The International Laws of Cyberwar and Cyberhatred

March 14, 2014 marked the day that Dr. Atty. Noel G. Ramiscal shared aspects of his research on the international laws relevant to cyberwarfare to a group of lawyers employed by the biggest earner and taxpayer in the Philippines, the Manila Electric Company (MERALCO). This was part of the Mandatory Continuing Legal Education (MCLE) seminar series conducted for the benefit of the MERALCO lawyers by the UP Institute of Administration of Justice.

Dr. Atty. Noel G. Ramiscal MCLE MERALCO Lecture 3 14 2014

Dr. Ramiscal has been researching on the laws of engagement in the very possible outbreak of cyberwar for several years now. MERALCO was a suitable venue for his lecture entitled “International Law: Contemporary Issues and Developments In Dealing With Information Technology Innovations” because, as he explained to the audience, if the Philippines became the subject of a cyberwar and the warriors wage a firesale, MERALCO would be one of the primary dual use utilities that can be the subject of a digital blitzkrieg possibly accompanied by physical attacks on its plants, that can lead to the total stoppage of the operations of the Philippine government and bring massive collateral damage to the populace.

In his lecture, Dr. Ramiscal introduced the audience to the weapons of cyberwarriors and possible and actual scenarios that have transpired over the years. Since the actual international laws for engagement in digital warfare are not yet settled, he apprised the lawyers of certain principles taken from international law and international humanitarian law that can be relevant to the engagement of cyber combatants. He also gave the lawyers some information on the developments concerning the Arms Trade Treaty which the Philippine Government signed last September 25, 2013, and its relevance to cyberwar if the weapons regulated by the treaty would have components that are computer based or ran by computers. Dr. Ramiscal further discussed the relationship between this treaty and the Wassenaar Arrangement that he had discussed several years back in his lectures concerning cryptology.

Dr. Atty. Noel G. Ramiscal MCLE Lecture MERALCO Lawyers 3 14 2014

Rounding out his lecture, Dr. Ramiscal gave certain pointers and developments in the international law concerning the regulation of “hatred” that is practiced and expressed through cyberspace. He made the point that the internet had changed the dynamics and proliferation of hatred and other e-motives that can even fuel a cyberwar. The Internet has made it possible for a select group or even individuals who possess the technical knowhow to spread their terror and bring down governments on their knees without even engaging in physical combat.

Dr. Ramiscal would like to extend his gratitude to the UP IAJ and MERALCO for this opportunity to further his advocacies on law and information technology. Special thanks to the attentive lawyers, and the stylish lawyers who even invited him for a “selfie”. Kudos to Atty. Platon who knew the title of Billie Holiday’s song, “Strange Fruit” which Dr. Ramiscal used as an example to illustrate the venom of race hatred.

Dr. Atty. Noel G. Ramiscal and the MERALCO Lighthouse Grand Piano

Heaps of praises to the MERALCO Conference Room which had one of the best sound systems that Dr. Ramiscal experienced in his lectures. And finally, the 360 degree view of the Light House is an experience to behold.

Virtual Lawyering in the Philippines

For much of 2012 and 2013, Dr. Ramiscal had lectured and engaged in dialogues with lawyers, in the government and private sector with respect to the practice of law online.

Dr. Atty. Noel G. Ramiscal MCLE lecture circa 2012 UPLC

Dr. Atty. Noel G. Ramiscal MCLE Lecture for PNP Lawyers

Dr. Atty. Noel G. Ramiscal in his MCLE Lecture on Online Legal Practice for SEC Lawyers

Dr. Atty. Noel G. Ramiscal at the AIM for his MCLE lecture on Virtual Lawyering for the Romulo Mabanta lawyers

Dr. Atty. Noel G. Ramiscal’s MCLE Lecture on Virtual lawyering for the Siguion, Reyna, Montecillo and Ongsiaco law firm lawyers

The passage of the Cybercrime Prevention Act of 2012, and the lifting of the TRO by the Philippine Supreme Court over this act (in its decision dated February 21, 2014), together with the same court’s declaration of the unconstitutionality of some of its provisions, have not really settled many of the issues that Dr. Ramiscal had extensively discussed in his Mandatory Continuing Legal Education (MCLE) lectures.

More specifically, these are the issues concerning the regulation of virtual lawyering, cyber advertising and cyber auctioning of legal services, jurisdictional issues of cross border online legal services, cloud computing legal issues, online legal process outsourcing, and of course, the variegated complexities of ethical lawyering in cyberspace. In his MCLE lectures, a lot of lawyers had expressed publicly (during the open forum) and privately to Dr. Ramiscal, their challenges at applying legal concepts meant for the physical world to the online world.

Dr. Atty. Noel G. Ramiscal after his MCLE Lecture for the Philippine Bar Association on Virtual Lawyering

Since the recent decision on the Cybercrime Prevention Act did not address nor give any guidelines on virtual lawyering in the Philippines, there is a necessity for private lawyer associations like the Integrated Bar of the Philippines and the Philippine Bar Association, legal experts, jurists, the Philippine Supreme Court and concerned legislators to address the growing legal and ethical concerns that the online practice of law can engender. The Code of Professional Ethics for Lawyers, and the Code of Judicial Conduct, as well as the Rules on Electronic Evidence and pertinent rules in the Rules of Court need a thorough review. A good compilation and annotation of all the Philippine Supreme Court decisions concerning the internet and its innovations that might have some bearing on online legal practice is also a must.

In the meantime, Philippine lawyers who must engage in some form of online practice must be guided by their common sense in their online transactions. The simple rule is, if you cannot do it physically, do not do it digitally. And lastly, do not underestimate the efficacy and power of disclaimers.

IN MEMORIAM: CAPT. CONRADITO DUMLAO

There are persons that one will meet in this lifetime whose very presence can guarantee a lightening of spirit, even a source of comfort. Capt. Conradito Dumlao was one such person, and to those of us who were privileged to know him, personally and/or professionally, he was the quintessence of the phrase “an officer and a gentleman”. He led an exemplary life serving the public, both in the Philippines and in the United States through his detective agency, Truth Verifier Systems Inc. (TVSI), which is certainly one of the most successful and multi-award winning bi-coastal detective agency founded by a Philippine citizen.

I got to know him when I came back to the Philippines to take a break from my Ph.D. researh in Australia in 2005. My good friend from Punongbayan and Araullo, Attorney Vladimir Alarique Cabigao, who is now in Australia, introduced him to me. Without batting an eyelash, Capt. Dumlao asked me what my legal specialization was, and when I told him of my Ph.D. research on Information technology law, he immediately signed me up as the speaker on E-commerce and electronic fraud for the American Chamber of Commerce meeting the following day! That began a series of long conversations between him and myself (interspersed with occasional conferences where we both served as speakers) regarding the state of the laws and regulations concerning cybercrimes in the Philippines and the United States, when we met in times when we were both in the Philippines.

“Capt. Dumlao”, as I called him, out of awe and respect, did not look at a person’s appearance, economic status, sexual orientation, or any of those differences that matter to most people, when he dealt with his staff, his clients and the public. He was an egalitarian, who was kind in demeanor, but firm when he had to be. His experience and expertise and brand of humor were showcased in the many lectures he conducted on lie detector tests and other types of technology that detectives used to ferret the truth.

He was a builder of bridges, a charismatic communicator and a rainmaker. His PR skills, innovative spirit, and professional credibility led to his company, the TVSI, to be awarded by the Philippine National Police with many accolades over the years, and had also led to stints in the Philippine showbusiness! TVSI’s lie detector tests and agents were featured regularly on several seasons of Showbiz Central. TVSI is also a most sought after agency by the big law and accounting firms for their investigative work.

Dr. Atty. Ramiscal with the Association of Certified Fraud Examiners (ACFE) with Capt. Dumlao at the center

It is no secret that he was in love with his wife of many decades, and their children. One only had to attend their family gatherings to sense the palpability of this love. He was also genuinely interested in, and protected the welfare of his staff, who only have good things to say about him.

When I received news of his transition, I was deep in several professional commitments, so I did not have the chance to go at his wake. I created this blog to make up for that and to express how grateful I am to his taking me in as a lecturer in his firm’s continuing education seminars. He will always be to me, a man of unstinting integrity, who never judged me, and who only sought the good in people. He was a soldier of light, a rare gracious soul, who made other people feel good about themselves.

Captain Dumlao, we thank you!