ang pinakaconcern ko mga boss, may batas ba tayong nilalabag? nilalabag ba natin ang RA 8484 AT ANTI-FENCING LAW sa pagbebenta nung unlimited internet using vpn? please answer po sa mga experts natin. para mabigyan ko din ng babala yung kakilala kong nagbebenta. please thank you.
Assuming you are using a prepaid sim and a device approved by NTC (untampered), then using VPN does not violate RA 8484.
In regard to anti-fencing. "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
The question, is the VPN Service Provider committed the crime of theft? The answer is no. The crime is not yet committed. It is the VPN user who will commit the crime, thus the provider and seller will only be liable for accessory to the crime if code exploit/bypass is found in the VPN software.
Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.
Crime of theft is arguable and in my opinion using VPN to access the internet with the intent to gain (by not paying right) is a theft.
Anyway, the more appropriate law to apply is RA 10515. SEC 4 a and c. For prepaid subscriber when you don’t have load or subscription, you no longer authorize to access the internet thus it falls in section 4a without authority. RA 10515 apply as well in wireless such as 3G, LTE, and WiFI because these are delivery system/network.
SEC 4:
(a) intercept or receive, or assist in intercepting or receiving, any signal offered over a cable television system or a cable internet system by tapping, making or causing to be made, any connection to an existing CATV System/Network or Cable Internet System/Network without the authority of the concerned CATV Service Provider or Cable Internet Service Provider;
(c) use or receive any direct or indirect benefit from any CATV System/Network or Cable Internet System/Network with knowledge that it is a result of any of acts enumerated in paragraphs (a) or (b) above: or
Definition of terms:
Cable Internet Service refers to the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network.
Cable Internet Service Provider refers to any person natural or juridical, public or private, which was issued a registration certificate as provided under existing laws, rules and regulations, to provide and facilitate access to the worldwide web for a fee, through a CATV transmission or delivery system/network and is actually providing Cable Internet Service to its subscribers
Cable Internet System/Network refers to a facility engaged in the transmission or delivery of electronic signals for a fee, to provide and facilitate access to the worldwide web, for a fee, through a CATV transmission or delivery system/network
