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(1) On Service Providers (i) The law defines service provider as “any public or private entity that provides to users of its service the ability to communicate by means of a computer system” and “any other entity that processes or stores computer data on behalf of such communication service or users of such service” Section 3(n). Other relevant terms defined by the law include “computer data”, “subscriber’s information”, and “traffic data" Section 3(e), (o) and (p). (ii) For law enforcement purposes, service providers are required to preserve computer data within a specified period. The mandatory retention period (6 months) may be extended pursuant to an order by a law enforcement authority (one-time extension for another 6 months) (Section 13). (iii) Law enforcement authorities may thereafter compel the service...

In a recent decision by the country’s Supreme Court, two provisions of the Cybercrime Prevention Act of 2012 (see above) were stricken down and declared void for being unconstitutional. (i) In its original text, the law provided for the real-time collection of traffic data by law enforcement authorities and service providers were required to “cooperate and assist law enforcement authorities in the collection or recording” of said traffic data. Section 12 previously read as: "Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system. Traffic data refer only to the communication’s origin, destination, route, time...

(1) On Intermediaries The law defines an intermediary as “a person who in behalf of another person and with respect to a particular electronic document sends, receives, and/or stores, provides other services in respect of that electronic data message or electronic document”. Sec. 5(h) However, except where it excludes this person from the concepts of “addressee” see: Section 5(a) and “originator” see: Section 5(i), the law makes no mention the term anywhere else in its text. (2) On Service Providers (ii) A service provider, on the other hand, is defined by the law in the following manner: “’Service Provider’ refers to a provider of: i. online services or network access or the operator of facilities therefor including entities offering the transmission, routing, or providing of connections for online communications...

(1) On Internet Content Hosts (i) Under the law, an internet content host is defined as any person who hosts or who proposes to host internet content in the Philippines Section 3(f). Each one is bound to observe and perform certain specific duties, thus: “Duties of an Internet Content Host. – An internet content host shall: (a) Not host any form of child pornography on its internet address; (b) Within seven (7) days, report the presence of any form of child pornography, as well as the particulars of the person maintaining, hosting, distributing or in any manner contributing to such internet address, to the proper authorities; and (c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities. An internet content host shall, upon the request of proper authorities, furnish the...