The Cybercrime Act of 2009

Joey Alarilla pointed me to the post of Kabataan Partylist. They are asking the Filipino "netizens" for comments and suggestions on the proposed Cybercrime Act of 2009.

I want to focus on the act's provisions on cybersex.

The definition of cybersex includes:

Establishing, maintaining or controlling, directly or indirectly, any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration

So if two consenting adults engage in some "sexy" chat through Yahoo Messenger, does that constitute cybercrime?

Recording private acts, including but not limited to sexual acts, without the consent of all parties to the said acts or disseminating any such recording by any electronic means with or without the consent of all parties to the said acts

C'mon, let's not pussyfoot around. Why settle for such a cowardly term as "private acts?" What constitutes a "private act?" What is the definition of "private acts?" If I snuggle with my girlfriend in the privacy of my living room, that for me is a "private act." So if I disseminate a picture, even with consent, that is considered cybercrime?

Exhibiting live or recorded shows depicting sexual or other obscene or indecent acts;

Posting of pictures depicting sexual or other obscene or indecent acts

What is considered "obscene" or "indecent?" If someone displays their ugly face on TV, I consider that as obscene. So can I request some celebrities, not to mention some prominent government officials, to refrain from showing their ugly face on TV?

Since the post was asking for suggestions, here's mine: lets have some clarity here. Define obscene. List down the activities which can be considered as "private acts." For me, a blowjob is a private act and fisting is considered obscene. But if they put that in a PDF version of the bill, then some people may consider that as a cybercrime in itself!

Comments

[observer]

By "operation" do they mean an organized outfit, as implied by (h)? If so then perhaps (a) isn't so bad as it's just an extension of outlawing prostitution dens as already in effect. Otherwise, it's simply ridiculous.

(d) and (e) should be qualified as prohibited from public viewing as is public indecency is defined.