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.