Philippine Lawbytes 236: IBP Dipolog (Part 2): The Impact of Artificial Intelligence (A.I.) on Cyberlaw Practice and Ethics in the Philippines, by Dr. Atty. Noel G. Ramiscal

My second MCLE lecture for the IBP Dipolog was “Cyber Law Practice Hazards in the Regime of the 2023 Code of Professional Responsibility and Accountability (CPRA)” last June 21, 2023. This was the first lecture I did this year that addressed the effects of A.I. on the legal profession which directly referred to the 2023 CPRA, which is the revised version of the 1988 Code of Professional Responsibility for lawyers. For 2022 and the first quarter of this year, I have discussed Cyberlaw Practice and Ethics in conjunction with the 2022 draft of the CPRA.   

Dr. Atty. Noel G. Ramiscal prior to his June 21, 2023 MCLE Lecture on Cyberlaw Practice Ethics Hazards in the 2023 CPRA

As I have discussed extensively last year and this year, we are now in the age of the 4^th Industrial Revolution, in which A.I., together with Augmented Reality, Internet of Things (IoT), Cloud Computing, Additive Manufacturing, Big Data Analytics, Nanotechnology, Cryptography and Quantum Computing, are the driving forces that will alter our lives, and the way we make our living, way beyond significantly.

How are these technological developments which have various impacts on the personal and professional lives of lawyers, reflected in the 2023 CPRA? Well, apparently, they are not. As I told the IBP Dipolog MCLE participants, the word “technology” was not even mentioned in the 2022 Draft of the CPRA which I critiqued in my 2022 UPIAJ Commissioned Report entitled “A.I., Technology, Gender and Morality in the Philippine Code of Professional Responsibility (CPR) for Lawyers”. The 2023 CPRA, like the 2022 Draft, focused merely on social media and the ethical obligations that lawyers have toward their usage of it. But social media is not the be all and end all of technology for cyberlaw practitioners. My 2022 UPIAJ Commissioned Report delved on different types of technological innovations and tools that have greatly influenced and changed legal practice all over the world. The gist of some of my recommendations and suggestions in my Commissioned Report can be found here:

Philippine Lawbytes 224: The Cyber Ethics of Technological Competence and the 1988 Philippine Code of Professional Responsibility for Lawyers

https://noelthecyberlawyer.wordpress.com/2023/02/28/philippine-lawbytes-224-the-ethics-of-technological-competence-and-the-1988-philippine-code-of-professional-responsibility-for-lawyers-by-dr-atty-noel-g-ramiscal/

In my Dipolog lecture, I delineated the possible legal and ethical frameworks of dealing with A.I. used in the legal industry as “legaltech” and the possible bases for liability, of law firms or lawyers acting as operators of these tools, in cases they go rogue or is implicated in uses that harm humans. In the possible scenarios I gave, I showed the European Parliament and other sources where I culled, or which inspired my discussion.     

Dr. Atty. Noel G. Ramiscal during his June 21, 2023 MCLE Lecture on Cyberlaw Ethics Hazards in the 2023 CPRA

One vital matter in any legaltech and ethical discussion of the future of lawyering is the anthropocentric conception of legal practice, which can be reduced to that hapless phrase “as that which lawyers do” [Cayetano v. Monsod, G.R. No. 100113, September 3, 1991, 201 SCRA 210 (1991)], that is still prevalent in the Philippine legal and judicial professions. Since 2015, I have discussed in my cyberlaw ethics lectures the case of Lola v. Skadden [620 F. App’x 37, 45 (2d Cir. 2015)], where the court ruled that a lawyer who used an A.I. e-discovery tool to do his function of reviewing documents, and used no independent legal judgment because such documents were already pre-marked by the A.I. tool, did not perform any “legal practice”.

With this type of judicial mindset, many of the tasks performed by junior associates in Philippine law firms that do not require any exercise of independent legal judgment on their part (e.g. inputting client data into pro forma affidavits, motions or pleadings, checking for grammatical and typographical errors in legal documents, checking case citations, using e-discovery tools like the one used in Lola, for legal process outsourcers in the Philippines, etc.) do not constitute legal practice. In fact, A.I. tools can do these tasks better, as I showed in several examples where experienced document review attorneys were pitted against A.I. tools which devastatingly outperformed them in all levels. Human lawyers are NOT the gold standard for tasks like these, A.I. tools are. And what is also most disturbing is that A.I. tools can perform their tasks 24 hours a day, 7 days a week, without taking rest or leaves, without getting sick, without needing promotions, and without asking for any job benefits!

Dr. Atty. Noel G. Ramiscal at the Dapitan Heritage house of Aniano Adasa with paintings of Jose Rizal, June 21, 2023

A.I. is also the main reason why law firms and lawyers in different jurisdictions have joined forces with non-lawyers and non-legal entities (like business service firms and I.T. solutions/software firms) to form Alternative Business Structures (ABS) or Alternative Legal Service Providers (ALSPs) or accept investments in their firms from non-lawyer investors.

In this type of set-up, non-lawyers can be partners of lawyers, to the extent that non-lawyers are even legally allowed to manage these firms! This arrangement has been successful because it answers several pressing needs of lawyers and law firms. It provides financial capital that is much needed for the expansion of their legal practice. It also enables law practitioners to have access to technological and other types of resources to offer value added services to their clients, which can make them attract more clients.

Dr. Atty. Noel G. Ramiscal at the Dapitan Heritage house of Aniano Adasa, June 21, 2023

Australia was the first to do this in the early 2000s. U.K. and certain European countries followed. For the longest time, the U.S.A. held out due to the American Bar Association’s (ABA) view that non-lawyers are not allowed to partner with law firms and lawyers, to do “legal” tasks, and to share in legal fees to safeguard the independence of lawyers and protect the legal profession. But during the pandemic in 2020, the Utah Supreme Court allowed the first NON-LAWYER OWNED LAW FIRM, called LAW ON CALL to be established to provide legal services to Utah residents. Arizona then followed suit, while other States like California, Indiana, and even the ABA are considering allowing this type of arrangements.

In the Philippines, we are still saddled with the same restrictions followed by the ABA. The 2023 CPRA canonized the non-sharing of legal fees with non-lawyers in Canon III, Section 43.

Dr. Atty. Noel G. Ramiscal at the Dr. Jose Rizal landing installation marker, Dapitan, June 21, 2023

Judging from the fact that only social media was the one touched on by the current CPRA, it is unfortunate that there appeared to be no discussion, or even awareness, from those who drafted it, of the many complex technological developments that have changed the legal profession around the world.

But maybe this is changing. I consider it providential that I was able to meet during the IBP Dipolog MCLE dinner, one of the members of the Subcommittee that drafted the CPRA rules in 2022, Atty. Fina Tantuico, who was also a lecturer in the MCLE seminar. We had a lengthy discussion about some of these developments and I acquired the consent of the UPIAJ Director, Atty. Emerson Bañez, to share with her, and her Subcommittee co-members my 2022 Commissioned Report.

Dr. Atty. Noel G. Ramiscal with IBP Dipolog Pres. Atty. Augustus Alegarbes and Vice Pres. Atty. Fevie Gador, June 21, 2023

Once again, I am grateful to all the IBP Dipolog officers, Atty. Alegarbes, Atty. Gador, and the rest for their generous reception, to the MCLE Committee members headed by Atty. Lim, and all the IBP staff who made sure we were comfortable. To all the fabulous IBP Dipolog lawyers, who are seekers of Truth and Justice, may your tribe increase!

Lawbytes 215: The Future of Philippine Lawyers and the DEPED’s Digital Literacy Alternative Learning Strand in the Age of A.I. and Industrial Revolution 4.0, Copyright by Dr. Atty. Noel G. Ramiscal

In last year’s Philippine Bar examinations, 11,402 law graduates undertook the bar, and about 8,241 or 72% of them passed. The Philippines has a population of 112,353,189 based on projections of the latest United Nations data. The UN estimates the July 1, 2022 Philippine population at 112,508,994 (https://worldpopulationreview.com/countries/philippines-population, accessed May 28, 2022). While the high percentage of the bar passing rate is a cause of celebration because there is a need for lawyers, particularly in the underserved provinces of the country, there is also the current reality of technological innovations that have increasingly encroached on, and are threatening to overtake, what were once the exclusive domains of lawyers like legal document drafting, contract reviews, evidence discovery and legal research.

2007 was the first year I participated in the Philippine Mandatory Continuing Legal Education (MCLE) seminars as a lecturer. My first lecture was entitled “Information Technology Law Updates” for the University of the Philippines Institute of Judicial Administration (UPIJA). From that time forward, I have always tackled legal and ethical issues connected with technological innovations. Then UPIJA Director, Atty. Rowie Daroy Morales gave me permission to lecture on the topic I termed as “Cyberlaw Ethics” in their MCLE seminars. It turned out to be UPIJA’s first MCLE offering on Cyberlaw Ethics. Since then, I have been fortunate enough to be trusted by what is now the University of the Philippines Institute of Administration of Justice (UPIAJ), and its current Director, Atty. Emerson Bañez, and other MCLE providers for lecturing on this matter for 15 years running. One practice I have always followed is to revise all of my Cyberlaw Ethics lectures by including new matters, because technology always outpaces the law, and tweak them to fit the needs of the audience, particularly if they come from any specific government agency or private entity.

When I was given the privilege of lecturing for the Department of Education (DEPED) lawyers last May 24, 2022, I took it as a rare honor to truly engage their attention by focusing on the legal and ethical impact of massive technological advancements over the past decade on the future of lawyering, and also on the DEPED’s Alternative Learning Strategy strands that involves the “Digital Literacy” program for K to 12 students, who may at some time be interested in becoming lawyers.

Dr. Atty. Noel Guivani Ramiscal’s DEPED MCLE lecture Powerpoint Title Slide

My lecture titled “Cyber Law Ethics and the Future of Lawyering in I.R. 4.0” was from the perspective of a legal futurist, trying to find some purpose or relevance for those who may want to join the legal profession at a time when A.I. tools and alternative legal service providers can actually do what many junior lawyers, paralegals, legal secretaries and stenographers can do, only better, and at a fraction of the cost.

I told the DEPED lawyers that we are now in the age of the fourth iteration of the Industrial Revolution (I.R.), only this time, more powerful computers, and complex technologies that are self-aware and self-correcting, are the drivers of this revolution. In fact, A.G.I. or Artificial General Intelligence is actually being developed to the extent that it can one day exceed human intelligence. While others posit a longer period, Ray Kurzweil, the famous transhumanist advocate and computer scientist believed that A.G.I. could happen sometime in 2029. One could point to the huge advancements and services made by IBM’s Watson, and the grant of state citizenship to the robot Sophia, to bolster this belief.

Dr. Atty. Ramiscal’s May 24, 2022 DEPED lecture opening

I apprised the DEPED lawyers of other technological indicators of this revolution.

There is the Internet of Things (IoT), the vast universe of objects embedded with sensors, software, and other technologies for the purpose of connecting and exchanging data with other devices and systems over the internet, or over any network, which some believe is the building foundation for I.R. 4.0. Cloud computing, which essentially allows one to ‘plug into’ and use computing resources from infrastructure via the internet, without installing and maintaining these onsite, has made possible the storage and analysis of Big Data, from many sources including social media platforms. This in turn has opened so many entrepreneurial models of harnessing the power of information, with certainly the concomitant data security and privacy concerns present. Cybersecurity measures thus weigh in heavily in I.R. 4.0. with advances in cryptography securing fintech, cryptocurrencies, blockchains and distributed ledger technologies.

The third iteration of the Internet, which some companies are pushing for realization as the Metaverse, would consist of the blurring of the physical and real, with the virtual and simulated worlds, with the use of augmented reality technologies. On the manufacturing side, the development of 3D and 4D printing technologies have made headlines with their possibilities of ending scarcity of vital resources, but with attendant intellectual property rights, environment and health issues.

Finally, nanotechnology which is concerned with the science of harnessing very, very, very, very, very small things for curing diseases, for cybersecurity, and even for the cyborgization of human beings, can actually change the way we will live, experience and remember the world around us.

K to 12 Digital Literacy Learning Strand 2017 DEPED Alternative Learning Strategy

With many of these technologies coming in waves within the first decade of the 21^st century, the DEPED’s 2017 “Digital Literacy” K to 12 Basic Education Curriculum for the Alternative Learning System, with its emphasis on basic “Digital Concepts”, “Digital Applications” mainly of Office Applications, “Digital Devices” pertaining mostly to mobile devices and “Digital System Network” that did not mention the deep and dark webs and the IoT, is certainly obsolete and cannot serve the needs of our brilliant elementary to Senior High School students who are digital natives. I gave several recommendations as to how the DEPED should revise this program, and other matters that must be done to make it relevant and conducive for our students to take the technological path in their vocation.

As for lawyers, there is actually no point in competing with A.I. tools, like in e-discovery of evidence. These tools are infinitesimally better than humans in processing millions and trillions of all types of data, be they numbers, information or images, and can analyze them in a very short time, to look for patterns, correlations and possible solutions that may prove elusive to humans. But what humans can excel at is asking the right questions to these A.I. tools, to lead to the best possible solutions. For now, humans are arguably more creative than A.I., so human lawyers can excel at thinking on their feet, particularly in negotiations and trials/hearings, to find the best resolution for their clients’ causes. So, it is in the best interest of human lawyers to familiarize themselves with the use of A.I. technologies which they can use merely as tools, that’s right, as tools, for their practice.

There is also the possibility of human lawyers being actually implanted with neural wires in their brains that are connected to the vast network that make up the known and unknown parts of the internet, or knowledge stored in computing clouds. Their implants can give them the speed like qualities of A.I. to scan and analyze extensive knowledge files that can assist them in serving their clients. There are now several companies and entities like DARPA and Elon Musk’s Neuralink, that are engaging in this type of research and endeavors to address, primarily, health issues concerning the human brain and tissues.

Dr. Atty. Ramiscal answering a question from Atty. Busain during his DEPED May 24 2022 MCLE lecture

Finally, I stated that the current pedagogical methods of teaching law, and the usual educational foundations for lawyers have to be revised. Human lawyers to stay relevant in the incoming years, have to be very open and must possess interdisciplinary skills and abilities. There should be the opening of new possibilities of linking law with neurobiology, computer engineering, nanoscience and complex mathematics. Lawyers can be managers of A.I. technologies. They can also be the developers of A.I. tools for the law profession.

I closed with the recommendations where DEPED, CHED, the LEB and PRC can address the needs and requirements of students who are going to pursue the path and profession of lawyering in the I.R. 4.0. Deepest gratitude for the DEPED and UPIAJ for making this opportunity for engagement possible, and to all the DEPED lawyers, 171 of them, many of which gave very positive and encouraging comments, and some very interesting questions and insights in the Zoom chat which I addressed at the Q & A portion. It was indeed, an exceptional sharing, and one which I truly desire to continue with those at the helm of the digital and legal education in the Philippines.

“The Legal and Technological Developments in Cryptology” with the CDAS-ASEA (Copyright by Dr. Atty. Noel G. Ramiscal)

In the afternoon of July 9, 2015, Dr. Atty. Noel G. Ramiscal was escorted from Xavier University to the beautiful, wonderful and classy Chali Resort and Conference Center to lecture before a group of educators and administrators comprising the Council of Deans of Arts and Sciences, Arts and Sciences Educators’ Association Region 10 (CDAS-ASEA 10).

DR. ATTY. NOEL G. RAMISCAL CDAS JULY92015 PRESENTATION

Since this is a body of academics from mostly the sciences, physics, mathematics, engineering and economics, Dr. Ramiscal’s talk on the “Legal and Technological Developments in Cryptology” aptly fitted into their program, arranged with unerring brilliance by Ms. Nathalie Igot, the CDAS-ASEA 10 Regional Coordinator and Dr. Rolito Ebaile, the CDAS-ASEA 10 Inc. President.

Dr. Ramiscal began his lecture with an exposition of different means and modes of hiding information from prying eyes and nefarious minds, concocted by humans in ancient times. He traced the development of codes from linguistic ones to the mechanical “bombes” developed during the Second World War and how the multidisciplinary field of cryptology arose with contributions from mathematics, quantum physics, quantum mechanics, biomolecular sciences and nanotechnology. While the D-Wave system is around, he apprised the educators of the most recent advances in the building of a true quantum computer that could be the real Achilles heel for any cryptography system that relies on the problem of factoring as the kernel of the system’s security. These included the study made in Yale University of tracking in real time quantum computing errors by the use of an ancilla atom, and the development by IBM of a four superconducting quantum bit circuit device built on a chip that can be used to address quantum decoherence.

DR. ATTY. NOEL G. RAMISCAL CDAS JULY92015 MEMBERS

Technological advancements like these when applied to practical devices can definitely have societal and legal impact on the security and privacy of information and the lives and freedoms of people who rely on these devices. Dr. Ramiscal explained the mechanisms under the Wassenaar Arrangement that are implemented by the States parties to the Arrangement to control and regulate the dissemination of, not only the technology but the knowledge surrounding the technology, to elements and entities within and outside these States that can potentially use them for criminal purposes. These have resulted in grave clashes between the State’s interest versus the human rights and academic freedoms of educators, students and those engaged in cryptological research. In the U.S.A. the unlicensed dissemination of cryptographic materials that exceed the minimum standards under the export controls is legally prohibited. In the U.K., the teaching of Physics by a teacher without any export license to a student from a country that is identified as a hotbed of terrorism can make the teacher liable under the U.K. Terrorism Law. In Australia, anyone who disseminates cryptologic knowledge in an online environment without any export license can be construed a supplier, exporter or provider of a Weapon of Mass Destruction (WMD) if there are reasonable grounds to believe or suspect that the recipient of such knowledge will use it to build or assist in the building of a WMD.

While the Philippines is not (yet) a member of the Wassenaar Arrangement, Dr. Ramiscal delineated the relationship between this Arrangement with the Arms Trade Treaty that the Philippines signed in 2013. He discussed how cryptology is crucially connected with conventional weapons that this Treaty regulates and how that can impact the balance of power between States.

DR. ATTY. NOEL G. RAMISCAL CDAS JULY92015 SOME MEMBERS

Dr. Ramiscal talked at length about the importance of source code reviews for any ICT or security products that employ cryptologic features. He elucidated on what transpired during the 2010 and 2013 automated elections and the case rulings, highlighting certain matters that should be understood by the lay public, with respect to the procurement of the machines used in these elections and the nature of source code reviews. He also brought to the attention of the attendees certain issues that need to be threshed out in the Bitcoin online exchange sites in the Philippines, and the current e-Titling system being implemented by the Land Registration Authority, which relies on cryptography for its security.

DR. ATTY. NOEL G. RAMISCAL CDAS JULY92015 WITH MS. IGOT DR. EBAILE AND MEMBERS

Dr. Ramiscal is most grateful to the spirited and opinionated bunch of educators who raised a lot of pertinent questions during his lecture. Thank you again to Ms. Igot and Dr. Ebaile for giving Dr. Ramiscal this wonderful opportunity to share the fruits of his research! This was memorable for Dr. Ramiscal because this was the first time that he gave this lecture to a group of educators in the sciences, and the principles and findings he discussed apparently resonated with them.

International Law: Developments in Cryptology (Copyright by Dr. Atty. Noel G. Ramiscal)

In the rainy day of May 29, 2015, Dr. Atty. Noel G. Ramiscal delivered his lecture “International Law: Developments in Cryptology” for the University of the Philippines Institute of the Administration of Justice’s (IAJ) Mandatory Continuing Legal Education (MCLE) seminar series for lawyers. It might be raining outside but inside the newly renovated Bocobo Hall, it was mostly sunshine due to the warm and appreciative welcome he got from most of the lawyers who paid good money to attend the lecture.

Dr. Atty. Noel G. Ramiscal before his MCLE lecture on Cryptology last May 29, 2015

To start off, Dr. Ramiscal discussed steganography, which is the art and science of hiding information within other information and differentiated it with cryptology, that is concerned with encrypting and decrypting information with the use of cipher keys. He gave a historical overview of cryptology and its connections with commerce and warfare from ancient times to the last two World Wars. With the concern by governments (particularly the U.S. and the U.K.) that the knowledge acquired by their scientists, mathematicians, cryptographers and cryptanalysts could be used by terrorist and other nefarious elements, the cryptologic knowledge and technology amassed from these wars were either destroyed or concealed. It was only in the 70’s that some parts of the knowledge were “discovered” anew by researchers specially in symmetric and asymmetric cryptosystems which are the two cryptosystems used in the Philippines’ 2010 and 2013 automated elections.

Dr. Ramiscal then proceeded to discuss some of the scientific principles from disciplines like classical physics, quantum mechanics, and nanotechnology which are incorporated in other forms of cryptology that are not even widely known or even discussed in the Philippines.

Dr. Atty. Noel G. Ramiscal animatedly lecturing on the principles of quantum physics as part of his MCLE Cryptology lecture last May 29, 2015 at UP Law Center

He delved on the differences between an asymmetric cryptosystem like RSA with elliptic curve cryptosystem based on the trapdoor problem posed by elliptic curve logarithms. He apprised the lawyers of the newly established area of a fully homomorphic encryption system shown by the work of Craig Gentry and the various developments in the field of quantum computing and quantum entanglement. Most of the lawyers present gamely took all these in, because these are part of their professional edification.

The benefits of cryptology in the protection of sensitive, confidential and top-secret data, as well as in safeguarding the lives of those who send these data via liberation technologies were discussed by him. Dr. Ramiscal then went into a critique of the provisions of the Wassenaar Arrangement’s provisions which curtail the freedom of private citizens, academics, researchers and enterprises engaged in cryptology in countries like the U.S.A., the U.K. and Australia.

Some of the lawyers who attended Dr. Atty. Noel G. Ramiscal’s Cryptology Lecture at UP Law Center, May 29, 2015, copyright by Dr. Atty. Noel G. Ramiscal

Other lawyers who attended Dr. Atty. Noel G. Ramiscal’s Cryptology Lecture at UP Law Center, May 29, 2015, copyright by Dr. Atty. Noel G. Ramiscal

Rounding off Dr. Ramiscal’s lecture is his discussion of the state of cryptology, in terms of knowledge and application of this discipline in the Philippines. He apprised the lawyers of his recently finished research project with the UP Institute of International Legal Studies on the subject of cryptology, covering four countries including the Philippines. Insofar as the Philippines is concerned he zoned in on the issues involving the source codes for the automated election systems used in the 2010 and 2013 elections as well as pressing concerns involving the procurement of election technologies in the upcoming 2016 elections. He discussed the significance of several cases including the 2009 Roque case, the 2010 CenPEG case, the 2012 Capalla case and the 2015 Pabillo case. He imparted to the lawyers of the necessity to overhaul the present framework in testing source codes of cryptosystems and also dealt with other developments in e-titling and bitcoins.

One of the best things about participating in an MCLE seminar is getting to see friends and batchmates in law school like Attys. Effie Pajel Cruz and Joy Bayona. Dr. Ramiscal extends his gratitude to the lawyers present who gave him a warm reception and to the UP IAJ for such a great opportunity to share his research and advocacies.

THE CRYPTOLOGY RESEARCH PROJECT OF DR. ATTY. NOEL G. RAMISCAL, THE AUSTRALIAN CONNECTION AND THE NEED TO OVERHAUL THE PHILIPPINE SYSTEM CONCERNING AUTOMATED ELECTIONS AND AUTOMATED TRANSACTIONS

Dr. Atty. Noel G. Ramiscal was introduced to the legal necessity and beauty of cryptology (the art and science of encrypting and decrypting secret messages) in an “Internet and Law” class he took facilitated by Dr. Alan Davidson in 1999, when Dr. Ramiscal was taking up a combined class and thesis Master of Laws degree (Advanced) at the University of Queensland, Australia under a very competitive AUSAID scholarship program. He belonged to the last batch of people from the private sector to be granted the AUSAID scholarship. Dr. Davidson took all the members of that class through the basic elements of cryptography and demonstrated the use of an open free type of cryptography called Pretty Good Privacy (PGP). Dr. Ramiscal had first hand access to the software and learned later on about the essential legal, particularly the human rights, issues concerning the significance of encrypting secrets. His fascination with cryptology grew with his own research.

In 2003, he was back in Australia for his Ph.D. in law, undertaken under the Australian Government and the University of Queensland’s International Postgraduate Research Scholarship programs. Since he has decided to concentrate on Information and Technology Law concerning higher education, he thought he could incorporate his initial research on cryptology concerning four jurisdictions: Australia, UK, USA and the Philippines.  Two of the papers he wrote relative to cryptology, academic freedom and terrorism, were accepted and presented by him in two international conferences, one in Brisbane, and another one in Abu Dhabi, United Arab Emirates. In the end, the portion on cryptology he wrote for his Ph.D. thesis was excluded because it made the thesis exceed the maximum word limit. That did not stop him from talking about the subject in his professional lectures and in his classes at UP Los Baños where he taught as an Associate Professor for a time.

In 2008, Dr. Ramiscal was granted the “First Outstanding Australian Alumnus” award by the Philippine Australian Alumni Association (PA3i),

Dr. Atty. Noel G. Ramiscal in front of the Philippine Australia Alumni 2008 Forum poster

in conjunction with the Australian Embassy for his legal research and advocacies undertaken for the “betterment of his countrymen”. In his acceptance speech before his fellow alumni, the Australian Ambassador and the officers of PA3i,

Dr. Atty. Noel G. Ramiscal with his “Most Outstanding Australian Alumnus” award received from then PA3i Pres. Romero and Amb. Rod Smith

he acknowledged the huge debt of gratitude he has for the Australian Government and the University of Queensland for allowing him the latitude to research on any subject he desired and fairly recognizing his talents. He has always maintained that in Australia, one can succeed on pure merit alone because of the Aussie mentality that believes in giving everyone a fair chance.

Dr. Atty. Noel G. Ramiscal having a light moment with Australian Ambassador Rod Smith and PA3i officers in the award ceremonies

He has sworn since then to live up to the distinction of the award through his personal and professional advocacies concerning IT and Law and striving to make the intersections between these two disciplines clear for the guidance and empowerment of their stakeholders.

In 2012, Dr. Ramiscal was granted a research grant by the University of the Philippines International Institute of Legal Studies headed by the brilliant and eminent international law and human rights expert, Atty. Harry Roque, Jr. His research grant was for the study of the international and national law issues concerning cryptology. Dr. Ramiscal gave a copy of the manuscript to Atty. Roque Jr. last January 27, 2015, at the Jessup Moot Court Competition Room of the UP Law School.

It took him three years to complete because of the many developments that happened, and continue to happen, in this multidisciplinary field. His research gave a historical account of the development in cryptology which had impacted the arts and different sciences from the authorship of Shakespeare’s sonnets to quantum physics, quantum mechanics, and biomolecular nanotechnology. It covered the current trends and controversies in cryptology in several jurisdictions. He scrutinized the limitations and repercussions imposed by the current Wasennaar Arrangement between forty one countries on the research, entrepreneurial endeavours and possible human rights of the citizens and businesses in these countries. He also explored the connection between the Arrangement and the Arms Trade Treaty (which the Philippines signed in September 2013).

Dr. Atty. Noel G. Ramiscal presenting his manuscript of “Cryptology: The Law and Science of Electronic Secrets and Codes” to then UP Institute of International Legal Studies Director, Atty. Harry Roque Jr. last January 27, 2015

Dr. Ramiscal traced the history and development of export controls on cryptology which is considered a dual use munition or good in the US, UK and Australia. The research connected the concerns of these States with terrorism, in its physical and virtual forms. He analyzed the constitutional challenges brought by the American academics against the export licensing system of the US Government, as well as the recent legal trend of states subpoenaing accused for the disclosure of their decryption keys to possibly incriminating evidence. Dr. Ramiscal discussed and critiqued the current UK Vetting System for the publication and dissemination of academic works and even teaching to certain students of certain countries that might impart information concerning cryptology which can be used in terrorism, as well as the impact of other UK laws on the privacy and academic freedoms of citizens and educators respectively. For Australia, Dr. Ramiscal looked at the legislation concerning export controls, Weapons of Mass Destruction, terrorism and crimes, and case laws which provide a guide into the Commonwealth’s approach to unregulated cryptography. One of the pressing and controversial proposals put forth by the Office of the Solicitor General is the issuance of “intelligibility disclosure notices” relative to encrypted content.

The Philippines presented a challenging legalscape as far as the research was concerned. While the Philippines is not a member of the Wassenaar Arrangement and is not one of those countries listed as having any official encryption policy or export control on dual use goods that incorporate cryptological features, it is a country that has been mired in source code controversy over the automated election system (AES) machines procured since 2009 by the Commission on Elections (COMELEC). Dr. Ramiscal dissected several election issues exclusively pertaining to the source codes of the AES machines and their non-review in the 2010, and selective review in the 2013, automated elections by legitimate third party source code reviewers. He considered several matters pertaining to the procurement activities of the COMELEC regarding the 2016 automated elections. Within the context of cryptology, Dr. Ramiscal also probed different issues pertaining to the government’s electronic procurement system, the Land Registration Authority’s electronic titling system, the (still to be activated) National Privacy Commission’s (NPC) responsibility for the security of electronic data of Philippine data subjects, the need to review the role of data privacy controllers and third party certification authorities of electronic data, and even the necessity for reconsidering the ethical obligation of lawyers to secure their client’s confidential information via cryptology. The result of Dr. Ramiscal’s research is a proposal that will overhaul the whole system of protecting the rights and interests of the Philippine electorate, as well as the privacy rights of Philippine citizens over their electronic data.

In order to finish and submit his research output, Dr. Ramiscal had to sacrifice an invitation to join the Australian Alumni Night bash at Greenbelt in January 26, 2015, which is “Australia Day”. Anyway, to all the Aussie alumni and luminaries who attended, the best days ahead!

Dr. Ramiscal is grateful to the UPIILS grant given to him, to the wonderful Atty. Harry Roque Jr., and to the supportive UPIILS staff, and in particular, to the very kind Ms. Aurelia Tolentino.