster. All you need is a computer (or smartphone) to do all your day’s activities. Everything is just a click away.

You have Internet shopping where the item is delivered to your doorstep. Not just books, you have unlimited information to read on the Internet, without need for any physical copy. And in sending mail to anyone, be he your next door neighbor or halfway across the world, no postman is needed. Not even stamps.

Facebook, Twitter, Instagram, Viber, etc. are the new platforms for socialization. Years ago, the only form of “social media” was the bulky corded telephone with a rotary dial.

Indeed, in just a number of years, life has evolved radically. Virtually, the world now (your phone) is in the palm of your hand. Practically anyone or anything anywhere is accessible.

I used to envy my relatives in the US when their malls went on sale. Now I can take part in the sale, even if I am in the Philippines. Yes, the Internet has paved the way for utmost convenience and reachability.

As we enjoy the advantages of this digital platform, sad to say those with mens rea (criminal intent) have wasted no time in doing so, too. They use this accessibility for their sinister and devious schemes. Thus, the commission every day of crimes on the net. It is, therefore, no wonder that many people fall prey to identity theft.

The convenience of online banking has worked to their disadvantage as people, pretending to be them, steal their money. Also, the Internet has become the leading venue for cybersex. Criminal minds utilize this platform to profit hugely from this immoral and illegal activity.

And with a wide array of social media nowadays, it has become so easy to malign someone. Before, defamatory writing or gossiping about someone had a rather limited reachability. Today, a simple post on Facebook can be disseminated across the world… in seconds.

And so, in keeping with the times, we saw the passage of Cybercrime Prevention Act of 2012 — our lawmakers’ reply to the ever-growing unlawful cyber activities. In a nutshell, this law penalizes crimes committed on the Internet. Some of these are cybersex, child pornography, identity theft and libel committed through the use of a computer. And in the years it has been in effect, I have seen this law constantly being used to punish Internet crimes.

In my practice, I have encountered several cases of libel committed through social media. That’s why here’s a word of caution. Sometimes, you become overly eager and enthusiastic in expressing your views. In your haste, you forget that your comment may be denigrating someone’s unblemished reputation. Before you know it, you find yourself being hailed to court for cyber libel. And mind you, libel carries a longer penalty when committed through the Internet. So be careful.

I have also seen cases where parents peddle their children on the Internet for pornography or even sex. Children so young and innocent, who do not even understand what they are doing, being exploited like animals. And also have I seen the efficacy of this law to put the culprits behind bars.

Almost everyday, I also get to read about computer-related fraud and identity theft. Yes, people losing money in their bank accounts left and right. Or some are bamboozled into parting with their money even if the person they exchange emails with is not who they think he is.

Indubitably, there are countless crimes perpetrated on the Internet. As the net gets more sophisticated, so do the crimes. But as you can see, the law adapts to these ever changing times. When before it was difficult to prosecute an act for want of a law penalizing it, our Congress is quick to address the problem. It is, therefore, good to bear this in mind. While crimes may keep evolving, so does the law. And, eventually, the law will catch up with all these criminals.