Trolls. Do you know what it means? Do you know who they are?

Do you know what they

do? Do you call anyone as such?
I am not pertaining to those mythical, cave-dwelling being depicted in folklore as either a giant
or a dwarf, typically having a very ugly appearance. But you can freely assume I am doing so, if
you so desire. I am actually referring to those "internet trolls". We often hear this term in the
web, but who exactly are these trolls? Let me give you a brief description.
In internet slang, a troll is a person who sows discord on the Internet by starting arguments or
upsetting people, by posting inflammatory,[1] extraneous, or off-topic messages in an online
community (such as a newsgroup, forum, chat room, or blog) with the deliberate intent of
provoking readers into an emotional response[2] or of otherwise disrupting normal on-topic
discussion,[3] often for their own amusement.
Yes, you read it right. They often do it for their own amusement. Can you believe that?
During the old days, people write libelous articles to smear a person's reputation often through
underground publications or if they are bold enough, on publications with national circulation.
People talk about it like some hot gossip fresh out of the oven and that gives rise to some good
old libel lawsuit. (Which means jobs for us lawyers?) But at the turn of the century, man got
more intelligent and with our unquenchable desire for innovation and comfort, we invented
computers. Thanks to the likes of Alan Turing and Konrad Zuse, life has never been easier.
And so committing libel has never been easier and persecuting this felony has never been
harder.
How do these trolls do it? How can they destroy your life and reputation so easily?
They could be there, sitting in front of their computer. They have now created several fake
accounts, set up intentionally to be false accounts which cannot be directly traced to them. They
have a client, who for some reason wanted a certain celebrity or political figure's reputation
destroyed and what better and faster way to do it? Use Facebook or any social media platform
that has far-reaching audience.
So the troll, without any repercussions, created what we call "memes" or false articles depicting
horrible and negative news about this person. The memes and articles received views, comments,
likes and shares. Until it went "viral" that it finally reached the attention of the person it aims to
besmirch. The poor victim cries foul and wanted whoever spread the malicious rumors to be
persecuted.
But who does he/she actually sue? The article has been passed on, shared, spread that it already
is hard to trace who originated it. Who can be held liable?
The law was neither stupid nor blind to these modern problems. Our good lawmakers back from
2001 decided that it's about time to enact a law that strongly penalizes these acts that somewhat
found loopholes from the old provisions of the Revised Penal Code. Finally, in 2012 the
Cybercrime Prevention Act (CPA).
According to our Supreme Court, a person or entity who posts something (in words or pictures)
which can be proven false, and is intended to harm the reputation of another by tending to
bring the target into ridicule, hatred, scorn or contempt of others may be arrested, detained,
and imprisoned because of libel. If that is the case, we are all probably guilty of these crimes.
For who in their lifetime has not intended to harm anyone online? No, I'm just kidding.

This online/internet libel law, however, punishes only the original author of the post. Those who
liked, shared, retweeted or re-blogged a post will not be criminally liable. There, I was
able to breath for a while.
But aside from libel, what are other crimes/offenses are aggravated by the use of computers. I
can only think of a lot.
1. Child Pornography. The unlawful or prohibited acts defined and punishable by Republic
Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
Here the law imposes a higher penalty than the normal if the crime is committed using
computers. Historically, consumers of child pornography have trafficked photographs and related
information through newsletters and tightly controlled exchange networks. Now, with the
advancement of computer technology, child pornographers exchange this information through
computers.
2. Art. 308. Theft and Violations of the Intellectual Property Law (IPL)
Theft is committed by any person who, with intent to gain but without violence against or
intimidation of persons nor force upon things, shall take personal property of another without the
latter's consent.
Perhaps the best illustration will be theft of Intellectual Property Rights. Intellectual property
consists of concepts, ideas, planning documents, designs, formulas, and other information-based
materials intended for products or services that have some commercial value or represent
original thoughts or theses. Crimes associated with intellectual property focus primarily on theft
when the product has commercial value, as opposed to basic research or research for private use.
In some instances, the theft takes place when a competitor manufactures a similar product
developed from stolen intellectual property. In other cases, the crime occurs when the offender
mounts counter marketing strategies after learning of a competitor's product through illegal,
electronic means, oftentimes referred to as competitive intelligence. Frequently, these crimes are
difficult to discover and even more difficult to prove. The problem becomes further complicated
when the property is still in the developmental stages with its final design or application still
incomplete.

3. Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of
said falsified messages. The penalty of prision correccional in its medium and maximum
periods shall be imposed upon officer or employee of the Government or of any private
corporation or concern engaged in the service of sending or receiving wireless, cable or
telephone message who utters a fictitious wireless, telegraph or telephone message of any system
or falsifies the same.

Any person who shall use such falsified dispatch to the prejudice of a third party or with the
intent of cause such prejudice, shall suffer the penalty next lower in degree.
4. Violations of the Anti-Money laundering Law (AML)
An increasingly common way of laundering money is to use online gaming. In a growing
number of online games, it is possible to convert money from the real world into virtual goods
services or cash that can later be converted back into the real thing.
Another scam is to offer people jobs in which they can make a substantial income working from
home. However, the job involves accepting money transfers into their accounts and then
passing these funds on to an account set up by the employer. In other words, money laundering!
5. Art. 282. Grave threats. Any person who shall threaten another with the infliction upon
the person, honor or property of the latter or of his family of any wrong amounting to a crime,
shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime be
threatened to commit, if the offender shall have made the threat demanding money or
imposing any other condition, even though not unlawful, and said offender shall have
attained his purpose. If the offender shall not have attained his purpose, the penalty lower
by two degrees shall be imposed. If the threat be made in writing or through a
middleman, the penalty shall be imposed in its maximum period.

6. Art. 290. Discovering secrets through seizure of correspondence. The penalty of prision
correccional in its minimum and medium periods and a fine not exceeding 500 pesos shall be
imposed upon any private individual who in order to discover the secrets of another, shall seize
his papers or letters and reveal the contents thereof.
7. Art. 292. Revelation of industrial secrets. The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be imposed upon the
person in charge, employee or workman of any manufacturing or industrial establishment who,
to the prejudice of the owner thereof, shall reveal the secrets of the industry of the latter.
8. Art. 318. Other deceits. The penalty of arresto mayor and a fine of not less than the
amount of the damage caused and not more than twice such amount shall be imposed upon any
person who shall defraud or damage another by any other deceit not mentioned in the preceding
articles of this chapter.
9. Art. 360. Persons responsible. Any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing or by similar means, shall be responsible
for the same.

The author or editor of a book or pamphlet, or the editor or business manager of a daily
newspaper, magazine or serial publication, shall be responsible for the defamations contained
therein to the same extent as if he were the author thereof.
10. Art. 120. Correspondence with hostile country. Any person who in time of war, shall
have correspondence with an enemy country or territory occupied by enemy troops shall be
punished.
With computers and other electronic messaging devices, it has become relatively easy to send
sensitive national security information to hostile countries. It is no longer limited to the
traditional letters or telegrams, but could include encrypted emails or deciphers. Hence, this
provision of the RPC is applicable.
There are several ways in which computers are either the object of the crime or the aide to the
commission of the crime. With the advent of technology, it is possible to commit a crime at the
comfort of your own seat.
Now back to the troll, thinking that he will not be caught continued with his modus operandi and
continued getting cash for it. He did not have the slightest idea though that the NBI and the PNP
has been silently tracking these online trolls who continue to do damage online. Our law
enforcement was able to successfully track the IP address of the computer that he was using.
Hence, able to track his location was able to pinpoint who was behind all the libelous articles and
photos.
Just recently a woman from Cebu was the first to be charged of online libel under RA 10175.
Don't think for a second though that it's only trolls that the law punishes for cyber-libel. Now,
everyone who posts anything on their social media accounts can be held liable of this crime. So
perhaps the best thing to do is to think before you click.
Computer Crime: How Techno-Criminals Operate
by David L. Carter, Ph.D.
[Dr. Carter is a professor in the School of Criminal Justice, Michigan State University, East
Lansing, Michigan.]

Criminal Law and The Internet Mark D. Rasch [n]

Revised Penal Code of the Philippines