NBI urges passing of anti-cybersex laws

By Alexander Villafania INQ7.net

THE NATIONAL Bureau of Investigation (NBI) is urging lawmakers to come up with anti-cybersex laws to help the agency capture suspected cybersex shop operators in the Philippines.

NBI Anti-Fraud and Computer Crimes Division Director Elfren Meneses said that they could not conduct proper monitoring and entrapment cases against suspected cybersex operators in the absence of a cybersex law.

Meneses noted that current anti-pornography laws have no provisions covering cybersex. Instead of charging suspected operators, the NBI uses Article 201 covering "immoral doctrines and obscene publications" in the Revised Penal Code or Republic Act 8484, otherwise known as the Credit Card Law.

"Even these laws do not have enough teeth to stop cybersex operators,” Meneses added. “For instance, we can only invoke RA 8484 if the suspected owner of a cybersex shop makes a money transfer from the Philippines to another bank account. Article 201 does not even mention digital mediums of pornography."

The NBI official said that the number of cybersex dens in the country has grown in the last four years, most of them owned by foreigners but managed locally by Filipinos.

Normally, cybersex operators have their computer servers hosted in the Philippines. Their "cyberbabes" stay in a secret room with an Internet camera where paying customers can watch. Payment is done via credit card to an account in a country with loose regulations on pornography.

He said the closest the legislation the agency could invoke against cybersex operators is Section 33 of the Republic Act 8792, otherwise known as the E-Commerce Act, imposing penalties on illegal transfer of data through the Internet.

Attributing the increase of cybersex operators to lack of cybersex laws, Meneses warned that the trend could continue if no law is passed against them. The NBI has been monitoring several cybersex operators in three to four areas, which he did not specify for security reasons.

Meneses added that the NBI already has a representative in the US Federal Bureau of Investigation (FBI) headquarters in Washington. Since many of the suspected operators are Americans, the FBI can conduct a similar raid in the US once the NBI targets cybersex facilities in the Philippines.

So far, two legislators have filed anti-cybersex bills, Senator Ramon Revilla Jr and Catanduanes Representative Joseph Santiago.