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CHAPTER 1:
THE PROBLEM AND ITS BACKGROUND
Introduction
Life today is highly dependent on the technology that people have
develeped. Technology has advanced throughout the years, and it has
changed many aspects of everyday life: the way to communicate; the way to
travel; and the way to learn. So many changes have been brought about by
these continuous technological advancements. As people’s demands and
lifestyle change, the demand for advancing the type of technology to be used
is high. Almost everything used has been innovated to better standards.
Technological advancements helped businesses and organizations
save time and cost of production, making the people concerned gain
competitive advantages. The so-called 3G/4G broadband, for example, is a
super fast internet that has afforded small businesses the chance to reache
target markets with less cost of operation.
The networked environment likewise resulted in changes in the way of
doing work, with others and the general view of the world. The accelerated
timing of technological advancement and development created a gap between
the past, present and future.
The Internet, was arguably considered the most powerful tool since the
invention of the printing press. The emergence of the virtual World Wide Web
or more commonly known as (www.) with nearby physical devices that are
part of what is called today as Internet of Things gives everyone, with the help
of a mobile device with the corresponding authorization, the power to monitor,
track and control almost anything.
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The Internet of Things, (IoT), as more commonly and popularly known,
enables interconnectedness among and between physical devices as an
instrument anytime, and anywhere on the planet, which provides the needed
advantages in all aspects of daily life of the potential user.
The conventional Internet has proved valuable in almost, if not all,
endeavors by giving an individual the ability to interact with the so-called
global information race and services. The majority of such interaction happens
through the World Wide Web (WWW) with myriad of computers running a
browser and communicating with cloud based storage through and by the use
of servers. However, the Internet is not limited to the Web due to a wide
diversity of other protocols employed to make use of the Internet on a global
scale. Furthermore, IoT is considered to be the next logical evolution that
provides extensive services that is not limited to manufacturing, security,
healthcare, engineering, education and consumer electronics. Many of these,
if not all, have what experts call Web presence with corresponding or
assigned protocols.
Computer crime has been an issue in criminal justice and criminology
since time immemorial. The recent development of the Internet has created a
substantial increase in criminals using computers to commit crimes. Thus, an
emerging area of criminal behavior and ingenuity is currently known as
cybercrime. There is a truism that in today’s world of business and commerce
is the risk for cybercrime. Cybercrime has no boundaries due to its
transnational nature.
Cybercrime refers to any criminal activity that involves a netwoked
device, computer, or a network. It is defined as a crime in which a computer
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becomes the object of the crime, or is used as a tool to commit an offense.
Cybercriminals could use computer technology to access businesses trade
secrets, personal information or use the internet for malicious purposes.
Often, cybercriminals execute their criminal activities using malware and
several other types of software, but social engineering is often a vital
component for executing most types of cybercrime.
Cybercriminals always opt for an easy way to make big money. They
target rich people, or rich organizations like banks, casinos, and financial firms
where a huge amount of money flows daily and hack sensitive information.
The effect of cybercrime can be extremely upsetting for victims, and not
necessarily just for financial reasons. Victims may feel that their privacy has
been violated, and that they are powerless.
It is the responsibility of the police to ensure the safety and well-being
of citizens. Police officers are given the mandate to use force and authority, if
necessary, to complete the objectives of their jobs.
Law enforcement needs new resources and support. They need to
create cyber units and ensure that the officers have access to the tools
needed to fight crime online. Fighting cybercrime has to be a partnership
between government and the private sector. This partnership will help law
enforcement scale with the rising tide of cybercrime and use the latest
technology possible to get control of this epidemic.
The global nature of the Internet allows criminals to commit almost any,
if not all, forms of illegal activities anywhere and anytime in the world which
makes it essential for all countries to adapt local or domestic offline controls of
some sort to help cover crimes carried out in cyberspace much as the use of
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Internet by foreign and local terrorists, particularly for influence, recruitment
and incitement towards radicalization that poses a serious threat not only to
national but international security as well.
Technology has also permitted individuals involved in criminal activities
to conduct such activities with reduced if not minimal chances of detection
and identification. Encryption software is becoming increasingly sophisticated
but at the same time also increasingly expensive. The speed at which Internet
access is becoming available is growing exponentially.
Cybercrime is one of the fastest if not the fastest growing areas of
crime, as more criminals exploit the speed, convenience and anonymity that
modern technologies offer in order to commit a diverse range of crimes.
These include but not limited to attacks against the computer itself, computer
data, and systems, identity theft, distribution of child sexual abuse images,
and internet auction fraud and the like.
In fact, anyone with an Electronic Mail Address more commonly known
as “Email Add,” an inbox, or a social media account is a potential target. Most
organizations or individuals are not even aware of hackers, cyber thieves, and
extortionists until it is too late to respond or recover from such attacks.. As
attackers are well-organized and well-informed, they take advantage of the
latest fraud innovations to capitalize on shared intelligence in the web.
Organizations and individuals must be prepared to do the same. Being
attentive will not keep out the crosshairs of a perpetrator’s line of sight out of
the headlines.
While the Philippine economy is now making progress, almost a
quarter of the population still lives below the poverty line. Poverty within
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families is one of the factors contributing to vulnerabilities of children.
In the Philippines and in other parts of the world it takes a great deal of
technical expertise, cooperation and collaboration in order to address such
problems. Hence, the crimes committed by the use of technology affect the
Philippines in a degree depending on the extent of legislative enactment. In
the Philippines, however, as technical and electronic landscapes change,
there is a need to introduce, enact laws or amend, revise existing laws to fully
address cyber threats.
During the Fifth National Anti-Cybercrime Summit spearheaded by the
PNP-ACG, Nap Castillo, Fortinate’s regional pre-sales consultant for South
East Asia and Hongkong, said that business organizations and individuals
increasingly rely on technology for their daily activities. They also expose
themselves to many dangers lurking online. He said that users can easily fall
prey to cybercrime specially now that cybercriminals are using a wide range of
approaches to snare their victims. As such, cybercrime today is no longer just
a technology issue. It is turning into a serious economic problem that can
impact the financial well-being of individuals, as well as the survival of
organizations.
In addition, Castillo said that to prevent cyberattacks, it is important to
deploy an intelligent and integrated layered defense capable of detecting even
unknown threats. Despite their efforts, most firms are not able to figure out the
root causes of their infections, and are constantly getting re-infected.
This research paper entitled “Operational Capability of the Philippine
National Police Anti-Cybercrime Group: An Assessment” is geared at finding
out how capable the PNP ACG is in the implementation of its anti-cybercrime
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operations, showing its strengths and weaknesses, and offering suggestions
on how to enhance its activities.
Background of the Study
The Philippines, like any other country around the world, is increasingly
adopting Information and Communication Technology (ICT) in its economic,
government and social activities.
The dependence on ICT however, makes us vulnerable to different
forms of security threats such as malwares, botnets, denial of service attacks,
phishing and other types of identity theft, computer-related forgery and fraud,
child pornography, copyright infringements and cyber terrorism.
In response to the mounting threats on the country’s cyber space and
critical infrastructures, the country needs to strengthen its legal framework,
international cooperation, public and private partnership, advocacy and public
awareness.
The Philippine National Police (PNP) through its current Chief,
PNP and in line with the PNP’s strategic thrust, saw a need to enhance the
organization’s capabilities and capacities in addressing cybercrime that paved
the way for the creation of the PNP Anti Cybercrime Group (ACG).
The PNP ACG started its humble beginnings when the Criminal
Investigation and Detection Group (CIDG) formed in 2003 under the Anti-
Transnational Crime Division (ATCD) the Cybercrime Section where it started
without computers, computer forensic equipment, trained cyber investigator,
digital forensic examiner or cyber forensic laboratory.
In order for the PNP to establish a credible cybercrime unit within
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CIDG, it conducted consultations and networking with various international
law enforcement agencies, ICT industries, the academes and other
stakeholders.
In line with the program of the Task Force for the Security of Critical
Infrastructures (TFSCI) under the Office of the President of the Philippines,
the Government Computer Security Incident Response Team (GCSIRT) was
launched on August 5, 2004. GCSIRT through the Anti-Transnational Crime
Division of CIDG, became the focal point for reporting all internet-related
security breaches and coordinated support systems to respond to such
threats across all government agencies.
Moreover, a cyber training laboratory was established on December 9,
2011 to conduct specialized technical training to CIDG police personnel.
Finally, on February 27, 2013 the PNP-Anti Cybercrime Group with
official acronym “PNP ACG”, was activated as a National Operational Support
Unit primarily responsible for the implementation of pertinent Philippine laws
on cybercrimes and advocating the anti-cybercrime campaign of the PNP.
Research Locale
The study will take place at the Philippine National Police, National
Headquarters Camp Gen Rafael T. Crame, Quezon City where the Anti-
Cybercrime Group (ACG) is located and tagged and considered as National
Operational Support Unit (NOSU).
Philippine National Police Anti-Cybercrime Group (PNP ACG) traces its
roots when the Cyber Crime Section (CCS) under the Anti-Transnational
Crime and Cybercrime Division (ATCCD) of the Criminal Investigation and
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Detection Group (CIDG) was formed in 2003 to address cyber threats,
investigation of cybercrimes, and other cyber- related offenses.
CCS had very modest and unique beginnings and started its operation
without computers, computer forensic equipment, trained cyber investigators
and digital forensic examiners and cyber forensic laboratory. They made do
with limited resources and inadequately capable personnel. Due to the
increasing concerns on the safe use of computers and internet that was
brought about by rapid modernization, the CCS quickly attracted attention and
support from the international community, local and foreign counterparts,
Information Technology (IT) industries, the academe and other stakeholders.
As a response of the National Government, Computer Security and
Incident Response Team (GCSIRT) under the Office of the President’s Task
Force for the Security of Critical Infrastructures (TFSCI) were launched on
August 5, 2004. A Cyber Training Laboratory was also established on
December 9, 2011 to handle the technical trainings of the PNP Personnel.
The training laboratory was developed and established through the assistance
of the United States Department of State Anti-Terrorism Assistance Program
(US ATAP).
Finally, on March 20, 2013, the then Chief of the Philippine National
Police PDG Alan La Madrid Purisima, activated the Philippine National Police
Anti–Cybercrime Group (PNP ACG) by virtue of National Police Commission
(NAPOLCOM) Resolution Number 2013-22 and PNP General Order (GO)
Directorate for Plans (DPL) -12-09 dated February 27, 2013 to address the
growing threats of cybercrime and cyber enabled criminality in the country.
The establishment of the PNP ACG is a strong signal to criminals that the
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PNP is very serious in addressing cybercrime nationwide.
The main cutting edge in the crackdown against cyber offenders and
suspects also known as modern pirates by exploitation of technology to would
be victims of technological crimes. Hence, serve as the primary Unit
responsible for the implementation and enforce pertinent laws on cybercrime
and other cyber related offenses and pursue an effective anti-cybercrime
campaign in cooperation, coordination and collaboration with the Cybercrime
Division of National Bureau of Investigation (NBI) to include other agencies in
the fight against cybercrime in the Philippines. As of December 2017, the
Group has 205 Personnel composed of 195 Organic Personnel and 10 on
Detailed Service from other PNP Units strategically positioned not only in the
National Headquarters but also in 6 Regional Field Units nationwide.
Statement of the Problem
The problem in this study is em bodied in the question: How
capable is the Philippine National Police Anti -Cybercrime Group
(PNP ACG) in its implementation of anti -cybercrime operations?
Specifically this study saught answers to the following
questions:
1. How do the respondents evalluate the PNP ACG’s capability in
its implementation of anti-cybercrime operations in terms of:
1.1 Manpower/ Personelle;
1.2 Resource management;
1.3 Budget and logistics;
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1.4 Community cybercrime awareness; and
1.5 Cyberpatrolling and intelligence capability?
2. Is there a significant difference in the evaluation made by the
two groups of respondents as to the capability of the PNP ACG
in implementing its anti-cybercrime operations?
3. What are the problems encountered in t he implementation of
the anti-cybercrime operations by the PNP ACG?
4. What measures may be proposed to address the problems
encountered by the PNP ACG in its anti -cybercrime operations?
5. What action plan may be formulated from the results of the
study to enhance the anti-cybercrime operations of the PNP
ACG?
Hypothesis
It is hypothesized that there is no significant difference in the
evaluations made by the two groups of respondents as to the
capability of the PNP ACG in its anti-cybercrime operations.
Significance of the Study
This research investigation will be significant to the following:
Cybercrime is a criminal act using a computer that occurs over the
Internet. The Internet has become the source for multiple types of crime and
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different ways to perform such crimes. The types of cybercrime may be
loosely grouped into three categories. First, the Internet allows for the creation
and maintenance of cybercrime markets. Second, the Internet provides a
venue for fraudulent behavior. Third, the Internet has become a place for the
development of cybercriminal communities. The purpose of this research
paper is to outline and exemplify these different forms of communities. The
research paper then shifts into a discussion of policy steps to reduce some
forms of cybercrime in the country.
To the area covered, which is in Camp Rafael T. Crame, Q.C. This
study would also serve as a motivation for the law enforcement to understand
the clamor for policies intended to help community become more effectively
vigilant and cooperative to address the increasing problem of Cybercrime.
To the policymakers, it could serve as feedback on the existing policies
and programs in the area of public intervention, including needed legislative
changes, and issues of institutional design and finance. Furthermore, this
would aid the framework for policy development that would directly improve
government’s expenditure program and fiscal reforms.
To the government agencies involved, this study aims to provide an
updated picture of cybercrime in the Philippines, specifically in PNP Anti-
Cybercrime Group (ACG) and a framework for identifying priorities in
designing a strategy to attack cybercrime. It is intended as an input into the
Philippine Government’s poverty eradication strategy. This would help
perceive the more efficient ways to combat cybercrime in the Philippines.
To the Courts, this study will give the information about the existence of
cybercrime to include the technical aspect of such.
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This study is valuable to all persons concerned with nation building,
since this study will definitely help get a better perspective on the dynamics of
masked life. To many, it is only an avenue and an adjustment in preparation
for moving to a better place in the cyber community.
To the Faculty and Students of MBA-ISM, this study will serve as
reference or guideline for students who wish to take the course as their
chosen field or for those who are not sure of what they want to pursue.
Moreover, this research will serve as an avenue for student opinions and
views on why they took the course/program. Consequently, this paper will
attempt to present solutions to the weaknesses of the course/program and
explain why these tend to limit the number of enrollees every school year.
Likewise, future related research can use the findings of this study as a
reference.
Scope and Limitation of the Study
The study is focused on an assessment of the capability of the PNP
ACG in implementing its anti-cybercrime operations. This being the scenario,
the study is therefore limited to the following:
The researcher has chosen the Philippine National Police Anti-
Cybercrime Group (PNP ACG) to be the setting of this study for reasons of
practicality and convenience, the proximity of the chosen setting to the
researcher’s residence in order to conduct the interview more easily and
conveniently.
The respondents for the study are grouped into: (1) Non ACG police
personelle who are acquainted with the set-up ans operations of the ACG;
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and (2) Judges, fiscals and lawyers who have an insight as to the system and
structure of the ACG.
The time frame for the study is from 2018-2019.
Definition of Terms
The following terminologies are here by theoretically and operationally
defined foe better understanding of the study:
Access. It refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a computer
system or communication network.
Action Plan. It refers to a sequence of steps that must be taken or
activities that must be performed well, for a strategy to succeed.
Assessment. It refers to the evaluation or estimation of the nature,
quality, or ability of someone or something.
Budget. It refers to an estimation of revenue and expenses over a
specified future period of time.
Capability. It refers to the measure of the ability of an entity
(department, organization, person, system) to achieve its objectives, specially
in relation to its overall missions.
Communication. It refers to the transmission of information through
ICT media, including voice, video and other forms of data.
Challenges. It refers to problems encountered during investigation.
Computer. It refers to an electronic device for storing and processing
data, typically in binary form, according to instructions given to it in a variable
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program.
Computer Crime. It refers to the unauthorized use of computer or
network for personal gain.
Computer program. It refers to a set of instructions executed by the
computer to achieve intended results.
Computer system. It refers to any device or group of interconnected
or related devices, one or more of which, pursuant to a program, performs
automated processing of data.
Cyber. It refers to a computer or a computer network, the electronic
medium in which online communication takes place.
Cybercrime. It refers to criminal activities carried out by means of
computers or the Internet.
Cyberpatrolling. It refers to searching for relevant information by the
police via public platforms on the internet, where necessary.
Cyber security. It refers to the collection of tools, policies, risk
management approaches, actions, training, best practices, assurance and
technologies that can be used to protect the cyber environment and
organization and user’s assets.
Cyber space. It refers to the conceptual electronic space unbounded
by distance or other physical limitations.
Convention on Cybercrime. It refers to the Budapest Convention on
Cybercrime or the Budapest Convention, is the first
international treaty seeking to address Internet and computer crime by
harmonizing national laws, improving investigative techniques, and increasing
cooperation among nations.
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Database. It refers to a representation of information, knowledge,
facts, concepts, or instructions which are being prepared, processed or stored
or have been prepared, processed or stored in a formalized manner and
which are intended for use in a computer system.
Electronic Communication. It refers to all kinds of computer-
mediated communication in which individuals exchange messages with
others, either individually or in groups.
Facility. It refers to something created and designed to provide service
in crime investigation.
Framework. It refers to a set of ideas, principles, agreement, rules
or policies that provides the basis or outline for busting cybercrime.
Highly Skilled Individuals. It refers to exceptional knowledge,
experience, or skill in a field of endeavor.
ICT. It refers to Information Communication Technology.
Information Technology. It refers to the study or use of systems
(especially computers and telecommunications) for storing, retrieving, and
sending information.
Internet. It refers to a global wide area network that connects computer
systems across the world.
Internet of Things (IoT). It refers to a system of interrelated computing
devices, mechanical and digital machines, objects, animals or people that are
provided with unique identifiers and the ability to transfer data over a network
without requiring human-to-human or human-to-computer interaction.
Internet Police. It is a generic term for police and government
agencies, departments, and other organizations incharge of policing internet
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in a number of countries.
Interception. It refers to listening to, recording, monitoring or
surveillance of the content of communications, including procuring of the
content of data, either directly, through access and use of a computer system
or indirectly, through the use of electronic eavesdropping or tapping devices,
at the same time that the communication is occurring.
Investigation. It refers to the art of locating, tracing and identifying
criminals and criminal intent in order to bring the individual in Court.
Investigator. It refers to a law enforcement officer designated to check
the facts, probe and provide inquiry on crime committed. Hence, is a member
of either the Philippine National Police (PNP) or National Bureau of
Investigation (NBI).
Investigator Competency. It refers to a cluster of related abilities,
commitments, knowledge and skills that enable a person to act effectively in a
job or a wide variety of situations.
IP Address. It refers to the division of data flow into packets with an
attached header containing a forwarding address for its correct transmission
to the intended receiver.
Issues. It refers to the existing problems in relation to cybercrime and
investigation.
Law Enforcement. It refers to any system by which some members of
society act in an organized manner to enforce the law by discovering,
deterring, rehabilitating, or punishing people who violate the rules and norms
governing that society.
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Logistics. It refers to the planning, execution and control of the
procurement, movement and stationing of personnel, material and other
resources to achieve the objectives of a campaign, plan, project or strategy.
Manpower. It refers to the total number of people who can work to get
something done.
Money. It refers to anything of value that serves as a medium of
financial exchange and legal tender for payment.
National Law. It refers to the rule that has been established in a nation
or country, and the law was accepted as rule for all the citizens of the nations
and for all another people from other nations, who were residing in this area of
jurisdiction.
Operation. It refers to the performance of a practical work or of
something involving the practical application of principles or processes.
Personnel. It refers to the people employed in an organization or
engaged in an organized undertaking such as military service.
Resource Management. It refers to the efficient and effective
development of an organization’s resources when they are needed.
Systems and procedures. It refers to a set of rules and regulations to
be followed by the Law Enforcement Agency Personnel to maintain a well
organized process of things to be done and accomplished.
Service Provider. It refers to any public or private entity that provides
to users of its service the ability to communicate by means of a computer
system.
Subscriber’s Information. It refers to any information contained in the
form of computer data or any other form that is held by a service provider,
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relating to subscribers of its services other than traffic or content data and by
which identity can be established.
System Interference. It refers to the intentional alteration or reckless
hindering or interference with the functioning of a computer or computer
network by inputting, transmitting, damaging, deleting, deteriorating, altering
or suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or
transmission of viruses.
Sensitive Information. It refers to data protected from unauthorized or
unwarranted access and disclosure for privacy or security of an individual or
organization.
Technological Proficiency. It refers to the ability to use technology to
communicate effectively and professionally, organized information, produce
high quality products and enhance one’s own ability to think and collaborate.
Technology. It refers to science or knowledge put into practical use to
solve existing problems.
Transnational Crime. It refers to the crimes that have actual or
potential effect across national borders, and crimes that are intrastate but
offend fundamental values of the international community.
LIST OF REPUBLIC ACTS
Republic Act 4200 – known as the “Anti-Wiretapping Law”
Republic Act 7610 – known as the “Special Protection of Children
Against Abuse, Exploitation and Discrimination Act”.
Republic Act 8293 – known as the “Intellectual Property Code of the
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Philippines”.
Republic Act 8484 – known as the “Access Device Regulation Act of
1998”.
Republic Act 8792 – known as the “E-Commerce Act of 2000”.
Republic Act 9262 – known as the “Anti-Violence Against Women and
Their Children Act of 2004”.
Republic Act 9775 – known as the "Anti-Child Pornography Act of
2009."
Republic Act 9995 – “Anti-Photo and Video Voyeurism Act of 2009”.
Republic Act 10173 – known as the “Data Privacy Act of 2012”.
Republic Act 10175 – known as the “Cybercrime Prevention Act of
2012”.
Republic Act 10364 – known as the “Expanded Anti-Trafficking in
Persons Act of 2012″
Article 315 – known as “Estafa” in the Revised Penal Code (RPC)
LIST OF ACRONYMS
ACG – refers to Anti-Cybercrime Group
CICC – Cybercrime Investigation and Coordinating Center
CISO – Chief Information Security Officer
DICT – Department of Information and Communications Technology
DOJ – Department Of Justice
ICTO – Information and Communication Technology Office
NCIAC – National Cybersecurity Inter-Agency Committee
NCMEC – National Center for Missing and Exploited Children
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NCSP – National Cybersecutity Plan
NBI – refers to National Bureau of Investigation
PNP – refers to Philippine National Police
RPC – refers to Revised Penal Code
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CHAPTER 2:
REVIEW OF RELATED LITERATURE AND STUDIES
This chapter presents the various articles, books, and researches
relevant to the present study which is the Assessment of the Organizational
Capability of the PNP ACG in Combatting Cybercrimes.
Foreign Literature
According to Anton Maslov in “Measuring the Performance of the
Police: The Perspective of the Public” (2018), the aim of this project is to
review and critically assess the current survey methods used to measure
police performance in common law jurisdictions. The fact that police
undertake a broad array of work calls for a multidimensional approach to
measuring police performance. Both direct and indirect measures need to be
used to evaluate police performance. Measurements of police performance
through public opinion polling may be distinguished in two kinds: general and
specific questions on satisfaction with police. The general questions on
satisfaction with police are important to ask on surveys, but tend to be too
general to understand that about which citizens are content or discontent
when it comes to the police. The questions also tend to be unstandardized,
inconsistent, and at times, have poor choice of wording on questions and
response categories, making comparisons across time and place impossible.
The specific questions on police performance tend to be used on surveys in
an arbitrary manner, often without proper understanding of the meaning of the
question and responses.
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Research on the validity and reliability of specific questions on police
performance is lacking in Canada and the Western World. Three notable
studies have attempted to conceptualize and test specific measures of police
performance measured through public opinion polling in the U.S., Canada,
and Europe. In Canada, only one national survey administered by Statistics
Canada every five years asks six questions on police performance. This
constitutes the only source of public opinion police performance metrics that is
comparable across time and place in Canada. Questions asked on surveys of
municipal police tend to be unstandardized and inconsistent, with varying
response category thus making them incomparable across time and place.
More research into either testing the existing questions or creating new
standardized questions is required to improve the measurement of public
satisfaction with the services provided by the police in Canada.
This paper entitled “Organizations and Cyber crime: An Analysis of the
Nature of Groups engaged in Cyber Crime” (2014), explores the nature of
groups engaged in cyber crime. It briefly outlines the definition and scope of
cyber crime, theoretical and empirical challenges in addressing what is known
about cyber offenders, and the likely role of organized crime groups. The
paper gives examples of known cases that illustrate individual and group
behaviour, and motivations of typical offenders, including state actors.
Different types of cyber crime and different forms of criminal organization are
described drawing on the typology suggested by McGuire (2012). It is
apparent that a wide variety of organizational structures are involved in cyber
crime. Enterprise or profit-oriented activities, and especially cyber crime
committed by state actors, appear to require leadership, structure, and
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specialization. By contrast, protest activity tends to be less organized, with
weak (if any) chain of command.
In this paper entitled “High Volume Cyber Crime and the Organization
of the Police: The results of two empirical studies in the Netherlands” (2013),
the question that is central is: to what extent is the Dutch police organization
able to effectively combat high volume cyber crime? First we focus on the
definition of cyber crime in the Netherlands. Next, we examine the
criminalization of the two most common cyber crimes in the Netherlands:
hacking and e-fraud. After that, based on police records, we analyze the
nature of these crimes. Thereafter, we will look at the functioning of the Dutch
police regarding cyber crime. What are the strengths and weaknesses of their
handling of cyber crimes? We conclude that the Dutch police are insufficiently
organized to combat cyber crime. The lack of priority and proper capacity
throughout the entire police organization to fight digital crimes results in cyber
cases never entering the criminal justice system or leaving the criminal justice
process early. According to Brennan, Sean (2017), in his paper entitled
“Cybercrime and the ‘Peelian Model’ of Policing: A Literature Review”,
‘Cybercrime’ is the term used to describe the use of internet and computer
technology to engage in unlawful activity. Through its scale, anonymity and
portability, the internet has revolutionised the way we live our lives while in
turn giving rise to new forms of crime and deviance. Policing must adapt to
this unique environment while continuing to meet conventional demand. This
review summarises and critically evaluates existing research on how the
internet has changed society and the demands on policing. It examines the
effectiveness of cybercrime policing apparatus in England and Wales, and
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explores a trifurcated method of improvement. Relevant literature was
identified, reviewed and synthesised into three main themes to meet the
objectives. Findings indicate that cybercrime is a complex and poorly defined
concept which poses challenges to traditional modes of law enforcement,
resulting in a poorly co-ordinated response. Conclusions are drawn that the
rise of the internet in England and Wales appears to correspond with changes
in criminal behaviour, but further research and improved recording practices
are needed to prove a relationship. In the absence of a dedicated ‘cyber-
force’, the police response is exiguous to the current threat, harm and risk.
Recommendations include a shift towards multilateral and pluralized models
of policing and a re-engagement of current resources through the
professionalism agenda.
Accoring to Lusthaus and Varese in “Offline and Local: The
Hidden Face of Cybercrime” (2017), a persistent refrain in both the academic
literature and the popular press is that cybercrime is a largely anonymous
activity that exists in cyberspace (e.g. Gabrys, 2002. For relevant discussions,
see Grabosky, 2004; Wall, 2007; Lusthaus, 2013). Cybercriminals ‘meet’
anonymously in virtual marketplaces (see, for instance, Holt and Lampke
2010; Décary-Hétu and Dupont, 2013; Hutchings and Holt, 2015). Shadowy
attackers could strike from anywhere at any moment. They are a new type of
threat, unlike any criminal activity that has been observed before. In short,
these offenders challenge existing paradigms of crime and policing, and vastly
new models are required to comprehend this new challenge.
This study “The Law Enforcement Challenges of Cybercrime: Are We
Really Playing Catch-Up?” (2015), was commissioned by the European
25
Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs
at the request of the LIBE Committee. With a number of high-profile criminal
cases, such as ‘Silk Road’, cybercrime has been very much in the spotlight in
recent years, both in Europe and elsewhere. While this study shows that
cybercrime poses significant challenges for law enforcement, it also argues
that the key cybercrime concern for law enforcement is legal rather than
technical and technological. The study further underlines that the European
Parliament is largely excluded from policy development in the field of
cybercrime, impeding public scrutiny and accountability.
According to Thomas Holt in “Regulating Cybercrime through Law
Enforcement and Industry Mechanisms” (2018), Cybercrimes, or offenses
enabled by technology, affect computer systems and people and prove
difficult to pursue through traditional criminal justice strategies due to
jurisdictional challenges and legal hurdles. As a result, corporations and
industry have begun to play a role in mitigating various forms of cybercrime.
This article examines what constitutes cybercrime and the successes and
limitations of law enforcement in combatting these offenses. I present a
detailed discussion of efforts by industry and regulatory bodies to deter
cybercrime. Finally, I consider and discuss the risks and challenges that
traditional criminal justice system operations face moving forward.
The article “Determinants of Preventing Cyber Crime: a Survey
Research” by Maziah Mohd Ali (2016) aims to describe different types of
organizational structures in the companies, their strengths and weaknesses,
and trends in the organizational structures. Then, the position of logistics in
organizational structures, different logistic systems in organizational structures
26
from practice have been described. The next section describes the structure
of logistics centrally managed for manufacturing companies and types of
information flows across the logistical structure of production. In conclusion,
the latest trends in the structures of business logistics and the potential
contribution of this work have been stated.
The purpose of this research entitled “Factors affecting the
effectiveness of police performance in Metropolitan Police Bureau” by
Wuthichai Tengpongsthorn (2017) was to study the factors relative to the work
effectiveness of police officers in the Thai Metropolitan Police Bureau. The
methodology in the research was the implementation of both quantitative and
qualitative research using questionnaires and in-depth interviews as research
tools. In the quantitative research methodology, the overall samples based on
both cluster and simple random samplings included 405 police officers from
different police stations under the control of the Thai Metropolitan Police
Division, whereas the 25 samples in the qualitative research were selected
using purposive sampling. Statistics used for data analysis were the frequency,
percentage, mean, standard deviation, and Pearson correlation. We found that
motivator factors and hygiene factors had positive relationships with the
effectiveness of work performance. The Metropolitan Police officers in all
divisions felt strongly that enough equipment was a factor facilitating an
increase in work performance, whereas the imbalance of manpower and
scarcity of modern equipment were factors which were obstacles to work
performance.
According to Tatiana Tropina in her research entitled “Cyber-policing:
the role of the police in fighting cybercrime” (2009), the recent growth of ICT
27
has brought all the opportunities provided by its global character and easy
usage of new technologies for the development and facilitation of business
processes or communications in the legal sector and within wider society. At
the same time, it has also provided new possibilities for criminals who can
exploit the same advantages offered by these technologies. The growing
number of internet users offers society the perspective to speed up
communications in everyday life and for commercial purposes, to lower the
transactions and the costs of doing business, to increase the availability of
information for educational purposes and to facilitate the development of such
services as e-government. However, with the creation of new opportunities for
economic and social development, the distribution of new technologies
changes the criminal landscape and generates challenges for government
and society with regard to the use of these instruments for criminal purposes.
Cyberspace constantly remains the greatest source of different illegal
activities that include not only new types of crime, such as hacking or
malicious codes and programmes, such as ‘spam’, but also the migration of
traditional crime, such as child pornography, fraud and copyright
infringements to the ICT networks. The fight against cybercrime requires the
adoption of effective substantive criminal legislation and procedural
instruments that allow for the investigation and prosecution of the misuse of
the ICTs for committing crime. In addition, the international dimension of
internet-related crime and the cross-border nature of ICT networks also evoke
the need for harmonization of legislative approaches and coordinated actions
in preventing and investigating cybercrime on different levels: national,
regional and international (Gercke, 2006, 2009). Furthermore, since the
28
networks are mainly privately owned, the comprehensive strategy of
addressing cybercrime also includes the development of the tools for effective
cooperation with industry, the private sector, encouraging the application of
co-regulation and self-regulation tools. Every actor in this multi-stakeholder
environment of fighting and preventing crime in cyberspace faces a number of
challengers, that could be either general problems emerging due to the global
nature of internet or unique issues related to the changing nature of duties,
responsibilities and functions of the stakeholders which used to operate in the
real world and are now in charge of addressing crime in cyberspace. The
police as a body responsible for maintaining public order and detecting,
monitoring and preventing crime is one of the actors on this scene that faces
great number of challenges (Wall, 2007) related to the migration of old crime
to the ICT environment and the emergence of the new forms of criminal
activity (Quille, 2009; Kozlovski, 2005; Wall, 2007). This chapter provides an
analysis of the problems that police organisations are currently facing as a
result of new threats emerging with the spread of communication
technologies; and investigates the opportunities for addressing the problem of
policing cyberspace. The first section examines the role of the police in
fighting cybercrime and the problems of addressing the new threats in this
area, while the second part focuses on the opportunities for developing new
tools to meet the challenges, capacity building and possibilities for
cooperation. Finally, conclusions are drawn to highlight the need for reviewing
the concept of police activity in the real world to address the challenges
emerging in cyberspace, as well as the necessity for capacity building and
cooperation in a multi-stakeholder environment.
29
The primary goal of this paper entitled “Investigating and Prosecuting
Cyber Crime: Forensic Dependencies and Barriers to Justice” by Cameron
Brown (2015), is to raise awareness regarding legal loopholes and enabling
technologies, which facilitate acts of cyber crime. In perusing these avenues
of inquiry, the author seeks to identify systemic impediments, which obstruct
police investigations, prosecutions, and digital forensics interrogations.
Existing academic research on this topic has tended to highlight theoretical
perspectives when attempting to explain technology aided crime, rather than
presenting practical insights from those actually tasked with working cyber
crime cases. The author offers a grounded, pragmatic approach based on the
in-depth experience gained serving with police task forces, government
agencies, private sector, and international organizations. The secondary
objective of this research encourages policy makers to reevaluate strategies
for combating the ubiquitous and evolving threat posed by cyber criminality.
Research in this paper has been guided by the firsthand global accounts (via
the author’s core involvement in the preparation of the Comprehensive Study
on Cybercrime (United Nations Office on Drugs and Crime, 2013) and is
keenly focused on core issues of concern, as voiced by the international
community. Further, a fictional case study is used as a vehicle to stimulate
thinking and exemplify key points of reference. In this way, the author invites
the reader to contemplate the reality of a cyber crime inquiry and the practical
limits of the criminal justice process.
In the book entitled “Cybercrime: Investigating High-Technology
Computer Crime” by Robert Moore (2015), an innovative text provides an
excellent introduction to technology-assisted crime and the basics of
30
investigating such crime, from the criminal justice perspective. It presents
clear, concise explanations for students and professionals, who need not be
technically proficient to find the material easy-to-understand and practical.
The book begins by identifying and defining the most prevalent and emerging
high-technology crimes and exploring their history, their original methods of
commission, and their current methods of commission. Then it delineates the
requisite procedural issues associated with investigating technology-assisted
crime. In addition, the text provides a basic introduction to computer forensics,
explores legal issues in the admission of digital evidence, and then examines
the future of high-technology crime, including legal responses.
According to Matthew Richardson, in his book entitled “Cybercrime:
Law and Practice”, as computer technology has advanced - and along with it
the development of the internet- the utility and benefits that they have brought
with them have made them indispensible to modern society. With the ever
increasing reliance on such technology and its pervasiveness in personal and
professional life, it was inevitable that it should come to be used in ways
which society has decided are contrary to the public interest and therefore
worthy of disapprobation and criminal sanction. To this end, Parliament has
found itself having to legislate in order to criminalize certain acts involving
computer technology, which did not exist prior to the development of the
technology. On the other side of the law, the courts have found themselves
having to redefine the application of pre-existing criminal law in order to
accommodate and incorporate the novel ways in which computer technology
can be used to commit criminal offences. This book is the first book to tackle
the fast growing topic of cyber crime and covers a wide range of topics from
31
electronic fraud, cyber stalking, online theft and intellectual property to more
involved topics like malicious communications and the rules of evidence
relating to cyber crimes and computers. Through the use of detailed case
studies, examples and statutory extracts the reader is able to understand all
aspects of cyber crime and computer crime. Cyber Crime: Law and Practice
provides a practical, easy-to- follow guide for practitioners in the field, as well
as those in law enforcement and academia.
In his book entitled “Principles of Cybercrime”, Jonathan Clough (2015)
claimed that digital technology has transformed the way in which we socialize
and do business. Proving the maxim that crime follows opportunity, virtually
every advance has been accompanied by a corresponding niche to be
exploited for criminal purposes; so-called 'cybercrimes'. Whether it be fraud,
child pornography, stalking, criminal copyright infringement or attacks on
computers themselves, criminals will find ways to exploit new technology. The
challenge for all countries is to ensure their criminal laws keep pace. The
challenge is a global one, and much can be learned from the experience of
other jurisdictions. Focusing on Australia, Canada, the UK and the USA, this
book provides a comprehensive analysis of the legal principles that apply to
the prosecution of cybercrimes. This new edition has been fully revised to
take into account changes in online offending, as well as new case law and
legislation in this rapidly developing area of the law.
In the book entitled “Cybercrime: Prevention and Detection”, Prasanthi
and Ishwarya (2015) discussed that cybercrime is a complex and ever
changing phenomenon. Cyber criminals are becoming more sophisticated and
are targeting consumers as well as public and private organizations.
32
Therefore, additional layers of defense are needed. Cyber crime has been
increasing in complexity and financial costs since corporations started to
utilize computers in the course of doing business. Some of the case studies of
cyber crime include Parliament attack case. In this paper we have discussed
about Cyber crime and cyber security and different cyber crimes that we come
across and prevention techniques and detection techniques such as
Tripwires, configuration checking tools, Honey Pots, anomaly detection
system and operating system commands. In this we also discuss about
regulation acts imposed against Cyber crime and also online safety tips.
According to the book entitled “Introduction to Cybercrime: Computer
Crimes, Laws, and Policing in the 21st Century”, Hill and Marion (2016)
concluded that cybercrime will evolve and expand in the next few years as
technology continues to evolve. The number of attacks on individuals,
businesses and governments will only continue to increase and become more
severe. Cybercriminals will become more technologically savvy and will
continue to seek to profit from their actions or harm other computer systems.
The cost associated with cybercrime will increase as businesses and
organizations face more attacks. Losses associated with the theft of
intellectual property will also increase as more people around the world
connect to the Internet. Further, no individual or organization is able to
absolutely prevent a cyber attack or data breach, but some steps can be
taken to reduce the risk. By increasing security, the risk can be mitigated. If an
event occurs, that incident can be handled efficiently and effectively to
minimize the damage to the organization and the individuals involved.
Protecting a company’s data and information is more complex now. Threats to
33
a company’s security are becoming more common and more serious. Hackers
have many weapons that they can use against a business, and these
weapons are constantly changing and evolving. It is difficult for information
technology personnel to know how to prevent malware that does not yet exist,
so having a course or action is sometimes difficult. It is not possible to have a
completely secure system but traditional defenses are no longer sufficient. IT
personnel must make the system as secure as possible and ensure that the
appropriate policies and procedures are in place. Then, it is possible to
mitigate some of the risks posed by cybercriminals.
In a study by Malhorta and Alpna entitled “Cyber Crime-Its Types,
Analysis and Prevention Techniques” the claimed that the user of computer
system and internet are increasing worldwide in large number day by day,
where it is easy to access any information easily within a few seconds by
using internet which is the medium for huge information and a base of
communications around the world. There has been tremendous growth in use
of Internet. Due to this cybercrimes increases day by day. Cyber Crime is
technology-based crime committed by technocrats. This paper deals with
Variants of cyber crime like terrorist attack, cyber extortion, crimes against
individuals, crimes against property, and crimes against organization. It also
includes impact on the real world and society, and how to handle cyber
crimes.
In “Cyber security: Threats, Challenges, Opportunities” the Australian
Computer Society (2016) identified the five core pillars of cyber security
readiness. First, education and readiness shows that it is essential that cyber
security form part of the conversation in every organization. Second, planning
34
and preparations, shows that a cyber security incident is not an (if) but a
(when), and to that end, preparation is essential. Third, detection and
recovery, when a breach happens, the quicker it is detected and responded
to, the greater the chance of minimizing laws, be it financial, reputational, or
otherwise. Lastly, ethics and certification which may initially seem to be a less
practical pillar. In any company or organization, ethics plays a role and should
be of particular concern when it comes to cyber security. While some sectors,
such as defense, will have their own means to present credentials, for an
industry as diverse and skilled as ICT, it helps if professionals can
demonstrate adherence to a code of ethics though membership in a
professional institution.
Local Literature
In the Philippines, the pervasiveness of cybercrimes using the
definition of an international body is apparently ubiquitous. In 2000, the
infamous “I LOVE YOU” virus was created and unleashed by Onel De
Guzman, a Filipino student. It caused damage and infected computers and
networks of companies, private and government institutions in Asia
(particularly in Hong Kong), Europe and United States which was estimated to
have reached to US$ 10 billion. Emanating from the Philippines, the virus was
received in e-mail inboxes in Hong Kong which erases and blurs the graphics
and data in the computer and gets the contact address in the computer
directory and sends the same email to all contacts listed therein. Once
received and opened in another computer, it replicates the same harm (Sosa
2009:80).
A thorough international manhunt was conducted resulting to De
35
Guzman‟s arrest. However, the cases filed against him were dismissed based
on the principle of nullum crimen, nulla poena sine lege (for there is no crime
committed when there is no law punishing the same).
Following that incident, the Philippine government enacted Republic
Act (RA) Number 8792, or the “Electronic Commerce Act of 2000” which
provides for the legal recognition and admissibility of electronic data
messages, documents and signatures. Under this law, the first Filipino to be
convicted of cybercrime particularly on hacking was JJ Maria Giner. He
pleaded guilty to hacking the governmental portal “[Link]” in violation of
Section 33 (a) of the E-Commerce Law.
The said particular section is only limited to “hacking or cracking which
refers to unauthorized access into or interference in a computer system/server
or information and communication system. It can also be an access to corrupt,
alter, steal or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the owner of
the computer or information & communications systems, including the
introduction of computer viruses resulting in the corruption, destruction,
alteration, theft or loss of electronic data messages or document” (RA 8792).
A study was conducted on how federal agencies define success in
computer crime investigations and how they can facilitate the development
and refinement of a comprehensive law enforcement strategy for addressing
cyber threats. Through interviews with experienced computer crime
investigators from the Federal Bureau of Investigation (FBI), the U.S. Secret
Service and the Air Force Office of Special Investigations, these project aims
to identify how federal agencies conduct investigations related to cyber
36
security and how they define operational success. Strategies employ the use
of intelligence gathering and sharing to fortify potential targets and identify
prolific offenders. (Lemieux 2011).
A thesis study conducted to outline the introduction of the misuse of
computer in Maltese criminal legislation and charts the way forward offering
an action plan in the field of technology, education, industry and law whilst
pre-empting future local legal development o the matter. Extensive reference
is made to the council of Europe’s Convention on Cybercrime whose article
are juxtapose with those presented in the Maltese Criminal Code as
evidenced by similarities and anomalies. The computer misuse criminal
provision themselves are a milestone in Maltese IT legislative history and
evidence the importance and protection granted to the information society in
its increasing social, cultural, and economical cohesive force. (Giovanni
2002).
Addressing Cybercrime in the Philippines: a Legal Framework is crucial
“A Study: The Emergence of Modern and Sophisticated Information
Communications Technology (ICT) and the Borderless Connectivity of the
World Wide Web (www) have fundamentally changed the way society deals
with its various activities like academics, business and politics. With ease of
access and availability of ICTs and the Internet, pieces of evidence such as
economic growth and development and political upheavals in other nations
can be known and felt without the affected party’s knowledge. However, the
presence of these modern technologies like the Internet appears to have
drawbacks in terms of usage. One of which is the prevalence of cybercrime.
The Philippine Government through the different Law Enforcement Agencies
37
(LEAs) such as the National Bureau of Investigation (NBI) and the Philippine
National Police (PNP) initiated remarkable efforts to prevent cybercrime
activities. Cooperation and coordination with other government agencies and
private institutions in the local arena as well as with other international bodies
have been pursued. But there is an apparent policy gap identified by various
stakeholders which is the difficulty in prosecuting offenders for there is no law
punishing cybercrime activities. (Calina 2011)
In a news article entitled “First Case Under Cybercrime Law Filed in
Las Pinas RTC”, NewsBytes Philippines (2014), The Department of Justice
(DOJ) said on Friday, June 13, that the City Prosecutor of Las Pinas has filed
the first case for violation of Republic Act 10175 or the Cybercrime Prevention
Act of 2012. In a resolution approved by City Prosecutor Marylin Cynthia
Fatima Madamba-Luang, Assistant City Prosecutor Sylvia Inciso-Butial
recommended that two counts of computer-related forgery be filed at the Las
Pinas Regional Trial Court for the alleged fraudulent transactions of the
respondents, which were facilitated with the use of information and
communications technology. It was alleged, among others, that the
complainant discovered unauthorized transactions, two of which pertain to the
remittances which the respondent made using her ATM card. Computer-
related forgery covers the act of knowingly using computer data which is the
product of computer-related forgery for the purpose of perpetuating a
fraudulent or dishonest design. Docketed as Criminal Case Nos. 14-0426-27,
the case is the first reported under the Cybercrime Prevention Act after the
Supreme Court’s decision on the validity of the said law last February.
38
According to Narciso M. Aguilar (2014), in his book entitled “Cyber-
related Laws: Legal Aspects Concerning Digitization and Modernization”,
jurisprudence in the Philippine context provides insights on the wisdom,
guidelines, precepts and reference which a citizen may avail of in
understanding the niceties of technological changes. The policy enunciated by
the government of the Philippines through Republic Act no. 10175 is one that
recognizes the vital role of information and communication industries such as
content production, telecommunication, broadcasting electronic commerce,
and data processing, in the nation’s overall social and economic development.
The emergence of digital technology which has led to the convergence of
broadcasting, telecommunication and the computer industry have likewise led
to the question of whether the regulatory model for broadcasting will continue
to be appropriate in the converged environment.
Theoretical Framework
The view of organizations as open social systems that must interact
with their environments in order to survive is known as the systems theory
approach. Organizations depend on their environments for several essential
resources: customers who purchase the product or service, suppliers who
provide materials, employees who provide labor or management,
shareholders who invest, and governments that regulate. According to Cutlip,
Center, and Broom, public relations’ essential role is to help organizations
adjust and adapt to changes in an organization’s [Link], Center,
and Broom (2006).
39
The open-systems approach was first applied by Katz and Kahn, who
adapted General Systems Theory to organizational [Link] and Kahn
(1966); Bertalanffy (1951), pp. 303–361. This approach identifies
organizational behavior by mapping the repeated cycles of input, throughput,
output, and feedback between an organization and its external environment.
Systems receive input from the environment either as information or in the
form of resources. The systems then process the input internally, which is
called throughput, and release outputs into the environment in an attempt to
restore equilibrium to the environment. The system then seeks feedback to
determine if the output was effective in restoring equilibrium. As can be seen,
the systems approach focuses on the means used to maintain organizational
survival and emphasize long-term goals rather than the short-term goals of
the goal-attainment approach.
Theoretically, systems can be considered either open or closed. Open
organizations exchange information, energy, or resources with their
environments, whereas closed systems do not. In reality, because no social
systems can be completely closed or open, they are usually identified as
relatively closed or relatively open. The distinction between closed and open
systems is determined by the level of sensitivity to the external
environment. Closed systems are insensitive to environmental deviations,
whereas open systems are responsive to changes in the environment.
The systems approach is an external standard that measures
effectiveness based on long-term growth or sustainability. Effective systems
are characterized by a steady state that systems theorists call homeostasis in
40
order to “avoid the static connotations of equilibrium and to bring out the
dynamic, processual, potential-maintaining properties of basically unstable…
systems.”Buckley (1967), p. 14. If an organization is able to maintain
homeostasis, which includes not just survival but also growth, then it
is effective. This perspective is broader and more comprehensive than the
goal-attainment approach because it is not limited to measuring effectiveness
as meeting goals determined by powerful internal coalitions that may or may
not be propitious for the whole organization. Pfeffer and Salancik defined
effectiveness as “how well an organization is meeting the demands of the
various groups and organizations that are concerned with its activities.”Pfeffer
and Salancik (1978), p. 11.
Most effective organizations, according to systems theory, adapt to
their environments. Pfeffer and Salancik described the environment as the
events occurring in the world that have any effect on the activities and
outcomes of an organization. Environments range from “static” on one
extreme to “dynamic” on the other. Static environments are relatively stable or
predictable and do not have great variation, whereas dynamic environments
are in a constant state of flux. Because environments cannot be completely
static or constantly changing, organizations have varying levels of dynamic or
static environments.
Organizations that exist in dynamic environments must be open
systems in order to maintain homeostasis. Because dynamic environments
are constantly changing, they create a lot of uncertainty about what an
organization must do in order to survive and grow. The key to dealing with
41
uncertainty is information. An open organization monitors its environment and
collects information about environmental deviations that is labeled as input.
Input can also be thought of as a form of feedback. The most important
information is negative input, according to systems theorists, because this
information alerts the organization to problems that need to be
corrected. Negative input tells the organization that it is doing something
wrong and that it must make adjustments to correct the
problem; positive input tells the organization that it is doing something right
and that it should continue or increase that activity.
Organizations then organize and process this information to formulate
solutions or responses to these changes. As Cutlip, Center, and Broom noted,
open systems use information to respond to environmental changes and
adjust accordingly. The adjustments affect the structure or process of the
organization, or both. The structure is what the organization is, whereas
process is what the organization does. Adjustments are “intended to reduce,
maintain, or increase the deviations.”Cutlip, Center, and Broom (2006), p.
181. For example, an organization can alter its structure by downsizing to
remain competitive. Other organizations may change their processes in order
to adhere to new environmental laws. Processing positive and negative input
to adjust to environmental change is called throughput. In the throughput of
information, the organization analyzes it and tailors it strategically to fit with
the organization’s goals, values, and within the relationship context it holds
with publics.
42
After an organization adapts to environmental changes, its actions and
messages represent its output. The automobile industry is constantly enticing
car consumers to try the latest models, hoping that it has responded to
changing expectations. Recently, many auto manufacturers have attempted to
color their products as “green” or environmentally friendly. However,
messages are not enough. If the cars are not really friendlier to the
environment, then these messages eventually will fall on skeptical ears and
impugn the credibility of the organization. An organization measures the
effectiveness of its output by seeking feedback. If its actions and messages
were not effective then the process is repeated until the appropriate solution is
found. If the organization is not able to adapt to the environmental variation
then it will eventually cease to exist. The public relations professional
engaged in an organization that takes a systems approach is continually
focusing on feedback as a way of measuring organizational success.
The public relations professional can use the academic concept of
systems theory to implement protocols for regular feedback to the
organization, thereby aligning it with the desires of publics in its environment.
This theory can also be useful in understanding the role of research and
feedback in creating a thoroughly analyzed and consistent strategy (the
throughput stage of information in systems theory). The analysis of
information and creation of strategy known as throughput helps to
conceptualize and justify not only the research budget of the public relations
department but also the need for making decisions that strategically align the
public communications of an organization with the information needed by
publics. The practical implementation of this approach keeps public relations
43
from being used as a simple publicity function, and places the function
squarely in the strategic planning process.
Systems theory, however, is not without some shortcomings. The first
shortcoming relates to measurement, and the second is the issue of whether
the means by which an organization survives really matter. Robbins noted
that one criticism of this approach is that its focus is on “the means necessary
to achieve effectiveness rather than on organizational effectiveness
itself.”Robbins (1990), p. 62. Measuring the means, or process, of an
organization can be very difficult when compared to measuring specific end
goals of the goal-attainment approach.
Conceptual Framework
Figure 1 presents the conceptual framework of the study. The Input-
Process-Output (IPO) model or pattern is a widely used approach in systems
analysis. On the IPO model, a process is viewed as a series of boxes
(Processing Elements) connected by inputs and outputs. Information or
material objects flow through a series of tasks or activities based on a set of
rules or decription points. Flow charts and process diagrams are often used to
represent the process.
In the Input box will be seen the assessment of the operational
capability of the PNP ACG and the problems encountered in this regard.
In the Process box will be found the demographic profile of the
respondents, the distributuion of survey questionnaire, collection tally and
tabulation, anaysis, statistical treatment of data and presentation.
44
In the Output will be seen the Action Plan to enhance the anti-
cybercrime operations of PNP ACG.
INPUT Process OUTPUT
Assessment of Demographic profile of
operational capability od respondents
PNP ACG
1. Manpower Distribution of survey
2. Resource questionnaire
management Action plan to enhance
3. Budget and Collection/ Tally/
Anti-Cybercrime
Logistics Tabulation
Operations of
4. Community PNP- ACG
cybercrime Analysis
awareness
5. Cyberpatrolling Statistical treatment of
and intelligence data
capability
Presentation
Problems encountered
Feedback
Synthesis of the Study
In searching through the different sources of information, the
researcher is able to gather facts from both foreign and local literature as to
the early beginings of cybercrime, the nature of cybercrime, the severity of the
problems brought about by cybercrime, among others.
Moreover, studies about high-technology computer crimes, cybercrime
law and practice, cybercrime prevention and detection, the efforts made to
45
combat cybercrimes, policing cybercrimes, threats to cyber security have
likewise been unfolded. The biggest question lies in the readiness of the
police to discover and combat cybercrime.
It is on this note that the present study is being tackled. While it is true
that the Philippine National Police has come up with its Anti-Cybercrime
group, the dilema seems to be on how capable the group is in its
implementation of anti-cybercrime operations to stop cybercrimes and
cybercriminals.
46
CHAPTER 3:
METHODOLOGY
This study is the presentation of the research method, population and
sampling of the respondents, description of the respondents on the basis of
their demographic characteristics, research instruments, validation of the
instruments, procedures in data gathering, and statistical treatment of data.
Research Design
The study will utilize the descriptive-normative survey method with the
questionnaires and interviews as techniques in gathering data.
A descriptive research involves the collection of data in order to test
hypothesis or answer questions concerning the current status of the subject of
the study. It involves description, recording, analysis and interpretation of
conditions that now exist. It aims primarily at gathering knowledge about the
object of the study but without modifying or changing it. Normative approach,
on the other hand, defines how things should be, which means that it will be
necessary to define also to subjective point of view that shall be used.
With regard to descriptive-normative survey, Good and Scates (1972),
stressed that “the term normative is sometimes used because surveys are
frequently made to ascertain the normal or typical condition for practice, or to
compare local test results with a state or national norm. Hence, the
results/findings of the study should be compared with the norm.
The researcher will also employ inductive reasoning based on
observation and drawing from personal experience, documentary review,
interview, and survey.
47
All data collected will be carefully evaluated, examined, and quantified
to show the factual and accurate description of the research study.
Population and Sampling Scheme
The researcher will utilize both primary and secondary sources of data
to substantiate his research efforts. Secondary data will be derived from
books, journals, and other related studies that are found in the library. Primary
data will definitely come from the sampled respondents who will act as
participants in this study.
The total number of respondents for this study is average since there
are a number of people who can be tapped and are willing to act as
participants in the study. Hence, it will not be difficult for the researcher to get
the respondents, these respondents being chosen on the basis of their
qualifications and familiarity with the topic on hand. The respondents will be
divided into two (2) groups and will be referred to as Groups 1 and 2.
These respondents will be sampled for the purpose of acting as
participants in this research study. They will share their opinions with the
researcher by answering the survey questionnaire and some other pertinent
questions during the informal interview.
Stratified sampling will be used since there is a ready list of the
universe whose numbers are classified as non-ACG Police Personnel who
are acquainted with the set up and operation of the ACG and judges, fiscals,
and lawyers, who have an insight as to the system and structure of the ACG.
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Description of the Respondents
In this study, the researcher will include as part of the study the profile
of the respondents as to their age, gender, civil status and educational
attainment and length of service in present employment.
Table 1 illustrates the distribution and percentage of the two groups of
respondents according to their age.
Table 1
Percentage Distribution of Respondents According to age
CATEGORY OF RESPONDENTS
AGE
BRACKET IN GROUP 1 GROUP 2
TOTAL
YEARS
f % F % f %
21-30
31-40
41-50
51-Above
TOTAL
49
Table 2 reveals the distribution and percentage of respondents
according to their gender.
Table 2
Percentage Distribution of Respondents According to Gender
MALE FEMALE TOTAL
%
RESPONDENTS f % f % F
50
Table 3 shows the distribution and percentage of respondents
according to civil status.
Table 3
Percentage Distribution of Respondents According to Civil Status
GROUP 1 GROUP 2 TOTAL
RESPONDENTS
f % f % f %
Single
Married
Separated
Widowed
TOTAL
51
Table 4 illustrates the distribution and percentage of respondents
according to their educational attainment.
Table 4
Distribution of Respondents According to their Highest Educational
Attainment
CATEGORY OF RESPONDENTS
HIGHEST
EDUCATIONAL GROUP 1 GROUP 2
TOTAL
ATTAINMENT
f % f % f %
High School
Graduate
College
Undergraduate
College
Graduate
Post Graduate
Units
Masters or
Doctoral
Degree
TOTAL
52
Table 5 shows the distribution and percentage of respondents
according to their length of service in their present employment/service.
Table 5
Percentage Distribution of Respondents According to their Length of
Service in the Present Employment/Services
CATEGORY OF RESPONDENTS
LENGTH OF
GROUP 1 GROUP 2
SERVICE TOTAL
f % f % f %
Less than 1
year
More than 1
year but less
than 2 years
2-3 years
4-5 years
TOTAL
Data Gathering Instruments
For the researcher’s specific purposes, the instruments that will be
used to gather data are documentary review, interview schedule and survey.
Documentary review will include the use of related published materials
like books, journals, pamphlets, primers, magazines, and newspapers, and
unpublished ones like speeches, lectures, and handouts.
53
With the use of survey questionnaire, specifically constructed by
the researcher for the purpose of data gathering, the sampled respondents
will provide additional inputs as to their demographic characteristics and
opinions regarding the topic on hand. The main problems tackled in the
survey questionnaire will be those in relation to Operational Capability of
PNP-ACG.
The interview, on the other hand, will be designed to allow elaboration
on the issues. Questions will be constructed in relation to the validation of the
problems to be raised in this study in order to obtain the opinion of those
considered knowledgeable. Some follow up questions will be asked to clarify
important matters and to gather rejoinders or information not contained in the
survey questionnaire.
All data gathered though the use of the aforementioned instruments will
be personally collected, sorted out, tabulated, analyzed, and collated by the
researcher himself to ensure credibility and completeness.
Data Gathering Procedures
In collecting informative data, with he use of documentary review, the
researcher will go to several libraries and bookstores to consult related
materials for additional information. The problem encountered in his regard is
possibly the insufficient amount of available local materials for review. Hence,
the researcher will focus more on foreign literature.
With regard to the use of the survey questionnaire, the
researcher will seek the permission and approval of the Philippine Women’s
University Graduate School for the conduct of the study. He will consult
knowledgeable persons for the design of the instruments. He will make
54
necessary revisions in the research instrument based on the results of the
pre-test and comments/suggestions of the consulted parties. He will
reproduce enough copies of the revised and validated survey instrument.
Written letters of request and coordination will be transmitted first to the
officials concerned who have jurisdiction over the selected respondents for
this study. After follow-ups are made and approval acquired, distribution of the
copies will be done.
Ethical Considerations
Principle of Beneficence: Freedom from Harm and Freedom from Exploitation
Principle of Respect for Human Dignity: Right to Full Disclosure
Instrumentation: Survey Questionnaire,
Data Gathering Procedure: Objective Test (50 Item Multiple-Choice)
Appendices: Communication Letter
:Raw Data (Survey Questionnaire)
Data Analysis/Statistical Treatment of Data
Data analysis refers to the process of determining the distribution of the
respondents under different categories that suggest trends and priorities.
Descriptive statistics will be used in the statistical treatment of the data.
The following tools will be applied.
1. Percentage is a measure of proportion, in this study. It will be used
to demonstrate the demographic profile of the sampled
respondents. It will be computed as follows:
55
P = f/N (100)
Where: P = the Percentage
f = the value if a single case
N = the value of the population
100 = constant
2. Weighted Mean. The frequency of responses will be tabulated and
counted in each item resulting over all mean
Where:
F5x5 = the frequency count
N = Number of respondents
The Likert Scale is a type of Psychometric response format often used
in the surveys that was developed by Rensis Likert in 1932. It is a multi-point
rating scale that measures the strength of the respondents’ level of agreement
or disagreement with the favorable or unfavorable statements about a concept
being measured (Likert, 1932).
For the interpretation of the scales to answer the assessment of current
system, the data below will be used.
Scale Limit/Boundaries Interpretation
5 4.50 – 5.00 Strongly Agree
4 3.50 – 4.49 Agree
56
3 2.50 – 3.49 Moderately Agree
2 1.50 – 2.49 Disagree
1 1.00 – 1.49 Strongly Disagree
3. Median - The median will be used to determine the value that
describes the middle of the data. The formula used:
Md = Lb + (N/2 - <cf)i / f
Where: Lb = lower boundary of median class
N = total frequencies
f = frequency of median class
<cf = cumulative frequency of the class just before the median
class
4. Standard Deviation - It will be used to determine the data in terms of
its measure of variability or dispersion. The variance will be used to
measure the difference between observed values and their mean.
The formula used:
57
σ(x – )2
Variance, s2 =
n-1 Where: σ =
Sigma
x = value of the variable X
= arithmetic mean
n = sample size
S2 = Variance
5. Z-test - A statistical test used to determine whether the hypothesis
presented is a null or an alternative hypothesis. The z test provides
the proportion of the total area under the normal distribution curve
that lies outside of the z value. As the total area was designated as
1, the result was a number between 0.5 and 0. The z test is
commonly used to assess statistical significance, especially when
non-parametric tests are used. The level of significance used is at
0.05.
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CHAPTER 4: PRESENTATION, ANALYSIS AND
INTERPRETATION OF DATA
(Arranged according to the Statement of the Problem)
59
CHAPTER 5: SUMMARY, CONCLUSIONS AND
RECOMMENDATIONS