“The New Rule on Cybercrime Warrants”


More than five (5) years after the enactment of the Cybercrime Prevention Act, the Supreme Court promulgated the new Rule on Cybercrime Warrants that took effect last August 15, 2018. The Rule is an integral link in the implementation of the Cybercrime Prevention Act and adds teeth to investigations into cybercrimes.

The new Rule tackles issues that affect not only large service providers but private companies and operators of any kind of network. It allows victims access to remedies and investigative tools available under the Act but have remained dormant because there were no enabling rules to guide judges. The Rule will no doubt have a permanent impact on the landscape for cybercrime investigations, law enforcement and prosecution.

Join us in this Forum to learn about the legal and technical aspects of cybercrime investigations. The Forum will take a multi-disciplinary approach to better understand cybercrimes; the nuances of conducting an investigation and building up a case.

The Cybercrime Prevention Act including its Implementing Rules and Regulations provide the backdrop for the new Rule on Cybercrime Warrants. In this session, an overview of the Act and its relationship to the new Rule will be discussed. JJ Disini
II. CYBERCRIME AND FORENSICS This technical session will discuss the forms of cybercrimes and tools used to commit them. Case studies will be used to provide context to the new Rule and deepen understanding of the technology as it relates to the new remedies outlined therein. Gino Bello & Drexx Laggui
III. PRESERVATION AND DISCLOSURE ORDERS The preservation and disclosure orders under the Act and the Rule are the immediate tools available when a cybercrime investigation is initiated. In this session, the panel will discuss the legal aspects of these remedies while discussing the technical challenges facing information security experts and service providers.

Gino Bello, JJ Disini, Drexx Laggui
IV. REAL TIME INTERCEPTION OF COMPUTER DATA The Rule allows the issuance of a Warrant to Intercept Computer Data which may very well be an amendment to the Anti-Wiretapping Law. Since all voice and communications done today are electronic in nature, the ability of law enforcement officers to intercept the same has significant implications for the privacy of individuals.

Gino Bello, JJ Disini, Drexx Laggui
V. SEARCH AND SEIZURES SESSIONS Gino Bello, JJ Disini, Drexx Laggui
The Application Process.

Because a search warrant is a legally permissible way to invade the privacy of citizens, it is important to understand the legal and technical aspects that face those that seek its issuance.

The Raid -- Serving a Warrant to Search Seize and Examine Computer Data.

Conducting a raid presents raft of legal and technical problems that need to be sorted out and planned carefully. Having advance information about these problems and how they can be managed can help bring more favorable outcomes.

The Aftermath of a Raid.

In this session, the technical details of digital forensics of the devices and items seized, including best practices in preserving information and handling the testimonial aspects arising from the evidence will be tackled and discussed.