Post by ospml on Aug 7, 2007 23:41:49 GMT -5
Noting that every new technology carries tremendous responsibility, Sen. Panfilo M. Lacson is seeking to curb abuses of prepaid subscriber identity module (SIM) cards by criminals and other unscrupulous individuals.
Lacson filed Senate Bill 191, which regulates the sale of prepaid SIM cards by requiring buyers to register information into a database that the telecommunications providers will maintain.
“Not only is this pre-paid subscriber identity module (SIM) card easily accessible, i.e., it can be bought almost everywhere, the owners thereof can likewise easily evade detection since prepaid SIMs are virtually undetectable. Due to this, unscrupulous individuals almost always take advantage of the same in the pursuit of their criminal activities to the detriment not only of a particular interest but that of the whole nation,” Lacson said.
He said the bill also puts into place the procedure to be followed if a member of the law enforcement agency and/or officer wishes to retrieve information concerning the owner of a pre-paid SIM card used in a criminal or illegal activity.
Under the proposed measure, persons who want to use prepaid SIM cards should prepare and accomplish a registration form providing their name and the telephone number of the prepaid SIM card.
But in registering, the buyer must present valid documents, which may include a valid ID card with photograph, a valid passport, a driver’s license, Social Security System ID; company identification card, Government Service Insurance System ID card; a Voter’s ID card, Senior Citizen Card, or school ID card.
The dealer, in turn, shall keep a record of the names and other data of all persons who purchased a prepaid SIM card, and transmit a certified copy to the telecommunication service provider for use in its database.
Law enforcers can look into the records of a buyer whose SIM card was used in a crime, but only with a written court order.
The court’s written order should specify the name of the law enforcement agency and/or officer authorized to look into the database of the telecommunications service provider; ask the telecommunications service provider to furnish the information requested; and direct the law enforcement agency and/or officer to use the information obtained in accordance with the written application.
The court order must also specify the period of the written order, which shall not exceed 30 days.
For its part, the telecommunications service provider shall furnish a copy of the records to the National Telecommunications Commission and the Bureau of Internal Revenue.
Dealers who fail to comply will face a fine of P25,000 for the first offense, P50,000 for the second offense, and P100,000 for the third offense. On the third offense, the president, general manager or other responsible officer of the dealership will face imprisonment of up to four years.
Failure to keep a record may mean imprisonment of up to six months, or a fine of P50,000 on the president, general manager, or other responsible officer of the dealership.
On the other hand, imprisonment of up to six years or a fine of P50,000 will be imposed on any employee of the dealership or the telecommunications service provider who shall reveal the name of the registered owner of a prepaid SIM card.
A similar penalty awaits any employee of the telecommunications service provider who refuses the law enforcement agency or officer access to information despite a written order from a competent court.
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Lacson filed Senate Bill 191, which regulates the sale of prepaid SIM cards by requiring buyers to register information into a database that the telecommunications providers will maintain.
“Not only is this pre-paid subscriber identity module (SIM) card easily accessible, i.e., it can be bought almost everywhere, the owners thereof can likewise easily evade detection since prepaid SIMs are virtually undetectable. Due to this, unscrupulous individuals almost always take advantage of the same in the pursuit of their criminal activities to the detriment not only of a particular interest but that of the whole nation,” Lacson said.
He said the bill also puts into place the procedure to be followed if a member of the law enforcement agency and/or officer wishes to retrieve information concerning the owner of a pre-paid SIM card used in a criminal or illegal activity.
Under the proposed measure, persons who want to use prepaid SIM cards should prepare and accomplish a registration form providing their name and the telephone number of the prepaid SIM card.
But in registering, the buyer must present valid documents, which may include a valid ID card with photograph, a valid passport, a driver’s license, Social Security System ID; company identification card, Government Service Insurance System ID card; a Voter’s ID card, Senior Citizen Card, or school ID card.
The dealer, in turn, shall keep a record of the names and other data of all persons who purchased a prepaid SIM card, and transmit a certified copy to the telecommunication service provider for use in its database.
Law enforcers can look into the records of a buyer whose SIM card was used in a crime, but only with a written court order.
The court’s written order should specify the name of the law enforcement agency and/or officer authorized to look into the database of the telecommunications service provider; ask the telecommunications service provider to furnish the information requested; and direct the law enforcement agency and/or officer to use the information obtained in accordance with the written application.
The court order must also specify the period of the written order, which shall not exceed 30 days.
For its part, the telecommunications service provider shall furnish a copy of the records to the National Telecommunications Commission and the Bureau of Internal Revenue.
Dealers who fail to comply will face a fine of P25,000 for the first offense, P50,000 for the second offense, and P100,000 for the third offense. On the third offense, the president, general manager or other responsible officer of the dealership will face imprisonment of up to four years.
Failure to keep a record may mean imprisonment of up to six months, or a fine of P50,000 on the president, general manager, or other responsible officer of the dealership.
On the other hand, imprisonment of up to six years or a fine of P50,000 will be imposed on any employee of the dealership or the telecommunications service provider who shall reveal the name of the registered owner of a prepaid SIM card.
A similar penalty awaits any employee of the telecommunications service provider who refuses the law enforcement agency or officer access to information despite a written order from a competent court.
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