IAS 101 - WEEK 15 - 16 - Rules of evidence Search and seizure

IAS 101 - WEEK 15 - 16 - Rules of evidence Search and seizure

By Nina Perena

Warrant to Search, Seize and Examine Computer Data

WSSECD

A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/or examined.

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RULE ON CYBERCRIME WARRANTS

This Rule sets forth the procedure for the application and grant of warrants and related orders involving the preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data, as provided under Republic Act No. (RA) 10175, otherwise known as the “Cybercrime Prevention Act of 2012.”

Subject | Subject

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Multiple Choice

It is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/or examined.

• WSSECD

• WESSCD

• WSSWD

• WDSSE

Multiple Choice

This is Rule sets forth the procedure for the application and grant of warrants and related orders involving the preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data, as provided under Republic Act No. (RA) 10175

• Warrant and Arrest

• Rule on Cybercrime Warrants

• Rules of Court

• Cybercrime Law

Definition of Terms

RULE ON CYBERCRIME WARRANTS

Definition of Terms. -For purposes of this Rule: 

a) Communication – refers to the transmission of information through information and communications technology (ICT) media, including voice, video, and other forms of data;

b) Computer – refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating m conjunction with such device;

designated as special cybercrime courts;

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Definition of Terms

RULE ON CYBERCRIME WARRANTS

Definition of Terms. -For purposes of this Rule: 

a) Communication – refers to the transmission of information through information and communications technology (ICT) media, including voice, video, and other forms of data;

b) Computer – refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating m conjunction with such device;

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It refers to the transmission of information through information and communications technology (ICT) media, including voice, video, and other forms of data;

• Communication

• Transfer

• Media

• Internet

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It refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating m conjunction with such device;

• Computer

• ICT

• Technology

• Medium

Definition of Terms

RULE ON CYBERCRIME WARRANTS

c) Computer data – refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function, and includes electronic documents and/or electronic data messages whether stored in local computer systems or online;

d) Computer system – refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data;

e) Content data – refers to the content of the communication, the meaning or purported meaning of the communication, or the message or information being conveyed by the communication, other than traffic data;

f) Cybercrime court – refers to any of the Regional Trial Courts which are designated as special cybercrime courts;

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It refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function, and includes electronic documents and/or electronic data messages whether stored in local computer systems or online;

• Computer Information

• Computer Data

• Computer Process

• Computer Technology

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It refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data;

• Computer Data

• Computer System

• Computer Connection

• Computer Integration

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It refers to the content of the communication, the meaning or purported meaning of the communication, or the message or information being conveyed by the communication, other than traffic data;

• Computer Court

• Computer Crime

• Computer Content

• Computer Data

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It refers to any of the Regional Trial Courts which are designated as special cybercrime courts

• Cybercrime courts

• Trial Court

• Forensic Court

• ICT Court

g) Forensic image – also known as a forensic copy, refers to an exact bit-by-bit copy of a data carrier, including slack, unallocated space, and unused space;

h) Forensics – refers to the application of investigative and analytical techniques that conform to evidentiary standards for use in court·

i) Hash value – refers to the mathematical algorithm produced against digital information (a file, a physical disk or a logical disk) thereby creating a “digital fingerprint” or “digital DNA” for that information;

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It is also known as a forensic copy, refers to an exact bit-by-bit copy of a data carrier, including slack, unallocated space, and unused space;

• Forensic image 

• Forensic

• Forensic slack 

• Forensic Space

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It refers to the application of investigative and analytical techniques that conform to evidentiary standards for use in court·

• Forensics Standard

• Computer Standard

• Computer Investigation

• Forensics

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It refers to the mathematical algorithm produced against digital information (a file, a physical disk or a logical disk) thereby creating a “digital fingerprint” or “digital DNA” for that information;

• Hash Value

• Hash Tag

• Hash Form

• Hash Forensic

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j) Information and Communications Technology (ICT) – refers to the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information;

k) Interception – refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content data, either directly, through access and use of a computer system, or indirectly through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring; 

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It refers to the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information;

• ICT

• IT

• NBI

• NAIST

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It refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content data, either directly, through access and use of a computer system, or indirectly through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring

• Interception

• Hacking

• Investigating

• Tapping

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I) Item – is a general term used to refer to objects of the warrant application and/or the warrant itself, such as the subject computer data, the related computer device/s, and/or other parts of the computer system; 

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ITEM is a general term used to refer to objects of the warrant application and/or the warrant itself, such as the subject computer data, the related computer device/s, and/or other parts of the computer system; 

• True

• F

m) Offense – is a general term used to refer to either a violation of Section 4 (Cybercrime Offenses), Section 5 (Other Offenses), or Section 6 (all crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, if committed by, through, and with the use of ICT), Chapter II of RA 10175; 

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It is a general term used to refer to either a violation of Section 4 (Cybercrime Offenses), Section 5 (Other Offenses), or Section 6 (all crimes defined and penalized by the Revised Penal Code

• Offense

• Crime

• Case

• Law

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n) Off-site search – refers to the process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, are allowed to bring the computer device/s and/or parts of the computer system outside the place to be searched in order to conduct the forensic examination of the computer data subject of the warrant.

o) On-site search – refers to the process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, obtains the computer data subject thereof for forensic examination, without the need of bringing the related computer device/sand/or parts of the computer system outside the place to be searched· 

p) Preservation – refers to the keeping of data that already exists in a stored form, protected from anything that would cause its current quality or condition to change or deteriorate;

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Multiple Choice

It refers to the process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, are allowed to bring the computer device/s and/or parts of the computer system outside the place to be searched in order to conduct the forensic examination of the computer data subject of the warrant.

• Off-site search 

• On-site search 

Multiple Choice

It refers to the process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, obtains the computer data subject thereof for forensic examination, without the need of bringing the related computer device/sand/or parts of the computer system outside the place to be searched· 

• Off-site search 

• On-site search 

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It refers to the keeping of data that already exists in a stored form, protected from anything that would cause its current quality or condition to change or deteriorate

• Preservation

• Cleaning

• Keeping

• Saving

q) Service provider – refers to: (a) any public or private entity that provides users of its service the ability to communicate by means of a computer system; and (b) any other entity that processes or stores computer data on behalf of such communication service or users of such service;

The term service provider as used in this Rule is understood to include any service provider offering its services within the territory of the Philippines, regardless of its principal place of business·

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 Service provider – refers to:

• (a) any public or private entity that provides users of its service the ability to communicate by means of a computer system;

• (b) any other entity that processes or stores computer data on behalf of such communication service or users of such service;

• Both A and B

• A Not B

• B Not A

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Subscriber’s information – refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services, other than traffic or content data, and by which any of the following can be established: 

1. The type of communication service used, the technical provisions taken therewith, and the period of service; 

2. The subscriber’s identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information that are available on the basis of the service agreement or arrangement; or 

3. Any other available information on the site of the installation of communication equipment

• Both 1 and 2

• All of the 3

• Both 2 and 3

• Both 1 and 3

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r) Subscriber’s information – refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services, other than traffic or content data, and by which any of the following can be established: 

1. The type of communication service used, the technical provisions taken therewith, and the period of service; 

2. The subscriber’s identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information that are available on the basis of the service agreement or arrangement; or 

3. Any other available information on the site of the installation of communication equipment that is available on the basis of the service agreement or arrangement; and 

s) Traffic data -refers to any computer data other than the content of the communication, including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service. 

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It refers to any computer data other than the content of the communication, including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service. 

• traffic Data

• Traffic Message