Monday, August 30, 2010




SECTION 1. It is hereby declared the policy of the City Government of Manila to bring
order to the operation of commercial establishments involved in certain computer-aided
and electronic endeavors in the course of affirming the general welfare under Section 16
and 458(a) of Republic Act Number 7160, otherwise known as the Local Government
Code, by guiding them away from certain forms of entertainment which are potentially
detrimental to their intellectual and moral well-being that may lead to truancy.

 SECTION 2. As used in this Ordinance, the terms-

 a)   “Interactive Entertainment Shops” shall refer to the following establishments
      in  existence  that  other  interactive  entertainment,  whether  or  not  in
      combination with other commercial undertakings:
 1.  Computer rental Centers;
 2.  Internet Cafes;
 3.  Video Game Arcades; and
 4.  Other business establishments offering similar services that are and may hereafter be created 
 b)   “Interactive Entertainment” shall refer to video games, web browsing, and over-the-internet communication
 c)   “Computer Rental Center” shall refer to any establishment engaged in the       business of renting out more than one micro-computer (generally known as personal computer), videogame console and other similar gaming platform
d) “Internet café” shall refer to any establishment basically offering over-the-
      internet communication and interactive entertainment combined with coffee or
refreshments in a snack-bar environment
 e)   “Videogame Arcade” shall refer to any establishment engaged in the business
      offering arcade video games utilizing dedicated game machines other than
      conventional game systems
 f)   “Video Games” shall refer to PC games, console games, and arcade games
 g) “Videogame Consoles” shall refer to a specifically- designed set top
 h) “Over-the-Internet Communication shall refer to any online communication, whether real-time or otherwise, utilizing computer terminals with the aid of video and/or audio connection, available in establishments enumerated in Paragraph ‘a’ hereof, which are deemed Over-the-internet Communication Shops, and shall include, but are not limited, to the following services: 
1.  Electronic Mail (or E-mail)
2.  Instant messaging
3.  Online Forum
 i)    “Class Hours” shall refer to the required time period for classes in any given school day that has to be attended to by the student as prescribed by his/her       school
 j)    “Out-of-school minor” shall refer to any youngster, below eighteen (18) years
      of age, who is not enrolled in any elementary or high-school institution or
      otherwise without any proof of schooling

 SECTION 3. The following prohibition shall be strictly complied with relative to the operation of computer rental centers, internet cafes and videogame arcades within the City of Manila:

 a)   No student belonging to the elementary and high school levels shall have access to any form of video games or be allowed entry to any computer rental center, internet café or videogame arcade for no definite purpose during class  hours from Monday to Friday of any given week, unless any such day fails on a legal holiday, or otherwise during the period of conclusion of the school year or the suspension thereof. In order to obtain access, such student shall show  proof  of  exemption  as  reflected  in  the  identification  card,
registration/enrollment  papers  and/or  original  copy  of  the  weekly  class schedule duly issued by the office of the school principal and attested by the class adviser.
 b)   Elementary and high school students shall be allowed to make use of the Internet:   provided, however, that such use shall solely be for educational and/or wholesome browsing and research purposes and under the supervision of the computer rental center or the Café’s manager or staff.
 c)   Elementary and high-school students shall be allowed to gain access to over-the internet communication: provided however, that such access shall solely be for wholesome communication purposes and under the supervision of the computer rental center or the Café’s manager or staff.
 d)   Out-of-School minors shall be allowed to gain access to any interactive entertainment and communications on any given day of the week; provided, however, that such access be limited to wholesome use and under the supervision of the computer rental center or the Café’s manager or staff; provided, further, that the same shall be without prejudice to the provisions of  Subsections ‘e’ and ‘f’ hereof.
 e)   In no case shall pornography or on-line gambling be allowed to any customer. For this purpose, a prohibitive sign with the words “NO PHORNOGRAPHY AND GAMBLING ALLOWED” boldly printed thereon shall be posted at the upper portion of every computer monitor. 
 f)   In all instance where access to computers rental centers, internet cafes and videogame arcades is allowed under the preceding subsections, the same shall  in no case last beyond 10:00 p.m. of any given day, except when accompanied by a parent, adult family member or guardian during curfew hours. 

 SECTION   4.  For  the  implementation  of  Section            3  of  this  Ordinance,  all owners/proprietors and staff of computer rental centers, internet cafes and videogame arcades shall: 
 a)  Positively determine the presence of elementary and high school students by their uniforms or similar clothing, identification cards, study materials and other similar items as well as their familiarity of regular customers. The physical  features  of  out-of-school  minors  shall  qualify  for  prohibition purposes. 
 b)  Provide transparency on the frontage of such establishments as well as adequate standard lighting of the interior premises to allow unimpeded outside view.
 c)  Program, activate or otherwise install a security system on all computer terminals or networks to prevent any access to pornographic sites or on-line gambling,

 SECTION 5. Upon the approval of this Ordinance, the Office of the City Mayor or any of its  duly  authorized  representative  departments/bureaus  shall  conduct  random, unannounced inspection on all establishments herein mentioned to ascertain compliance with the provisions of this Ordinance. Upon written complaint, the Manila Police or the Punong Barangay or his duly appointed official having territorial jurisdiction over such establishments/s shall conduct their own investigation to verify the fact of any violation. 

 SECTION 6. The Office of the Mayor shall formulate the necessary rules and guidelines for the efficient implementation of this Ordinance.

 SECTION 7. Any owner/proprietor of any interactive entertainment and communication
shop who violates or causes the violation of this Ordinance shall be punished as follows:
 a)  For the first Offense- a fine of One Thousand Pesos (P1,000.00)
 b)  For the Second Offense- a fine of Three Thousand Pesos (P3,000.00), or an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, including the suspension of the business permit; and 
 c)  For the Third and Subsequent Offenses-   a fine of Five Thousand Pesos (P5,000.00), or an imprisonment for a period of the court, including the revocation of the business permit. 

CFAA-Computer Fraud and Abuse Act - 1986 It is a felony : 
  • to commit unauthorized access to a Federal computer system with the intent to steal or commit fraud or inflict malicious damage.
It is a misdemeanor: 
  • to traffic in passswords.
(enforced by Secret Service or other authorized federal agency)  Electronic Communications Privacy Act -1986 
specifies which electronic communications are private and prohibits the unauthorized access to and disclosure of private communications. 
CDA-Communications Decency Act - 1996 
It a felony to transmit obscene or offensive material over the Internet.  This Act was challenged by the ACLU and the challenge was upheld.  The CDA was overturned in 1997. 
Web Copyright Law - 1997
An infringement of someone's copyright protected property valued at least $1000 can be prosecuted even if there is no profic from the crime.  The penalty can be from $100,000 to $250,000.  A jail term of up to 3 years may be imposed if the infringement is for a violation of property valued at over $2,500.00.  For a second offense, the violator could get 6 years in prison. 
COPA - Child Online Protection Act - 1998
 makes it a federal crime (penalties up to $50,000 per violation and a sentence of up to 6 months in jail) to transmit material that is harmful to children over the Internet for commercial purposes.  This act is being challenged in Federal Court as a violation of the First Amendment. 
Digital Millennium Copyright Act - October 28, 1998
sets new rules for downloading, sharing, and viewing copyrighted material online. It also sets new safeguards for software, music, and written works on the Internet, and outlaws technologies that  crack copyright protection. The penalty can be up to $2,500 per act of circumvention. 
Virginia Computer Crimes Act
It is a felony: 
  • to use a computer to commit fraud
  • to maliciously access a computer without authorization and damage, copy, or remove files. 
It is a misdemeanor: 
  • to use a computer to examine private files without authorization
SAFE  - 1999
The House Judiciary Committee approved the Safety and Freedom through Encryption (SAFE) Act of 1999 (H. R. 850) on March 24. The legislation would relax U.S. export controls on encryption, but contains a controversial provision that creates a new federal crime for the use of encryption to conceal criminal conduct.  The legislation, introduced by Rep. Bob Goodlatte (R-Va.), would give U. S. citizens the right to choose any type of encryption to protect their confidential information and prohibits the government from requiring a key to U.S. consumers' computer systems.  Update as of July 13, 1999 - On July 13, 1999,  the House International Relations Committee passed the Security And Freedom through Encryption (SAFE) Act, sponsored by Bob Goodlatte, by a vote of 33 to 5.  Now it needs to go to the House of Representatives for a vote. 

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