18 March 2014

Philippine ISPs Shall Filter Child Pornography Websites

The Philippine Government with the Memorandum Circular No. 01-01-2014 issued by the National Telecommunications Commission(NTC) dated January 30, 2014, ISPs shall implement Anti-Child Pornography. In the said Memo, NTC ordered Internet Service Providers (ISPs) to block or filter user from accessing child pornography sites by providing list of websites to ban.

MEMORANDUM CIRCULAR NO. 01-01-2014

SUBJECT: GUIDELINES FOR INTERNET SERVICE PROVIDERS IN THE IMPLEMENTATION OF REPUBLIC ACT 9775 (ANTI-CHILD PORNOGRAPHY ACT OF 2009)

According to the memo, ISPs shall submit list of child porn websites which subscribers attempt to access to the Inter-Agency Council Against Child Pornography(IACACP) for evaluation. ISP given until June to install filters.  Lastly, NTC is one to finalize the list of blocked websites that IACACP provided to the ISPs.

Image: egagah.blogspot.com

REPUBLIC OF THE PHILIPPINES
NATIONAL TELECOMMUNICATIONS COMMISSION
BIR Rd., East Triangle, Diliman, Quezon City
MEMORANDUM CIRCULAR NO01-01-2014
SUBJECT: GUIDELINES FOR INTERNET SERVICE PROVIDERS IN THE IMPLEMENTATION OF REPUBLIC ACT 9775 (ANTI-CHILD PORNOGRAPHY ACT OF 2009)
WHEREAS, the 1987 Constitution fully recognizes the vital role of communications in nation building and provides for the emergence of communications structures suitable to the needs and aspirations of the nation;
WHEREAS, Memorandum Circular No. 02-05-2008 (MC 02-05-2008- “Value Added Services”) requires the registration of internet service providers (ISPs);
WHEREAS, Sec. 9 of Republic Act No. 9775 (RA9775 – known as the “Anti-Child Pornography Act of 2009”) provides “The National Telecommunications Commission (Commission) shall promulgate within ninety (90) days from the effectivity of the Act rules and regulations for the implementation of this provision which shall include, among others, the installation of filtering software that will block access, to or transmission of any form of child pornography”;
NOW, THEREFORE, pursuant to RA9775, RA7925 (known as the “Public Telecom Policy Act of 1995”), Executive Order (EO) No. 546 series of 1979, and in order to protect children from child pornography, the Commission hereby promulgates the following guidelines:
1. All Internet Service Providers (ISPs) shall install available technology, program or software that will block access or filter all websites carrying child pornography materials within one hundred twenty (120) days from the submission of the list of carrier grade technology, program or software solutions by the ISPs to the Inter-Agency Council Against Child Pornography (IACACP).
2. The ISP shall submit list of at least three (3) carrier grade technology, program or software solutions to the IACACP for evaluation. If within five (5) days from the submission by the ISPs of the list, the IACACP does not object, the ISP shall acquire any of the carrier grade technology, program or software solutions from the supplier/s included in the list submitted.
3. The National Telecommunications Commission (NTC) shall furnish the list of identified pornographic websites provided by the IACACP to the ISPs for immediate blocking of access or filtering. The ISPs shall be free from any liability arising from its compliance with any order of the NTC for the immediate blocking of access or filtering of any such websites.
4. All ISPs shall submit to the IACACP within 5 days from the end of each month, a list of all websites carrying child pornography materials that were blocked. The list will contain all websites carrying child pornography materials that subscribers of respective ISPs attempted to access but were blocked by the installed carrier grade technology, program or software.
5. All ISPs shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that any form of child pornography is being committed using its services or facility.
6. All ISPs shall preserve customer data records, specifically the time, origin and destination of access, for purposes of investigation and prosecution by relevant authorities. Nothing in this section shall be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person.
7. Violation of any of the provisions of this Circular shall be a ground for the imposition of lines and other appropriate penalties in accordance with law.
8. Any circular, order, memoranda or parts thereof inconsistent herewith are deemed repealed or amended accordingly.
9. This Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation and three (3) certified true copies furnished the University of the Philippines (UP) Law Center.
Quezon City, Philippines 30 January 2014
 (Sgd.) GAMALIEL A. CORDOBACommissioner
(Sgd.) DELILAH F. DELESDeputy Commissioner
(Sgd.) CARLO JOSE A. MARTINEZDeputy Commissioner
As of this date, ISPs haven't yet responded to the NTC's Proposal/Memo.

To block access to child pornography Manila will finally implement a law passed in 2009 but which required years of public consultations on how to implement it, said Edgardo Cabarrios, regulation director of the National Telecommunications Commission.

Sources: Gov.ph/Inquirer.net/ Rappler
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