Thailand gets tough with cyber crime
A range of new cyber laws to curb computer crime were unveiled in Thailand today. The 2007 Computer-related Crimes Act gives Thailand’s police the authority to seize computers from private premises if they deem that a person is breaking one of the new laws. On face value this looks like a good idea.
From The Nation today:
Article 8: Those who conduct whatever acts electronically to intercept data being transferred between others' computers, when such data is not for public use, are subject to three years jail and/or a Bt60,000 fine.
Article 9: Those who unlawfully damage, destroy, delete, alter, or modify, wholly or partly, information on other's computers: subject to three years jail and/or a Bt100,000 fine.
One new law that had me frowning is this one:
Article 11: Those who send data or electronic mails to others without revealing their identity, or by posing as someone else, in an act that disrupts the others' normal computer use: subject to a Bt100,000 fine.
What is an act that “disrupts the other’s normal computer use”? I assume this is in response to the British man Alexander Winstone, 36 , who attempted to blackmail Tesco executives in the UK, sending email from Bangkok threatening to poison food unless he was paid two million pounds.
What is concerning is that Thailand's government inspectors appear to have been given the authority to snoop on whomever they please.
Article 18: Inspectors are required to minimally access information on targeted computers and, if unable, are required to produce solid evidence to owner of private premises to support their suspicion over illegal activities and then seize the computers, without court warrants. Entry will be only during daytime and only after showing their ID cards.
How are these “targeted” computers going to be selected? The laws are so vague that government inspectors have a lot of slack for what they can get away with here. This law could easily be abused. How will inspectors gain access to information before they seize a computer? Will they simply spy on everyone until something sinister comes up like, oh, a chain mail with pictures of a topless girl. Or how about if I email my friend and tell him that I think these new laws suck?
It is now illegal to circulate pornographic material and libelous content through email and Thailand's ISPs are now required to keep records of individual users for 90 days. What are those records actually of and who is going to use them?
Anti-hacking laws are a good idea if they can be effectively implemented and are not abused, but restricting what can be sent in a private emails is extreme.
Are those worded so poorly in Thai? I think this further accentuates the totalitarianism that is engulfing Thai politics as opposed to really tackling internet crime. Conceivably those laws could be used by citizens to fine the government 60,000B, but of course- some are more equal than others. How can you have 'democracy' returning when there are so many new laws (not just these here) to prohibit it?! What a load of testicles.
The law relies on linking ip addresses to individual computers. It assumes each computer has a unique and permanent ip address. What happens where many computers share one ip address such as in an apartment building with a wireless network? Or with ADSL where most providers do not allocate fixed IP addresses?
It is a computer-crimes law drafted by people lacking even a basic knowledge of the internet- the Thai Ministry for Information and Communications Technology!
Lesson two: how to unblock a website……
I think this is good news it is time that Thailand puts out to catch all the criminals operating their illegal boiler room type scams in Thailand!
I was recently maliciously hacked on many of my internet accounts, my fault since I had the same password for everything. Thanks to a helpful website I was able to find out the exact time of the crime, plus the IP Address from which the hacking was done. I went and reported the hacking to the Pattaya Police who then contacted 3BB to find the actual address of the hacker. They were ignored. I then went to 3BB in Pattaya, who told me that the police must contact the Ministry of Information and Communication in Bangkok, who would then permit 3BB to release the required information. They did this and were ignored. Now I shall collect the documentation from the Pattaya Police and go to the Ministry in person to see if I can get satisfaction, but it seems incredible that everyone seems to be protecting the criminal here. If there is anyone out there who can advise me on this matter, or recommend a good lawyer I would be most grateful, as I intend to pursue this to the end. Terry McBroom at siamterry@gmail.com
Typical Thailand ! What is the point of having any computer crime laws at all ? After being maliciously hacked in several internet sites I finally, from the internet provider, obtained the identity of the hacker, 100% proven, but will the police do anything about it ? Strangely enough, no ! If the police refuse to act on the committing of computer crimes what can one do ?