Authorities had planned to use an Act of 1998 regulating the use
of “access devices” such as credit cards, account numbers and
passwords to obtain money, goods or services. This was chosen in
the absence of any more appropriate laws.
However, according to reports of a memorandum from Chief State
Counsel Elmer Bautista to the secretary of justice, this
legislation is not suitable for charges in connection with the
virus.
The memorandum is reported as saying: “Nowhere in the law is
‘computer hacking’ ...and the effects thereof dealt with. ...The
intention of a computer hacker ...is not to defraud but to destroy
files.” The National Bureau of Investigation (NBI), which has been
working in conjunction with the US FBI has said it will not
question Bautista’s decision.
It is still perhaps possible that, subject to the extradition
laws and procedures in the Philippines, a suspect could be
extradited to another country which has been affected by the virus
and which has suitable laws for prosecuting such a crime, such as
the US or UK.
