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Cyber-laws still falling short of needs

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Cyber-laws still falling short of needs

By The Nation

 

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Protective legislation that allows the authorities to decide what is ‘appropriate’ is a backward step

 

Enforcement of Thailand’s newly enacted national cyber-security legislation will pose multiple challenges for the executive branch in balancing national interests against basic public freedoms.

 

There is also a potential risk of political manipulation in the enforcement of the law. This concern stems chiefly from the broad definition it attaches to cyber-security threats, which should in fact be strictly defined as threats to computer networks and to data – and nothing else.

 

Unfortunately, though, the legislation appears to have facilitated a broader definition, covering any online content deemed “inappropriate” or “undesirable” to those responsible for enforcement. Such lax terminology will only beg for stricter definitions of those two terms themselves. What is inappropriate to some people might be entirely acceptable to others.

 

The invitation to confusion and conflict does not bode well for freedom of expression in cyber-space, especially in view of the social media’s immense popularity in this country. The government should recognise this legislative shortcoming as a potential troublemaker and revamp the law with clear, objective definitions to which everyone can adhere.

 

Another area of concern is that the authorities are given significant leeway in enforcing the law when an event is deemed an emergency or a critical threat to the national interest or to infrastructure. The authorities will, in cases deemed urgent, be able to hack into and confiscate computers and computer networks without court warrants.

 

To ensure that executive power is not easily abused in the name of national security or for the benefit of any political entity in power, the threshold for what constitutes an emergency or critical threat must be understandable to all.

 

Accompanying the legislation is a built-in checks-and-balances mechanism in the form of a powerful national cyber-security committee that will screen cases prior to action being taken. This should be assured of diverse and sufficient representation for all key stakeholders in civil society.

 

Were the majority of committee members to be bureaucrats and government appointees, fundamental rights might be harmed, so there ought to be more independent and non-government members empowered to enforce the law.

 

Meanwhile the National Legislative Assembly has enacted the personal data protection bill as part of legal infrastructure to support the fast-growing digital economy and digital society.

 

The legislation is partly modelled on the European Union’s General Data Protection Regulations, which are designed to protect citizens’ right to privacy regarding their personal data and to prevent snooping by data processors. The Thai variant will ensure legal compliance for domestic firms doing business with customers in the 28-nation EU.

 

Massive amounts of personal and consumer data are collected these days by online vendors, e-commerce sites, banks, airlines, hotels and any other digitally enabled business, resulting in a growing incidence of privacy violations and other abuses.

 

Legally, consumers must give explicit consent before businesses and other entities can begin gathering and storing their data online. They also have the right to stop data processors from using the information at any time and are entitled to remedial measures and monetary compensation if violations occur.

 

In this regard, the legislation will serve as a consumer safeguard as the country moves ahead with its plans for a digital economy and digital society.

 

Source: http://www.nationmultimedia.com/detail/opinion/30365014

 

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-- © Copyright The Nation 2019-03-01
  • Popular Post

"...Another area of concern is that the authorities are given significant leeway in enforcing the law when an event is deemed an emergency or a critical threat to the national interest or to infrastructure. The authorities will, in cases deemed urgent, be able to hack into and confiscate computers and computer networks without court warrants..."

 

This is a classic case of Thailand writing and enacting vague laws with outrageous penalties/remedies built in to them, and allowing any official to interpret the laws to suit whatever situation arises. My guess is that this tradition started many decades/centuries ago to account for the lack of rapid communications; local officials were given a very broad mandate and potential huge punishments in order to allow for local autonomy.

 

Thailand needs to upgrade its law drafting and account for modern era norms; the idea of drafting a vague law, allowing for huge penalties, and leaving everything in the hands of a low-ranking, local, official for implementation are over, or at least they should be (wouldn't it be nice if all I.O. followed the same rules?). The kind of 'local interpretation' as has historically been practiced in Thailand is not appropriate anymore; the days of local fiefdoms overseen by State Officials should end.

 

Hey Thailand! It is 2019; perhaps your laws, administrative norms and regulatory structures should reflect that...

 

 

Edited by Samui Bodoh

1 hour ago, webfact said:

Unfortunately, though, the legislation appears to have facilitated a broader definition, covering any online content deemed “inappropriate” or “undesirable”

the state thailand is in; questionably qualified, crony-appointed lawmakers ramrodding legislation through last minute before being shown the door, way too late

  • Popular Post
6 hours ago, Samui Bodoh said:

"...Another area of concern is that the authorities are given significant leeway in enforcing the law when an event is deemed an emergency or a critical threat to the national interest or to infrastructure. The authorities will, in cases deemed urgent, be able to hack into and confiscate computers and computer networks without court warrants..."

 

This is a classic case of Thailand writing and enacting vague laws with outrageous penalties/remedies built in to them, and allowing any official to interpret the laws to suit whatever situation arises. My guess is that this tradition started many decades/centuries ago to account for the lack of rapid communications; local officials were given a very broad mandate and potential huge punishments in order to allow for local autonomy.

 

Thailand needs to upgrade its law drafting and account for modern era norms; the idea of drafting a vague law, allowing for huge penalties, and leaving everything in the hands of a low-ranking, local, official for implementation are over, or at least they should be (wouldn't it be nice if all I.O. followed the same rules?). The kind of 'local interpretation' as has historically been practiced in Thailand is not appropriate anymore; the days of local fiefdoms overseen by State Officials should end.

 

Hey Thailand! It is 2019; perhaps your laws, administrative norms and regulatory structures should reflect that...

 

 

You just had a dream..... ????????

Yes, falling short of Junta's needs, they need a China style great firewall to control the "information" given to the brainwashed 24/7.

  • 1 month later...
On 3/1/2019 at 12:20 PM, DrTuner said:

Yes, falling short of Junta's needs, they need a China style great firewall to control the "information" given to the brainwashed 24/7.

Not to mention giving people scores based on their behavior online.

 

When internet privacy comes to mind in Thailand..

I always think of some Thai official will be using their access to hook up with as many hotties as possible. Or cause a stir...

On 3/1/2019 at 4:20 AM, Samui Bodoh said:

Thailand needs to upgrade its law drafting and account for modern era norms

 

On 3/1/2019 at 4:04 AM, webfact said:

There is also a potential risk of political manipulation in the enforcement of the law.

However the Thais draft the law is entirely irrelevant. 

 

The Thai public generally ignores laws.

 

The Thai authority never upholds laws fairly and consistently. They only use laws to selectively punish people. 

 

Thailand is effectively lawless. 

"...balancing national interests against basic public freedoms". What makes you think they care about basic public freedoms?

On 3/1/2019 at 4:20 AM, Samui Bodoh said:

"...Another area of concern is that the authorities are given significant leeway in enforcing the law when an event is deemed an emergency or a critical threat to the national interest or to infrastructure. The authorities will, in cases deemed urgent, be able to hack into and confiscate computers and computer networks without court warrants..."

 

This is a classic case of Thailand writing and enacting vague laws with outrageous penalties/remedies built in to them, and allowing any official to interpret the laws to suit whatever situation arises. My guess is that this tradition started many decades/centuries ago to account for the lack of rapid communications; local officials were given a very broad mandate and potential huge punishments in order to allow for local autonomy.

 

Thailand needs to upgrade its law drafting and account for modern era norms; the idea of drafting a vague law, allowing for huge penalties, and leaving everything in the hands of a low-ranking, local, official for implementation are over, or at least they should be (wouldn't it be nice if all I.O. followed the same rules?). The kind of 'local interpretation' as has historically been practiced in Thailand is not appropriate anymore; the days of local fiefdoms overseen by State Officials should end.

 

Hey Thailand! It is 2019; perhaps your laws, administrative norms and regulatory structures should reflect that...

 

 

Sadly the situation is  just a further  sign of international invasions  of reasonable rights to privacy.

https://act.openmedia.org/FiveEyesSaveEncryption

Its "a backward step",  by a backward government, supported and instructed to do so by a backward Elite in order to ensure that the other 99% of Thais are forcibly controlled to maintain a backward nation.

Edited by geoffbezoz

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