Friday, January 20, 2012

CYBERCRIME

The dawn of the new millennium has brought tremendous changes in global perspectives. The concept of unknown horizons and unexplored world terrains vanished. In a sense the huge world, which we thought was so vast that one cannot travel from one end to the other without spending one’s generation, shrank. Societies grew from interNational to isolated populace where each spends most of his time sitting in front of a computer. With the advent of such revolution the concept of Cyberspace was born and with it, the lives of the people and how they interact with one another correspondingly and dramatically changed.

Almost every kind of data may be found in the Cyberspace and with the advent of the Internet, access to them became a matter of seconds. As virtual as the Cyberspace may seem, what may be found in them are in straight graphical replica of what is real. The system of data access became revolutionized and from the macro schemes of things to the crudest representations of information, even information and on-line interaction between people became possible.

The concepts of on-line communication through the Internet, use of interactive cameras, blogs, E-mails, Youtube, on-line posts, and other related terms were born and with it the way societies interact and even behave changed. Human interactions and some of the traditional way people deal with other people in the society even the way stalking and bullying greatly changed.

Throughout the years stalking and bullying have been exhibited in almost all kinds of environment but a bulk of such cases especially bullying usually happen in schools and the perpetrators are normally children from pre-school to high school. Stalking on the other hand does not have an exact environment or perpetrator age-group because of its process which involves a sequence of events and is committed from anywhere from the point from where the victim reside up to their places of study, work, recreation, etc.

Article II Section 5 of the 1987 Philippine Constitution states that, “the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy.” One of the avowed policy of the government is the promotion of the general welfare of the people and in order to enjoy peace and order means curbing untoward behavior which essentially disrupts social harmony. As the act of bullying usually transpire among children, it is hard to impose punitive justice against them. As the effect of bullying manifest in different forms, the more evident manifestation by which the law may interfere is when physical assault was committed. However, since the perpetrators are mostly children under the age of majority, the restorative form of justice embodied in Republic Act 9344 or the Juvenile Justice Law i semployed wherein child offenders are subjected to intervention program and is brought to child caring institutions in the hope of reintegrating him in the society.

Stalking on the other hand, due to the circumstances by which it was committed, do not have an exact enabling law by which it is punished. Stalking involves actions wherein the perpetrator or stalker would follow the activities of the victim and is normally tagged as following another person’s movement from one place to another. At most, the victim may avail of the provisions under Article 202 (4) and Article 287 of the Revised Penal Code. Under Article 202 (4) of the Revised Penal Code, any person who, not being included in the provisions of other articles in this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable causes and who shall be found guilty thereof shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correctional in its medium period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court. Article 287 of the same punishing unjust vexation by arresto menor or a fine ranging from 5 to 200 pesos, or both. The duration of such penalties, which ranges from one month and one day to six months in case of arresto mayor and one day to thirty days in case of arresto menor, and the meager fines by which the offenses are punished cannot surpass the psychological trauma and other effects of such negative behaviors.

yber stalking is generally defined as the use of Internet or other related means to stalk someone. It has been scholarly defined as the use of information and communications technology, particularly the Internet, by an individual or group of individuals, to harass another individual, group, or organization. It involves false accusations, monitoring, the transmission of threats, identity theft, damage to data or equipment, the solicitation of minors for sexual purposes, and gathering information for harassment purposes (Bocij 2004).

The effect upon the individual who fall as victim to such disruptive behavior ranges from mild psychological stress to anxiety and paranoia. Perpetrators usually use the flexibility of the Internet to obtain information about the victim by tracing their IP address thereby accessing their home, office, or school address. It may also come in a form wherein an individual or group of individuals or, in case of syndicated cyber crimes, organizations use blog sites, e-mails, social networking sites such as Friendster, Twitter, Facebook, Tagged, and the likes to discredit an individual or organization. It is accompanied by a malicious intent to damage one’s reputation by sending malicious and false accusations against them for the purpose of discrediting their victims.

With on-line posts which can be both in written and visual communication, one may be able to discredit or simply harass another by uploading, in the case of visual communication, pictures, messages, video recording involving another person, group of persons or organization in the Youtube or other similar sites. Threats are also sent through e-mails and other similar form of internet communication. Another popular way by which cyber stalking transpire is by monitoring their private activities using high-end communication gadgets ran by the internet and other form of information technology tools. Trained and highly technical skilled individuals may tap upon streetlights, building cameras and CCTVs to follow one’s movement. Without any legitimate purpose, they seemingly spy upon another’s activity without any clear design other than to harass them.

At present, the Philippines has no explicit legilation on cyber stalking or cyber bullying. Nevertheless using the aforementioned definition of cyber staking petaining to the involvement of false accusations, transmission of threats, identity theft, damage to data or equipment, certain acts could be subsued in the acts prohibited under the Republic Act No. 8792, An Act Providing for the Recognition and Use of Electronic Commercial and non-comercial Transactions and Documents,Penalties for Unlawful Use Thereof and for other Purpose or the E-Commerce Act, to wit:

SEC. 33. Penalties. - The following Acts shall be penalized by fine and/or imprisonment, as follows:

1. Hacking or cracking which 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 theintroduction of computer viruses and the like, resulting in the corruption,destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundredthousand pesos (P100,000.00) and a maximum commensurate to thedamage incurred and a mandatory imprisonment of six (6) months tothree (3) years.

It is apparent that the above-mentioned law only provides penalties to specfic acts done to promote cyber stalking. It only subsued the tip of the gamut of cyber stalking. The danger that is posed by cyber bullying and cyber stalking has more far-fetching residues and ripples upon social peace and order. For someone to haunt another’s peace of mind debases morality and effectively undermine trust and confidence in the social forces that is supposed to safeguard people’s welfare against social harms.

Despite the lack of clear cut legislation designed to curb cyber stalking and cyber bullying, there are current efforts recognizing the dangers that these negative practices bring upon an individual or group of individuals in a society. In April 2009, Senator Juan Ponce Enrile filed Senate Bill No. 3177 entitled An Act Defining Cybercrime, providing for the prevention, supression and imposition of penalties and for other purposes. The Bill recognizes the stark advantage of the internet as it is nowadays a necessity and a tool for development and efficiency. However it also recognizes the growing criminal perpetrators using the internet in carrying out their illegal activities. The Bill seeks to define what consitutes cybercrime and has mentioned in passing cyber stalking as an emerging trend espousing safer medium to stalk someone as this will not require physical presence when committing the misdeed and would only require an internet capable computer system. In the said proposed law however, cyber stalking and cyber bullying were not extensively mentioned as one of the cybercrimes needed to be addressed. It specifically tackled child pornography using the internet as well as Internet espionage and similar scenarios.

It is important to understand however, that cyber stalking and cyber bullying are relatively new phenomenon in the country. This is the reason why there are no laws specifically pertaining thereto as of the present time. The E-Commerce law may be used to encompass other related activities but the scope of the said law is not comprehensive enough to include specific crimes of cyber stalking and cyber bullying. Despite several proposed enactments and resolutions by the Legislative arm of the government, there is still a need to concretize specific enabling laws that will establish legal grounds for singling out acts of cyber stalking and cyber bullying and penalizing the same. Without a specific law to criminalize such acts, aggrieved parties may be left with no other recourse but to file for civil damages using the general law on human relations enshrined under Article 19 of the Civil Code of the Philippines which aptly states that:

Article 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due and observe honesty and good faith.

In the absence of such enabling law to criminalize such acts and provide penalties for the commission of such, the victim may only claim civil damages by way of filing cases on the basis of the above-mentioned provision. The perpetrator may pay the indemnity but may get away scott-free from the acts which he or she committed. The penalty provided by existing law do not commensurate to the damage and injury that such acts produce.

The vastness of uncertainty and abyss in the old world has diminished. Such social state subjects all people from cyber stalking and cyber bullying and exposes them to danger and risk of undermining their overall well-being. To appeal that perpetrators of such acts should be punished in a more severe manner cannot hold ground for under the law in order to fully prosecute individuals committing such acts. There must be a legal basis whereby courts may be guided as to what kind of acts, degree of severity, and the corresponding penalties each and every defined act therein will be penalized. As there is no such law such appeal should fail. As the famous criminal law principle aptly provide “there is no crime when there is no law punishing it” and cyber stalking and cyber bullying however severe and damaging their impacts would be cannot be punished unless there is specific legal provision stating otherwise.

Saturday, November 5, 2011

LIAR, LIAR...


Over the years, CIA agents, police detectives, psychologists, lawyers and others have tried a variety of methods to identify liars, from polygraph machines to "voice stress analysis" to analysis of barely perceptible facial movements that can give away hidden feelings. None of the techniques has been foolproof.

And the search for the truth continues. The science of liars and lying remains a hot topic in research circles, and book after book offers the latest theory about how to tell when a spouse is cheating, a witness is lying in court or a car salesman is overstating the value of a vehicle.

A person's eyes tell the truest story.Looking at someone in an unwavering manner and answering the question is very telling. When I see eyes shift side to side and up and down, it just causes suspicion.

Hartley, the former interrogator, agrees that body language can hint at deception. But not always, he says. "Your eyes drift naturally when you're searching for information," he says. "I've never met anyone who doesn't move their eyes when looking for details."

The key to uncovering a lie, he says, is knowing how the liar behaves normally, when he or she is relaxed, and picking up on changes in voice patterns, eye movement and other body language.

"You've got to ask the right questions, then observe how that person responds," Hartley says.

Signs of stress, which may signal that someone is lying, include flared nostrils and audible breathing, shaky hands and elbows moving closer to the ribs, according to Hartley.

"Stress does horrible things to our brains," he says. "Stress hormones can virtually turn off your brain and make you become reactive."

For the most notorious liars, the tendency to fib may be biological, suggests a study by researchers at the University of Southern California.

Pathological liars, the scientists found, have structural differences in their brains that could affect their abilities to feel remorse and learn moral behavior and might give them an advantage in planning deceitful strategies, the researchers discovered.

Types of lies
Joseph Tecce, an associate professor of psychology at Boston College who has studied liars and lying, identifies six types of untruths, some more egregious than others.

He classifies them as:

The 'protective' lie, which can shield the liar from danger.

The 'heroic' lie, created to protect someone else from danger or punishment.

The 'playful' lie, such as an angler's fib about the size of his fish.

The 'ego' lie, designed to shield someone from embarrassment.

The 'gainful' lie, which somehow enriches the fibber.

And the 'malicious' lie, told to deliberately hurt someone else.
Other scientists have suggested that pathological liars owe their behavior to the psychiatric diagnosis known as narcissism, and may truly believe their own falsehoods.

Monday, September 5, 2011

OBSESSION

The relationship of love has different dimensions to it. Obsessive love relationship is probably the worst manifestation of the feeling of love or when you mistake obsession for love.

The emotion of love needs recognition but it can't be forced down someone's throat. At times people who are obsessed with their feelings tend to consider their obsession towards their object of desire as their love. Obsession is a state of mental and clinical disorder due to which people get highly self-centered and feel rather insecure towards the other person.

They would rather attempt at tying down the other person instead of understanding their emotions and needs. In case of non-reciprocation from the other side the obsessed person is more hell bent on compelling and getting attention from the object of his obsession. In cases of complete mental illness the patient mostly complains of hallucinating about vulgar and disgusting images of the person they are obsessed with.

This somehow increases their tendencies to get more possessed by the thoughts of the person they desire. Though in this kind of obsession towards a person the element of compulsion is nominal but most mental victims tend to compulsively think about the person of their desire.

In most cases the obsessed people love to either harm the other person physically or mentally. The obsessed person desperately wants to make his or her presence felt in the other person's life by physical abuse. Regarding mental harassments the obsessed person wants the other person to be deliberately scared of him and to always remain in a state of perpetual fright and trauma as they derive some sadistic pleasure.

It goes without saying that they feel greatly powerful when they see their victim panicking with fear and traumatized to the core. These obsessed lovers who forcefully want to get attention probably do this out of some insecurity manifested by a troubled childhood or rejections in previous relationships. They are always scared of loosing and so they tend to come down more forcefully on the person of their love or desire. They want to hold on to that one person by hook or by crook and in the process they scare of that person who feels highly suffocated amidst so much of forceful enforcements from the other side.

Even at times the mentally obsessed lover does not want to come to terms with the truth after a break up has taken place. In that case it's advisable for them to seek medical help and try to get a hold of the reality in order to lead a normal and healthy life.

Saturday, September 3, 2011

I MISS YOU...

miss the way you say i love you
When i hold you close.
The way you look at me when we are all alone.
The way you kiss me when my head is down.
The way you smile when i say a joke,
Even when your mad at me when i slip up.
I miss the beat of your heart,
an how it match mine.
How you hold me on rainy days.
I miss everything about you,
and your funny ways.
i miss…..i miss….. i miss the love you bring.
But most of all i miss you...

Friday, September 2, 2011

PLATONIC

I really want to forget
that we had ever met
but you're clinging too tight
haunting my lonely nights
I tried to go to places far from here
yet its still your voice I want to hear
your face and smile I want to see
its always with you I want to be

But it's late,and I can't..
It will hurt you,.I know
But what I can do..
You must and I should forever forget you..

Just love her the way you adore me..
If only I could love you back I would..
But..you know that I can't and forever will not be..

For this my friend,.you will always be..
a special someone in my heart..that I kept on thinking..
what could have been for us..if you have told me 12 years earlier..
what you have told me 2 years ago...and for every moment that you keep on reminding me YOUR PROMISE...

Wednesday, August 31, 2011

Relationship

Are you in a possessive love relationship? Is your partner clinging onto every moment of your life, or is it simply infatuation and he or she will soon settle down. Read on to understand the path of your relationship.

One of the most magical experiences in one’s life is falling in love. Those butterflies in the stomach and blushy nervousness all make the days of courtship romantic and special. Suddenly we feel completely glued to our partner and it seems that you can’t live apart for even one minute. These emotional bonds of passion, affection, and attachment become the center of our being.

But as you start settling down in a relationship, one partner may suddenly note the behavior partner of the other a bit altered. Small-small matters turn into arguments and the demand on your time is more and more. Even before you completely realize it, you may find yourself caught in an unhealthy relationship. This possessive love can not only pull you down, but even take you on the path of a downhill relationship.

Many times it happens that this possessive love is seen just in the initial phases of a relationship and as the couple starts getting comfortable with each other, this possessiveness mellows down. But sometimes just the opposite happens. The emotional attachment becomes so high, that in place of security; insecurity develops creating problems in the love relationship.

Here are some warning signs indicating you are in a possessive love relationship.

Trying To Keep In Touch All The Time
When couples feel the newness of a love relationship they constantly try to keep in touch with each other. Whether it is calling each other or sending messages. But if your partner keeps on sending you messages every minute, knowing you are not there to receive it, then it is time to panic. You both met just a while ago, and instantly there is an e-mail waiting in your mailbox, then these are the first signs of an obsessive lover. If due to any reason you are not able to pick up his or her call and they loose their temper on it, then definitely the person is not in the right frame of mind. Also the nature of gifts suddenly change.

The gifts seem to get more personal and expensive. This lover is definitely trying to hold on to each and every aspect of your life. It is not surprising if you suddenly start feeling suffocated and tied down.

Crossing the Boundary Lines
Each relationship has some unsaid lines that should never be crossed over. If you tell your partner not to call up at late hours or come to your office, then it is expected that person respects it. And if these simple requests and rules are overlooked on purpose then you surely need to keep a lookout in your relationship.

Snooping Around
Possessive partners always try to find out as much possible about their lovers. If your sweetheart talking about your childhood with your family members then it is quite ok. But if the same person goes all the way of doing online searches or tries to dig out old friends, then it is time to press the warning button. This possessive love can definitely take a toll on your life.

Blowing Things out of Proportion
A possessive lover will manage to turn every small issue into a big fight. The most common reasons for such a fight is asking your partner not to talk to a certain person or friend, since he or she doesn’t like him. Another common reason is going somewhere without telling your partner about it, maybe even to the grocer. If you feel your partner is simply jealous, then it is time to think again.

Breaking Up
One of the most painful things to do in a relationship is to break up. But believe it, breaking up is much better than suffering with a possessive lover. Even if you call things off, your lover may still continue to call you up and tell you how much he or she misses you. Sometimes these possessive lovers even go to the extent of tracking you down and following you everywhere. But if you stand your ground, sooner or later this is going to end and then once more you can be a free bird.

Wednesday, April 13, 2011

My love


Love is like the wind; I can't see it, but I feel it. Whenever you hold my hand or touch my face, not only do I feel love inside of me, I feel your love for me. It's so real.

I never thought that I could ever love anyone as much as I love you. You are my one and only. One day, when we are old and gray, sitting on our porch in our rocking chairs, we'll be able to think back to all the fun we've had. We can think of how we stayed with each other through thick and thin. We can think of all the fights we've had, and how we always got back together. Our fights are what make us grow stronger and, if I could change one thing about our relationship it would be that we would never get old; that way I could spend eternity with you.

I love you. You are my heart, my soul, and my life. For always until forever.