Technology and Telecommunications

The DICT as Indirect Regulator

The DICT as Indirect Regulator

A Look into the Department’s Potential for Impact on Telecommunications, Government Procurement and Coordination Among Agencies On May 20, 2016, Republic Act No. 1084, otherwise known as the “Department of lnformation and Communications Technology Act of 2015”, was signed into law. The Act’s Implementing Rules and Regulations have since been released as of October 15, 2016. Composed of administrative agencies formerly under the Department of Transportation and Communications (DOTC) and the Department of Science and Technology (DOST), and which will remain autonomous, the DICT has several roles to play, among which are to ensure an increase in cyber security and monitor […]

The Anti-Distracted Driving Act at a Glance

The Anti-Distracted Driving Act at a Glance

The Anti-Distracted Driving Act or R.A. No. 10913, which aims to promote the responsible use of electronic devices on the road and protect citizens from vehicular accidents, has become law on July 21, 2016. Here are five things you should know about this Act: The Act covers all kinds of land transportation vehicles, whether public or private. All motorists using hand-held mobile phones, computers and any similar electronic devices while driving, even when temporarily stopped at a red light,  are liable under the Act. Hence, sending or reading messages on a mobile device, making or receiving calls, playing electronic games, […]

Internet Service Providers: Can they be held liable for cybercrimes?

Internet Service Providers: Can they be held liable for cybercrimes?

One of the current challenges in cybercrime prevention legislation includes the determination of liability of Internet Service Providers (ISPs) in offenses including cyber trafficking, copyright infringement, and the like. Undeniably, ISPs play a significant role as intermediaries in providing means for relaying information to internet users through their systems. While the Cybercrime Prevention Act of 2012 outlines the responsibilities of ISPs with respect to the conduct of cybercrimes, certain provisions of the Act also exempt them from liabilities. As ISPs are not mere passive actors in the industry, our government should be more progressive in rethinking these exemptions granted to […]

Gaming Online Polls: How Hard Could It Be?

Gaming Online Polls: How Hard Could It Be?

  It is election season once again, and with it comes a slew of opinion polls showing this politician or that politician-to-be, as the nation’s favorite candidate (for the time being). These polls are conducted regularly, over a relatively long period of time, in order to reflect the vicissitudes of electoral whims. Now, since more than half of Filipinos are online, a number of these polls have been conducted through websites. The move is understandable as the benefits are obvious: using the net to reach out to participants is far more convenient and time-efficient than going to them personally, or […]

Regulating Uber in the Philippines

Regulating Uber in the Philippines

  Introduction Uber is a taxi-hailing service mobile application that allows any smart phone user to hail a for-hire vehicle without needing to physically be on the street. Founded in San Francisco, California in 2009, the company has since expanded its operations to 300 cities in 58 countries.[1] Using the Global Positioning System (“GPS”) on smartphones, the application pairs passengers with drivers in a matter of minutes, hence eliminating the uncertainty of when a vacant cab would arrive, if any at all. Additionally, all transactions are managed by Uber – from charging the fare on the passenger’s credit card to […]

Condominium Rights in the Face of the Sharing Economy Model

Condominium Rights in the Face of the Sharing Economy Model

  An Analysis of the Legal Rights of Airbnb Lessors of Condominium Units In recent years, many high-rise condominiums have been in major cities in the Philippines. Despite concerns about an oversupply of units, many analysts expect the Philippine real estate market to be profitable for the years to come.[i] What cannot be denied is that many condominiums are not used by their owners as their primary dwellings. They are, for the most part, investment vehicles earning revenue primarily through long-term leases. The rise of the sharing economy[ii] and the advent of sites like Airbnb have changed that. Airbnb was […]

CAP Regulations on Drones 

CAP Regulations on Drones 

Unmanned Aerial Vehicles (UAV’s) like drones, airships, and rotorcrafts are becoming commonplace. Their application is no longer confined to the military or for warfare, as they can be used for recreational purposes such as photography and tourism. In response to this trend, the Civil Aviation Authority of the Philippines (CAAP) issued Memorandum Circular No. 21, as well as Memorandum Circular No. 35 last June and November 2014, respectively. These memoranda amended Part 11 of the Philippine Civil Aviation Regulations (PCAR), providing new rules with respect to the operation and registration of UAV’s. The recently issued memoranda defines UAV as an […]

NTC Rules on Prepaid Load

NTC Rules on Prepaid Load

According to a 2013 report issued by the National Telecommunications Commission (NTC), there are about 80 million prepaid subscribers in the Philippines. Another report made by Mobile World Live in 2014 found that 96% of cellphone users in the Philippines are prepaid subscribers. In response, the NTC, the government agency charged with the regulation of public telecommunication services issued Memorandum Circular (MC) 03-07-2009 imposing a minimum validity period for load credits of prepaid subscribers. Generally prepaid loads of higher value have longer validity periods. The minimum periods are as follows: P10.00 or lower                                               Three days More than P10.00 to P50.00 […]

Anti-Cybercrime Law’s IRR signed, released

Anti-Cybercrime Law’s IRR signed, released

August 12, 2015 — The Implementing Rules and Regulations (IRR) of RA 10175 or the “Cybercrime Prevention Act of 2012” was signed by Justice Secretary Leila De Lima, Interior and Local Government Undersecretary Edwin Enrile, and Science and Technology Secretary Mario Montejo at the New World Manila Bay Hotel. The IRR was signed almost three years after RA 10175 was enacted on September 12,2012. You may download the full text of the IRR below. RA 10175 IRR Read more about the Litigation practice at Disini & Disini Law Office Read more about the Technology and Telecommunications practice at Disini & Disini Law Office

Innovating Digital Citizenship:  A Study on the Estonian E-Residency Project

Innovating Digital Citizenship:  A Study on the Estonian E-Residency Project

The Philippines is one of the world’s leaders in social media use and one of the top Business Process Outsourcing (“BPO”) destinations in the world. Over the past decade, our information Technology Outsourcing (“ITO-BPO”) industry had posted double-digit growth in revenues. In 2015, the Philippines will be part of a single, integrated ASEAN Economic Community—one with a market of over 600 million people. This gives the Philippines an opportunity to build on its strengths and establish a reputation as the premiere e-commerce hub of ASEAN. To achieve this goal, it would be interesting to observe one of the recent innovative developments […]

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