Thailand passes internet security law decried as 'cyber martial law'

By Patpicha Tanakasempipat

 

A man is silhouetted onto an electronic screen displaying prohibited website in Bangkok, Thailand, in this June 19, 2017 illustration photo. REUTERS/Athit Perawongmetha/Illustration/Files

 

BANGKOK (Reuters) - Thailand's military-appointed parliament on Thursday passed a controversial cybersecurity law that gives sweeping powers to state cyber agencies, despite concerns from businesses and activists over judicial oversight and potential abuse of power.

 

The Cybersecurity Act, approved unanimously, is the latest in a wave of new laws in Asian countries that assert government control over the internet.

 

Civil liberties advocates, internet companies and business groups have protested the legislation, saying it would sacrifice privacy and the rule of law, and warning compliance burdens could drive foreign businesses out ofThailand.

 

The military government has pushed for several laws it said would support the country's digital economy, including an amendment to the Computer Crime Act in 2017, which has been used to crack down on dissent.

 

Internet freedom activists have called the legislation a "cyber martial law," as it encompasses all procedures from everyday encounters of slow internet connections to nationwide attacks on critical infrastructure.

 

If a cybersecurity situation reached a critical level, the legislation allows the military-led National Security Council to override all procedures with its own law.

 

"Despite some wording improvements, the contentious issues are all still there," Arthit Suriyawongkul, an advocate with the Thai Netizen Network, told Reuters.

 

The law allows the National Cybersecurity Committee (NCSC) to summon individuals for questioning and enter private property without court orders in case of actual or anticipated "serious cyber threats."

 

An additional Cybersecurity Regulating Committee will have sweeping powers to access computer data and networks, make copies of information, and seize computers or any devices.

 

Court warrants are not required for those actions in "emergency cases," and criminal penalties will be imposed for those who do not comply with orders.

 

Thailand's military government already censors the internet and often casts criticism as a threat to national security.

 

"SWEEPING POWERS"

The Asia Internet Coalition (AIC), a Singapore-based industry group which represents U.S. giants Google and Facebook, and nine other major technology companies, said it was "deeply disappointed" the law was passed.

 

"This would give the regime sweeping powers to monitor online traffic in the name of an emergency or as a preventive measure, potentially compromising private and corporate data," said Jeff Paine, the group's managing director, in a statement.

 

Legislators also unanimously passed the Personal Data Protection Act, intended to imitate the European Union's General Data Protection Regulation (GDPR).

 

The legislation does not require international firms to store data locally, but businesses have raised concerns about its territorial applicability.

 

The data protection law, effective after a one-year transition period, will apply not only to companies located inThailand, but also overseas companies which collect, use, or disclose personal data of subjects in Thailand, specifically for advertisements and "behavior monitoring."

 

"It is unrealistic for any one regime to aspire to centralize the delivery of privacy protections for the entire world in just one regulator," Paine said in a separate letter to the government.

 

Supporters of the laws hailed them as long overdue.

 

"The two laws are crucial to help Thailand keep up with neighbours and the world," said Saowanee Suwannacheep, a chairman of the ad-hoc parliamentary committee that worked on the legislation.

 

(Reporting by Patpicha Tanakasempipat; Editing by Darren Schuettler and Andrew Cawthorne)

 

-- © Copyright Reuters 2019-03-01

Fears over cyber law misplaced: drafters

By Asina Pornwasin 
The Nation

 

File Photo // EPA-EFE PHOTO

 

Two- pronged legislation ‘will protect personal data from business misuse’
 

THE NATIONAL Legislative Assembly yesterday passed the controversial cybersecurity law amid widespread concern that it gives too much power to officials to violate people’s privacy for the sake of national security, though proponents say it will protect online content.

 

The new cybersecurity legislation mainly focuses on national infrastructure, not online content as feared by some critics, according to the bill’s drafters.

 

Prinya Hom-anek, of the National Legislative Assembly’s cyber committee, and Paiboon Amornpinyokeat, an adviser, said the legislation is aimed at protecting banking and ATM technology, electricity, waterworks, telecommunication, internet, airport and other public transport and infrastructure.

 

The new law will not usually affect the general public except those involved in threatening the security of these critical public infrastructures, they insisted.

 

Prinya and Paiboon said critics had disseminated “misinformation” about the legislation by highlighting the potentially negative consequences on people’s rights and privacy.

 

In most cases, authorities would be required to seek a court approval to search, spy on or hack computers and networks if they believe critical national infrastructure is at risk of cyberattack.

 

However, in the event of national emergencies, authorities are empowered to do their work without prior court warrants. National emergencies are clearly defined in the law and include sabotage, they said.

 

The cybersecurity legislation was passed by the National Legislative Assembly by 133 votes, with 16 members abstaining. NLA members spent more than two hours debating the details. The bill’s final version was vetted by an NLA committee chaired by Sawanee Suwannacheep.

 

The NLA also approved the Personal Data Protection Bill, which will affect consumers and businesses among others.

 

Under the latter legislation, all data processors must get explicit consent from owners of all consumer data before they can use their names, photos and other individual data for commercial and other purposes.

 

For example, online businesses and social media platforms in possession of consumer data will have to comply with the new law.

 

The legislation also protects data owners. For example, if a bank customer’s personal data is leaked and used by, for example, an insurance company to sell their financial products, the bank could be sued by the owner of that personal data.

 

Businesses will have one year to prepare for compliance with the legislation, while the national data protection committee will have to issue regulations to cover specific issues.

 

In the final version of this bill, the mass media, courts and police are exempted from the data protection law, and so do not need prior consent from data owners to use their personal data.

 

Overall, the legislation will upgrade the country’s legal framework for international businesses in compliance with the EU’s GDPR, which supporters say will boost foreign business and investor confidence.

 

Airlines and hotel chains operating in Thailand have many EU customers whose personal data are protected by the EU law, making it is necessary for the country to enact the legislation.

 

Source: http://www.nationmultimedia.com/detail/national/30365005

 

-- © Copyright The Nation 2019-03-01

What is new? All totalitarian societies do this. What has changed?

 I love Thailand, I wish the rulers of this country would do the same.

The law allows the National Cybersecurity Committee (NCSC) to summon individuals for questioning and enter private property without court orders in case of actual or anticipated "serious cyber threats."

THE JUNTA GETS TO DECIDE WHAT IS AND WHAT IS NOT A SERIOUS THREAT. That law means the end of any sort of free speech on the internet. You could be arrested for merely posting anything!

One step forward, two massive steps backward. Let's hope this gets reversed someday soon.

1 hour ago, webfact said:

Court warrants are not required for those actions in "emergency cases,"

Yet they seem to be necessary for people ho commit murder.

I would have thought that getting a murderer off the streets, who can kill again at any time, a bigger priority than someone committing cyber crime. 

As the pace of innovations and technology increase over the next 10 years the cyber security will have to deal with internet by orbiting providers, this system will allow censured peoples being free to view such content as youtube and give freedom to some of the media apps that are barred. The information that these restricted peoples get to view will only bring the world too being a much smaller space, and for those peoples to  see, that most of the world has practically the same desires, Employment, Education, Food, peace, Freedom of choice.

This cyber law has a Chinese influence and should be repealed once the new government is in power but it would seem this won't happen until sometime in 2023 -24. 

2 hours ago, webfact said:

"This would give the regime sweeping powers to monitor online traffic in the name of an emergency or as a preventive measure, potentially compromising private and corporate data," said Jeff Paine, the group's managing director, in a statement.

when you live under a military government, a mictatorship, this is what you get

1 hour ago, Thaiwrath said:

Yet they seem to be necessary for people ho commit murder.

I would have thought that getting a murderer off the streets, who can kill again at any time, a bigger priority than someone committing cyber crime. 

are you  criticising the govt...................where's the cyber hotline i  need  to make a call.................coming soon, all good citizens should have this  number

Only thing the new elected government under PM Thanathorn can do is to declare any laws invented and passed by this illegitimate government as illegal and scrap them all. Wipe out all legislation. passed by a government that came to power by illegal means.

 

 

 

 

Sent from my iPhone using Thaivisa Connect

 

3 hours ago, Prissana Pescud said:

What is new? All totalitarian societies do this. What has changed?

 I love Thailand, I wish the rulers of this country would do the same.

More money is the goal, power is the method.  

It's only going to get worse after the junta run 'free and fair election' which will see military rule continue for decades or until there is a popular uprising.????

5 minutes ago, dinsdale said:

It's only going to get worse after the junta run 'free and fair election' which will see military rule continue for decades or until there is a popular uprising.????

I think we will know more in a couple months.

My VPN says I am in california

The truth probably lies somewhere between the first Rueter's article and the second Nation article.  Somewhere between "the sky is falling" and "you've nothing to worry about." 

3 hours ago, Thaiwrath said:

I would have thought that getting a murderer off the streets, who can kill again at any time, a bigger priority than someone committing cyber crime. 

A murderer killing a citizen is not a threat to the junta, therefore not a priority. 

Someone voicing his opinion on social media, now that's a national security issue.

Watch the money you are required to keep in your bank account dissolve before eyes as they monitor and collect your online banking details and passwords before stealing it allegedly legally by stating you are a cyber criminal without the need of courts or proof.

I think the law will be irrelevant for stopping actual cyber threats. Most serious threats are likely to come from outside the country. Any serious threats from inside the country are likely to be more sophisticated than what the Thai government is likely to handle. They'd more likely need assistance from the US or China for that... And they likely grant them access regularly.

That said, this will surely aid them in getting a few high profile dissidents. Unfortunate for those on the opposing team in politics. Should the ruling party change... Those who imposed this law will be the first to decry it.

5 hours ago, webfact said:

Court warrants are not required for those actions in "emergency cases," and criminal penalties will be imposed for those who do not comply with orders.

This is similar to Trump's declaring a national emergency with absolutely NO evidence. While the intent is admirable, if it isn't applied by honorable people, then nothing good will come from it. Anyone here know any honorable military?

Each passing day causes me to wonder about retiring to Thailand.

4 hours ago, FarangDoingHisThing69 said:

One step forward, two massive steps backward. Let's hope this gets reversed someday soon.

Step forward? I must have missed that. 

coups coming......

btw, when is the election again?

5 minutes ago, tjinks said:

Each passing day causes me to wonder about retiring to Thailand.

If you’re not already here, I’d advise against it. Go somewhere where you’re appreciated and don’t have to live the rest of your life wondering if you’re going to survive the next 90 day check-in or extension. You’re worth more than that.

51 minutes ago, bender92 said:

My VPN says I am in california

That's illegal as well!

how does this law affect regular people? can I still watch porn or will I be locked up?

North Korea is looking good for a new place to stay !! ????

Phase 2 - 

https://www.peoplewhiz.com/pa/?tg_ref=tabpwpremron3&camp_id=locate_anyone_by_entering_their_name_&keyword=ashleytank&csg_ref=ob_loc&pag_ref=pw_tab&sub2=thaivisacom

6 hours ago, webfact said:

 

"The two laws are crucial to help Thailand keep up with neighbours and the world,"

keeping up with China mostly, Thailand best friend

 

4 hours ago, leeneeds said:

This cyber law has a Chinese influence and should be repealed

you are correct, copy cat law from China

I have actually much reduced my participation in Thailand forums since the last coup, and I certainly do not criticise anything that might come back to bite me.  So I will not say anything worth saying here either.  

 

I just want a peaceful existence in rural Thailand while I live out my "golden years".  Current policy: Thailand's politics is none of my business.