Friday, January 11, 2013

On Senate Bill 3327: Magna Carta for Philippine Internet Freedom (MCPIF)


This entry will not be a comprehensive discussion on Senator Miriam Defensor-Santiago’s Magna Carta for Philippine Internet Freedom (MCPIF). This would rather be an insight of a person that you can consider a mere mortal when it comes to technical terms on technology.

The senator felt the need to formulate a bill that would fill up the gaps that Republic Act 10175 had. If you may recall, its passage into law caused a lot of commotion over cyberspace. A lot of netizens participated in the heated discussions over the law’s effects and restrictions. The Supreme Court’s temporary restraining order on RA 10175’s implementation is about to be lifted this January and oral arguments are to be started promptly.

You are about to read the things I like and observe about the proposed bill.

The bill makes me appreciate that the State remains true to the Constitution’s mandate of pursuing policies that promote the internet as it recognizes in Section 2(4) that through technology in devices, we can create art, beauty and culture. I am proud that our laws are dynamic, there being effort to ride the tides of times and even technology, something so volatile, unpredictable. Nobody knows where it will lead us. I am also amazed that though we are looking at introducing changes on how we do things, it has not escaped the minds of our legislators to establish safeguards because this new thing about technology might actually be abused by some or a lot of people.

I understand that we really have to exert efforts on ironing out the provisions because it is undeniable, the internet has paved the way for participative governance. A lot of people, especially the young people are involved with what is happening around them because of Twitter. It has become very easy for heated but interesting insights come to the fore. It’s amazing how fresh ideas of young people are.

We have seen how swift help has come by especially in times of natural calamities or emergencies because everybody has maximized the connection we can have on cyberspace.

Knowing that people might be watching and have devices that could actually capture on picture or video anything good or bad, especially the bad, there has been something like a prompt at the back of everybody's head that I better behave or else, I’d be famous in the net in a really bad way and there's no taking it back once it spreads! So we police each other somehow.

I went over the terms and observe that it’s quite difficult to differentiate between some of them. Example, cyberspace and cyber environment? Among cyber attack, cyber warfare, cyber terrorism, and cyber crime? How about cyber defense and cyber security? And I snickered a bit when I read, “Section 31.1 Data processing equipment -Equipment used to process data” and “31.3 Storage equipment -Equipment used to store data” Really? Can’t we come up with a definition that does not use the same terms?

I like the idea of network neutrality (Chapter 3, Section 5). No favoritism. No one can restrict nor favor one class of data over another, subject to certain exceptions. It encourages free flow of ideas, encourages participation especially of the young ones. Now we care, because we have been given (consciously or otherwise) a chance to care, a power to speak up, a “microphone” so everybody can hear what we have to say.

I like the idea of parents having accountability in Section 12 (4 & 5). It forces them to keep watch over the sites that their minor kids are surfing. But I think it’ll be quite difficult for the parents to comply, considering the busyness in some other things like businesses and jobs and what have you.

I like the idea of interplay and cooperation among government agencies relevant to the implementation, but I hope the government agencies formed will not be a source of corruption because the purpose of the bill is noble. All of us Filipinos will benefit if funds are properly allocated and disbursed. A lot of doors will open if we have a decent information and communications technology. The world will get smaller, life will be easier. For all of us.

“Citing a 2012 report by the Department of Science and Technology, the business process outsourcing industry, the information technology outsourcing industry and other outsourcing industries, also known as knowledge worker industries strongly dependent on fast and reliable ICT and Internet networks, have contributed $11 billion in export revenues, or an estimated 5.4 percent contribution to the country’s gross domestic product in 2011.” (By Marvin SY, http://www.philstar.com/headlines/2012/12/01/877657/miriam-files-cyber-bill-ver-20, accessed January 11, 2013)

I hope the government will really exert efforts in finding the best tech guys for the job. I’m not saying that they didn’t, but I cringe at the idea that the cyber criminals are snickering over how inexperienced the law enforcers are when it comes to catching them and over how flimsy the security features of our ICT are. Please find the best! That’s where our money should go!

So, as imperfect as it may be, the laws our legislators come up with bring us closer to hopefully a better society. A wiser one. More responsible. Unselfish. More vibrant.

It would not hurt to read through it:
SB 3327 http://www.senate.gov.ph/lisdata/1446312119!.pdf

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