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0 tracked cards Criminal Law

Under RA 10175 Sec. 4(b)(3) on computer-related identity theft, which statement best describes Kai's liability given the following: Kai, a software engineer at a fintech firm, copies a coworker’s login credentials (username and password) from an unsecured file on the firm’s server and later uses those credentials to log into the coworker’s online wallet, transferring ₱85,000 to Kai’s own account. The coworker reports the incident and investigators trace the transfers to Kai. Which of the following best describes Kai's liability?

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If Kai had merely copied the credentials but had not logged in or transferred funds, Sec. 4(b)(3) would not apply, though other cybercrimes may. The conduct constitutes illegal access to a computer system under Sec. 4(a)(2) but does not amount to identity theft, since there is no separate act of assuming the victim's identity to commit fraud. The offense requires a cross-border dimension; since the incident occurred domestically, Sec. 4(b)(3) does not apply. The conduct constitutes computer-related identity theft under Sec. 4(b)(3) because Kai used stolen credentials to access and transfer funds from the coworker’s online wallet.

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