DILEMMA | Reasons why US will not help PH vs China in fight over Ayungin

Marines on Ayungin Shoal. AFP FILE PHOTO 

China is not currently facing an Ayungin dilemma. It's not equally worried about a rogue state rep.
Why, the baddest bad-ass rogue state today is the United States, the state that routinely kills and murders alleged combatants and non-combatants in Pakistan and other countries in the arc of crisis from Central Asia to the Middle East.
Russia is considered by some as another rogue state for what it has done in the Crimea. In this sense, China is in good company -- the movers and shakers of the world today.
US not signatory to UNCLOS
In my opinion, it is the US (and the Philippines), which face an Ayungin dilemma. The US is not a signatory to UNCLOS (United Nations Convention on the Law of the Sea) and thus does not recognize such concepts and principles as archipelagic state and exclusive economic zone upon which the Philippine claim is based. So, how can you "support an ally" for a cause based on principles you yourself do not accept?
In that sense, the US does not consider waters off the 12-nautical mile zone as territorial waters of the Philippines but as international waters where navigation (including war ships) can pass undisturbed during times of peace.
This is consistent with its national interests since the South China Sea connects its forces in the Indian Ocean (and beyond, i.e., the Middle East and the Mediterranean) with forces in Okinawa and northeast Asia (South Korea and the Japanese homeland).
Of course, it will oppose Chinese attempts to have them as their own sovereign waters.
In the same vein, the Americans will not be very enthusiastic in having the Philippines, Vietnam, Taiwan, etc. slice the SCS into smaller domestic waters that could impede navigation of US warships as well as interdict the flow of oil to Japan.
If our claims are not upheld by the ITLOS (we are not sure when the verdict comes out and we're not sure if the verdict will be in our favor), then they are international waters and the Mutual Defense Treaty, in my opinion, cannot be invoked to draw in US military response to China's actions.
US Senate needs to declare war before helping PH
I am reminded of the warnings raised by then Senator Claro M. Recto in the late 50s and 60s that there is no guarantee that the US will help us militarily even if the Philippine homeland came under attack because it is the US Senate which needs to declare war on the belligerent party.
It is true that the US president has gained a lot of war-making powers since the Vietnam war. The question remains: will the US president go to war with China on account of disputes over contested (emphasis on contested) waters and territory? Is it to the US national interest to do so? 
If we consider the historical record, the US has never clearly supported our territorial claims outside of the Treaty of Paris parameters. It was silent on our Sabah claim for the obvious reason that it did not wish to invite quarrels with Britain and Malaysia during the height of the Cold War. I have outlined the reasons above why it is also silent on SCS/WPS claims.
Ayungin not covered by Mutual Defense Treaty
At this writing, our claims are not yet upheld by ITLOS (International Tribunal on the Law of the Sea). Technically, Ayungin Shoal, is not covered by the Mutual Defense Treaty. Until that happens, Ayungin is not undisputably Philippine territory and thus the US is not duty bound under the MDT to help us.
My more important point is, if ITLOS declares Ayungin to be Philippine territory, is it in the US interest to first support the Philippine claim given that it is not a UNCLOS signatory?
Next, if China forces the issue and moves aggressively against Ayungin, what will the US do? What China has to do is to really clamp down and blockade the shipwreck and starve our marines to submission. Will the US respond with red fire? Will it "persuade" Chinese coast guard vessels to stand down? With what? With war ships or with similar coast guard assets? But would the US have coast guard vessels in the area?
In short, China has the option of appearing to act in a non-military manner (through the use of civilian Coast Guard vessels and ever fishing ships) to blockade Ayungin and achieve its strategic objectives in those parts.
The US apparently does not have that option. The Philippines does not seem to have the option because it does not have the numbers.
Did US help PH in Mischief Reef in 1995?
I end this note by asking some questions. How did the US behave when the Chinese occupied Mischief Reef in 1995 onwards? How did it behave when the Chinese established de facto control of Scarborough Shoal as late as 2012?
The answers to these questions are obvious. The questions are not rhetorical ones. Pushing our claims is a sovereign duty. However, to do so premised on a big brother's support is foolhardiness. This is even more true because big brother does not have a good record as an international citizen. From the Law of the Sea to the International Criminal Court law to the Climate Change conventions, the US is definitely a rogue state out of sync with the rest of the law-abiding world.
The American pot cannot accuse the Chinese frying pan of being black! And the Filipino acolyte cannot sing the refrain.

Source: http://www.interaksyon.com/article/87556/dilemma--reasons-why-us-will-not-help-ph-vs-china-in-fight-over-ayungin


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Google plans 'time machine' feature

Google is making changes to its Street View in Google Maps

Internet giant Google has updated its Street View feature so users can now travel back through time and see how places have changed since the mapping service launched in 2007.

From today, users will be able to click on a new clock icon in the corner of the screen when using Street View, which enables anyone to explore roads and areas almost anywhere in the world.

Clicking this new icon will then allow users to move a scrollbar, changing the year and even season of the area or building they are currently looking at to see how it has changed over time.

In a post on the official Google blog, Google Street View product manager Vinay Shet said: "If you've ever dreamt of being a time traveller like Doc Brown, now's your chance.

"Starting today, you can travel to the past to see how a place has changed over the years by exploring Street View imagery in Google Maps for desktop. We've gathered historical imagery from past Street View collections dating back to 2007 to create this digital time capsule of the world."

Google Street View is one of the company's most impressive achievements, having been mapped out by cars and mounted cameras driven across most of the world, but this is the first time Google has made more than one version of the resulting images available to the public.

"Now with Street View, you can see a landmark's growth from the ground up, like the Freedom Tower in New York city or the 2014 World Cup stadium in Fortaleza, Brazil," said Mr Shet.

"This new feature can also serve as a digital timeline of recent history, like the reconstruction after the devastating 2011 earthquake and tsunami in Onagawa, Japan.

You can even experience different seasons and see what it would be like to cruise Italian roadways in both summer and winter."

Street View has primarily been used as a way of visualising directions to help users find and identify locations they are looking for, but the service has become increasingly popular among "armchair explorers", who have used Street View to discover far away parts of the world without ever leaving home.

As a result, Google has been adding tourism and beauty hotspots to the service for some time.

This new "time machine" feature will aim to get more people using the service. Earlier this month, the technology firm added maps of the UK's rivers and canals for the first time. 

Google recently announced that it was to begin using a new algorithm that can read the house numbers in images on the service, and then correlate these with real addresses in order to improve the accuracy of addresses supplied in Google searches.

Source: http://www.socialnewstrends.ml/2014/05/google-plans-time-machine-feature.html

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Facebook took down the Anonymous PHL. page.

After the operation of Anonymous Philippines against China bullying, Facebook has taken down the official page of Anonymous Philippines and got the page administrators’ account locked. But we aren’t sure if that’s the reason because Facebook has also taken down other fake accounts and required them to prove their identity by sending the copy of their ID. Maybe they’re doing some house keeping because it’s in their terms to not use a fake identity.

But they’re quick at creating their new page!

Source: http://www.pinoyhacknews.com/facebook-took-anonymous-philippines-page

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Internet libel in cyber crime law constitutional

MANILA, Philippines - Netizens will now have to be careful with what they post online.
The Supreme Court (SC) yesterday upheld the constitutionality of a key provision in the controversial Republic Act No. 10175 or Cybercrime Prevention Act that criminalizes online libel.
Justices of the high court voted in session to declare constitutional Section 4 (c) (4) of the law, which penalizes acts of libel as defined in Article 355 of the Revised Penal Code (RPC) committed through a computer system.
The SC ruled that imposition of cyber libel on the “original author of the post” is constitutional, but clarified the same is unconstitutional insofar as it penalizes those who simply receive the post and react to it.
This means only the source of a malicious e-mail, post on social media like Facebook or any website, tweet on Twitter can be held liable under RA 10175.
It was not, however, clarified whether forwarding, commenting, sharing or retweeting the item could be considered a crime under the law. 
SC spokesman Theodore Te said it would be best to wait for the issuance of the decision penned by Associate Justice Roberto Abad for the actual text used by the high court.
Petitioners went as far as asking the SC to void the libel provision in the Revised Penal Code, which the high tribunal did not allow.
“If it (libel under RPC) is not in the ruling, that means its constitutionality remains,” Te told reporters in a press conference.
The high court also declared constitutional the imposition of penalty on those aiding or abetting the commission of cybercrimes under Section 5 of the law.
But the SC declared unconstitutional its application on the crimes of child pornography, unsolicited commercial communications and online libel.
In other words, one who “willfully abets or aids” the author in posting a malicious online item cannot be held criminally liable.
The SC also voided Section 7 of the law, which allows prosecution of online libel and child pornography both under RA 10175 and RPC.
The court said such provision violates the constitutional right against double jeopardy. This means a netizen prosecuted for online libel under the cybercrime law could no longer be charged with a separate case for libel under the Revised Penal Code.
The high court dismissed the constitutional questions raised in the 15 consolidated petitions on 19 other provisions of RA 10175.
Among the key provisions declared constitutional by the SC were the sections penalizing illegal access, data interference, cybersquatting, computer-related identity theft, cybersex, child pornography and allowing search and seizure of computer data.
The SC, however, struck down as unconstitutional three other assailed provisions of the law: Section 4 (c) (3), which penalizes unsolicited commercial communication; Section 12, which authorizes the collection or recording of traffic data in real-time; and Section 19, which authorizes the Department of Justice (DOJ) to restrict or block access to suspected computer data.
The magistrates voted on each of the assailed provisions, but Te said he was not informed as to how the voting per provision went.
RA 10175 was supposed to take effect in October 2012 but its implementation was stopped by the SC through a 120-day temporary restraining order that was extended for an indefinite period in February last year.
With the SC ruling, Te explained the TRO has been automatically lifted. 
“That is functus officio (of no further legal efficacy) since the case is already done. As far as the provisions that were not declared unconstitutional, the presumption of course is that they will now be enforceable because they were not affected by the declaration of the Court,” Te said. – With Christina Mendez, Artemio Dumlao

Source:  http://www.philstar.com/headlines/2014/02/19/1292003/internet-libel-cyber-crime-law-constitutional

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Free Metro Manila WiFi Act of 2014 filed at the Senate

Senate President Pro Tempore Ralph Recto has filed Senate Bill No. 2232 or the “Free Metro Manila WiFi Act of 2014” which will mandate the government to provide free wireless internet access in key locations in the National Capital Region (NCR).

“For the Philippines to further establish itself as an emerging economy, a public broadband internet infrastructure must be in place beginning with NCR. Providing free internet access to public buildings and facilities in the national capital will also ensure that our growing labor force will be updated with employment opportunities.” said Sen. Recto said in the bill’s explanatory note.
“Allowing free wireless internet access in key public places in NCR means providing access to the underserved in our society, including getting low-income people online.”
Areas that will be provided with broadband hotpots in NCR shall include, but not limited to the following:
• All national and local government offices;
• Public health centers and hospitals;
• Publick Elementary and High Schools, and State Colleges and Universities;
• Public Parks;
• Ninoy Aquino International Airport (Terminals I, II, II, and IV);
• Public Libraries;
• Tollways and Expressways (North Luzon Expressway, South Luzon Expressway, Metro Mnila Skyway, and Manila-Cavite Expressway);
• Epifanio de los Santos Avenue (EDSA) and other national roads;
• Public transport terminals;
• Port of Manila; and
• Rail Transit Stations (LRT Line 1, MRT Line 2, MRT Line 3, and PNR Southrail).
According to the bill, the WiFi hotspots will use existing commercial ISPs until such time that a national broadband system has been installed. Funds from the National Telecommunications Commission (NTC) and/or savings under the General Appropriations Act will be used for the project.

Source: http://www.yugatech.com/news/free-metro-manila-wifi-act-of-2014-filed-at-the-senate/ 

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Chinese paper: Vietnam, Japan, Philippines bullying China

MANILA, Philippines - A Chinese newspaper on Friday accused the Philippines, Vietnam and Japan of bullying China and claimed that solving disputes through peaceful consultations could be “wishful thinking.”
An editorial by state-run China Daily said tensions in Asia Pacific have “taken a dangerous turn” as China is being ganged up by “cronies” of an “outside instigator,” whom it did not name.
The paper claimed the words and deeds of Tokyo, Manila, and Hanoi have disproved their claims of a shared commitment to peace and the peaceful resolution of the disputes.
“A tall tree catches the wind, and China's international profile has risen in such a manner that some countries are worried and even fearful of it,” the editorial read.
“And even though the tree craves calm, the wind won't abate. Proceeding from their own instincts, these countries have moved to bully China,” it added.
The editorial came amid criticisms against China’s aggressive efforts to assert its territorial claims in the region, which include areas that the Philippines, Vietnam and Japan regard as part of their territories.
China claims about 90 percent of the potentially oil and gas-rich West Philippine Sea (South China Sea) while the Philippines and Vietnam as well as Brunei, Malaysia and Taiwan have overlapping claims.
It is also claiming the Senkaku Islands in East China Sea, an area that Japan considers as part of its territory.
China is shoring up its presence in areas within Philippine territory including the Ayungin (Second Thomas) Shoal, Panatag (Scarborough) Shoal, Panganiban (Mishief) Reef and Zamora (Subi) Reef.
It is also conducting reclamation in Mabini (Johnson South) Reef despite being a signatory of the Declaration on the Code of Conduct of Parties in the South China Sea.
The declaration bars claimants from performing acts that could complicate the territorial row like building structures in disputed areas.
Tensions between China and Vietnam simmered recently after Chinese ships reportedly rammed and fired water cannons at Vietnamese vessels in disputed waters.
Vietnamese authorities claimed the incident damaged many of its vessels and left six of their sailors wounded.
China Daily also chided Vietnam’s recent efforts to form a partnership Philippines and called for a “comprehensive review” of Beijing’s relationship with Hanoi.
“Vietnam's latest show of solidarity with the Philippines on fault-finding should serve as a wake-up call to Beijing that solving disputes through peaceful consultations may well be one-sided wishful thinking,” the paper said.
“Hanoi's unapologetic attitude after the fatal anti-China riots in Vietnam, as well as its assumption of an openly confrontational approach indicate it wishes to confront China while benefiting from Chinese investments and markets,” it added
Last Thursday, the Philippines and Vietnam scored China’s aggressive behavior in the West Philippine Sea and have bared plans to form a “strategic partnership.”
In a joint press conference held after their meeting in Malacanang, visiting Vietnamese Prime Minister Nguyen Tan Dung and President Aquino expressed “deep concerns” over the “extremely dangerous situation” caused by China’s actions that violate international law.
“I believe continued cooperation between the Philippines and Vietnam will enable us to better protect our maritime resources, as we pursue strategies that will redound to the growth of our respective peoples and of our region,” Aquino said.
The two countries also urged the international community to “strongly condemn” China and demand that Beijing end its violations and fully, strictly observe international law.

Source: http://www.philstar.com/headlines/2014/05/23/1326444/chinese-paper-vietnam-japan-philippines-bullying-china

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Snowden leak bares US spying on Philippines' text messages

US National Security Agency whistleblower Edward Snowden, who has recently sought asylum in Russia as a fugitive from US laws. AP

MANILA, Philippines — The Philippines is among the countries being secretly monitored by a telecommunications spying program of the US National Security Agency (NSA), as revealed by whistleblower and fugitive Edward Snowden.
Online publication The Intercept, a platform releasing Snowden's leaks, alleged in a post on Tuesday (Manila time) that NSA's cutting-edge surveillance program MYSTIC collects "metadata" and content from mobile networks in the Caribbean, Mexico, Kenya, the Philippines and another unnamed country.
"All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people," The Intercept writers Ryan Devereaux, Glenn Greenwald and Laura Poitras said in the report.
What to read next: Binay, Mar ex-targets of US spying
Metadata are information revealing message or call's time stamp, source and destination--information collected by MYSTIC that may be authorized by the host country and even by the telecommunications firms. 
A 2013 budget justification of the US intelligence community cites the need to fund MYSTIC capable of providing "comprehensive metadata access and content against targeted communications in ___, Kenya, Caribbean, Mexico, and the Philippines."

An entry from the US intelligence community's 2013 budget justification pertaining to the MYSTIC program.

The program also offers "near real-time, complete access to the additional target country's GSM networks," according to the document leaked by Snowden.
Another classified document, provided by Snowden, provides a NSA Special Source Operations' description of MYSTIC as a "program for embedded collection systems overtly installed on target networks predominantly for collection and processing of wireless/mobile communications networks."

Snippet from an undated NSA Special Source Operations memo

"The overt purpose is for legitimate commercial services for the telco's themselves. Our covert mission is the provision of SIGINT," it continued, referring to signals intelligence.
There is no indication  whether MYSTIC also intercepts phone calls and voice data in the Philippines, but it does pull text messaging data.
A separate document reveals an alleged "DSD asset in a Philippine provider site" working on an operation collecting GSM, short message service of SMS and call detail records.

Definition of terms related to the MYSTIC program, from the NSA glossary

"It will soon become a source of lucrative intelligence for terrorist activities in southern Philippines," the document, providing an NSA glossary of cryptic terms.
The report said DSD refers to Defense Signals Directorate, "an arm of the Australian intelligence. (The Australian consulate in New York declined to comment)."
The Intercept also suspects that surveillance in the Philippines is part of the US' show of support for the country's campaign against armed Islam extremists in Mindanao.
The Intercept said it asked NSA to comment, but it only said it does not collect foreign intelligence in an arbitrary and unconstrained way as it follows protocols to protect people's privacy.
"Informed about the NSA’s spying, neither the Bahamian prime minister’s office nor the country’s national security minister had any comment. The embassies of Mexico, Kenya, and the Philippines did not respond to phone messages and emails," the report added.
Philippine laws prohibit wire tapping and related violations not authorized by all parties concerned. Republic Act No. 4200 or the Anti Wire-Tapping Law, however, only covers the monitoring and interception of content.
In February, the Supreme Court upheld penalties under the assailed Republic Act 10175 or the Cybercrime Prevention Act for those who aid and abet activities of illegal access, illegal interception, data interference and system interference, among others.

Source: http://www.philstar.com/headlines/2014/05/20/1325354/snowden-leak-bares-us-spying-philippines-text-messages 

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