Thai Police Get Tough Net Laws

[johnnymoretti]

My wife translated to me some new laws regarding internet/computer usage by anyone residing in Thailand. If I understood her correctly, the Thai Govt (notably the IT Police) can knock on your door and demand that you disclose to them your computer contents. And they are also requiring you to enable a 90-history of your internet website visits. Anyone possessing files or images that do not satisfy their judgement as 'decent' (I assume they are cracking down on porn, etc) they can confiscate your computer, arrest you and put you in jail. The fine for simply forwarding an email with pornographic images can carry a 20,000-200,000 baht fine and 2-10 years imprisonment. This all sounds like laws from a place we used to know next to China.

I'm concerned that Thailand is being lead in a direction that is very un-democratic and free. (as possible, anyway)

She also told me that when it comes time to vote in the upcoming election, that if she does not travel back to her hometown of Ubon and let them know she will NOT vote there, she could be fined and imprisoned. We live in Khao Lak now and it would be senseless to travel to Ubon to simply fill out the form that she's moved and needs to have her voting records moved. She has a house in BKK and that is the official residence, but who's to say she will be able to travel back to Ubon before December (the proposed date for elections, since the interim govt said they would keep the date set before).

Any news about this from anyone??? Shed some light on these things.

Some other new laws that took effect this week in Phang Nga province:

Burmese migrant workers must:

-NOT congregate in groups of five or more (even out in front of their homes)

-NOT use mobile phones for any reason

-Abide by new curfew from 8PM-6AM, not even for emergencies or risk arrest

-NOT operate a motorbike or automobile or it will be confiscated, even if owned by the employer

Wow. I'm amazed. Don't they know who rebuilt the area after the tsunami and put the baht back into the wallets of the Thais?? And this is the way they reward them.

[vermin on arrival]

Sounds pretty repugnant, but sadly, it is not very surprising at all.

[cdnvic]

This topic has already been running for several days in the technology section of the forum.

[vermin on arrival]

Yes, but his comments about the new law concerning the Burmese in Phang Nga aren't discussed in that thread. Maybe this post should have its title changed.

[GreenShone]

Hear, hear. This is a little scary.

Is the computer search law for real?

[johnnymoretti]

Here is the story we found:

FACT - Freedom Against Censorship Thailand

กลุ่มเสรีภาพต่อต้านการเซ็นเซอร์แห่งประเทศไทย

Media activists concerned over new Thai cyber law–Metimes

July 19th, 2007

Media activists concerned over new Thai cyber law

July 18, 2007

BANGKOK – Thai police will be able to seize computers from homes and businesses under a new cyber-crime law that came into force Wednesday, which authorities say will help crack down on Internet pornography.

The Computer-related Crimes Act allows authorities to seize computers if they suspect that they will be used illegally, but media rights activists say that the law will allow the government to invade people’s privacy.

People found guilty of breaking the new law could face up to 20 years in prison if their actions are seen as a threat to national security.

“This is to prevent computers being used for sending pornographic material or slanderous messages,” information and communications technology ministry spokesman Vissanu Meeyoo said.

But Supinya Klangnarong of the watchdog Freedom Against Censorship Thailand said that the new law allowed the authorities to trawl through private files on people’s computers.

“The new law is a threat and violates people’s privacy,” Supinya said. “It’s not preventive as they said, it is a controlling measure.”

Media rights campaigners have warned of increasing censorship since a military coup last year. About 45,000 Web sites are blocked by the government, and media rights groups say that the number is rising.

Most are pornographic, but the government also targets sites critical of the king or supportive of ousted premier Thaksin Shinawatra.

In the highest-profile case, the government blocked video-sharing Web site YouTube in April after clips began appearing showing digitally-altered images of King Bhumibol Adulyadej. The Web site remains inaccessible in Thailand.

New York-based Human Rights Watch said in May that Thailand was stifling free political debate in the kingdom by shutting down political Web sites and moving to silence online critics.

http://www.metimes.com/storyview.php?Story...18-051927-4034r

คณะกรรมการรณรงค์เพื่อการปฏิรูปสื่อ (คปส)

409 ซอย รัชดา 14 ห้วยขวาง กรุงเทพ 10320

โทรศัพท์ และ โทรสาร 02-6910574

www.media4democracy.com

Campaign for Popular Media Reform (CPMR)

409 Soi Ratchada 14, Huay kwang, Bangkok 10320 Thailand

Tel& Fax +662-6910574

ประชาธิปไตย สู่เสรีสื่อ เสรีประชาชน

Democracy for FreeMedia FreePeople

[johnnymoretti]

Here is another follow-up by the group to attemt a repeal of the law:

FACT - Freedom Against Censorship Thailand

กลุ่มเสรีภาพต่อต้านการเซ็นเซอร์แห่งประเทศไทย

Repeal the cybercrime law!

July 20th, 2007

Computer crimes act effective July 19, 2007.

Open letter from Campaign for Popular Media Reform (CPMR) and Freedom Against Censorship Thailand (FACT) to Thai citizens

We agree with the need for rules to protect the public from computer crimes. However, this law must not be used as a tool to control our Thai right to free communications.

Our observations are:

1). The new law gives far too broad powers to government officers to investigate computer data information both through the courts and direct power of by government officers as well as Internet Service Providers - ISPs must save all data for 90 days so that government officers check for violations by computer users in Thailand. These investigations will be carried out in secret. We liken this to our houses being searched without court order with no notification. These searches can take place back 90 days.

The law is in effect now, but no mention has been made about the qualifications of the officers, called “competent authorities” in the act and who appoints them and assigns them to investigate.

2). There were initially six issues for computer laws to control computer crime and communication rights in Thailand , but it appears that this government intended to pass only a law which affects Thai’s communication rights. The government has done nothing to protect personal privacy and information.

We’re afraid that the government will use this new law to eliminate our basic human right to privacy and freedom of expression. Government is using this law to conceal a hidden political agenda rather than protecting us from crime. The Thai public must be aware of these effects and exercise their rights as citizens.

This act doesn’t come from an elected legislature. We ask cyber-dissidents to join together to protect our rights before anyone is charged under this law.

Cyber-crime and the rights of all people to free communication are two different things. Political websites are not pornographic websites, but the government has made it sound that political discussion and dissent are obscene in Thailand. Thai people no longer have the right to look, read, think, talk and express our opinions in public.

RESIST THE CYBERCRIME LAW! CPMR and FACT call for an immediate repeal and review of the Computer-Related Crimes Act.

[DerringDo]

Unsolicited email would fall into the misuse category if someone complained about it Richard. Even something as innocuous as applying for a job as it interrupts a users day.

Cheers.

[lopburi3]

She also told me that when it comes time to vote in the upcoming election, that if she does not travel back to her hometown of Ubon and let them know she will NOT vote there, she could be fined and imprisoned. We live in Khao Lak now and it would be senseless to travel to Ubon to simply fill out the form that she's moved and needs to have her voting records moved. She has a house in BKK and that is the official residence, but who's to say she will be able to travel back to Ubon before December (the proposed date for elections, since the interim govt said they would keep the date set before).

Unless there has been a new, not announced change, the election law does not fine or imprison anyone. If you fail to vote you can not hold office or sign petitions to remove people from office.

[backflip]

"anytime, for any reason"

That's not true. You partially succeeded trying to make this as sensationalistic as possible. Perhaps you should have posted this as "search your computer, sleep with your wife, and kill your dog...at anytime for any reason..."

[jayjayjayjay]

My g/f loves to cruise porn sites, they hold no interest for me.. So what happens when the ciber Nops land on my doorstep. Do they take the viewer (gf) into custody, the name of the owner on the computer (a company I bought the computer from is still listed in memory), the owner of the house (76 yr old ex Chiangmai politicians wife and the sweatest old driving miss daisy type you will ever meet), the rentor/lessee on the house (me), my 12 yr old daughter sitting at the computer looking at www.disneychannel.com at the time, or maybe my dog barking his ass off at guys invading my privacy!!!!!!!!!!!!!!!!!!!! good point your making here Johnny, seeing the spelling of your name, I think I'll buy another bottle of Johnnie Walker before alcohols made illigal.... don't laugh.. you know how much a reality this is..

I never thought, really never thought I will say this....... ohh it is so hard, but, I am really really missing the old days in Thailand..

[ajarnmark]

Wasn't Thailand better off before?

[GreenShone]

That's another step away from democracy.

[Jai Dee]

Duplicate topics merged.

[Phil Conners]

truecrypt.org

[luckyluke]

[thai4u]

I want to understand the law.

Is surfing to porn website is a crime now in thailand?

OR if you have porn/nud_e files on your pc is a crime?

??? I really didnt understand whats their point.

[joskydive]

Thai police get tough Net laws

BANGKOK: -- Taking effect today, a new law allows police officers or government inspectors to seize computers on private premises suspected of containing pornographic material or evidence in connection with either general criminal activities or cyber crimes.

It seems from this that the porn/nud_e films on your PC is the crime.

[Potato]

This should be a good one for the "Thai Government as Big Brother" theorists to have fun with! Lets watch!

1000 reading this topic? Really? Don't you all have anything better to do? lol

Reading this page,i notice there are 2 members & 17 GUESTS(?) .

Are we being looked at RIGHT NOW ?

[Potato]

This should be a good one for the "Thai Government as Big Brother" theorists to have fun with! Lets watch!

1000 reading this topic? Really? Don't you all have anything better to do? lol

Reading this page,i notice there are 2 members & 17 GUESTS(?) .

Are we being looked at RIGHT NOW ?

PS:my avatar is a true depiction of me

[thai4u]

so?.......explain me the law pls;... I really didnt understand.

[Potato]

so?.......explain me the law pls;... I really didnt understand.

Damned if you do, damned if you don't !!

[moskito]

I want to understand the law.

Is surfing to porn website is a crime now in thailand?

OR if you have porn/nud_e files on your pc is a crime?

??? I really didnt understand whats their point.

it is not NOW a crime it was EVER !!

That lovely country called Thailand starts to scare me off. Show me a single PC user without a single nud_e pic on the harddisk, its impossible, so they have a reason to seize all PCs in the country....

A Country wich Export articles no 1 are ladys and Sex should take care for that business FIRST.

Educate your ppl better and do not export them to bring money in your pockets.....or do they need the seized computers to educate ppl

the first articles regarding PC crime are ok...its a serious crime to hack in other PCs a normal user which got a firewall know for sure how many trys their are every single evening from some pc kiddis in the country

[Mid]

Repeal the cybercrime law!

FACT/CMPR

20 July 2007

News

Open letter from Campaign for Popular Media Reform (CPMR) and Freedom Against Censorship Thailand (FACT) to Thai citizens

We agree with the need for rules to protect the public from computer crimes. However, this law must not be used as a tool to control our Thai right to free communications.

snip

prachatai.com

Edited July 21, 2007 by Mid

[0zz1]

correct me if Im wrong, but It has always been illegal to have porn pic on your computer as well as having any pornographic material sucs as magazines, tapes or videos... so this new law just gives police a better tools to catch all those criminals who have nud_e pics in their hard drive...

But I do agree with many on this forum that this is most of all a great new income to the cops how do not make enough to support their wife and mianoi... or to get one! But look at the bright side... soon there will be a loads of second hand computers on sale and that will make the prices come down a lot! So If u thinkin about buyin computer just wait for a moment and start asking from the local police station, they might just make a best deal for you! Also u can most likely custom order one.

Just say that u did see a computer u would like to have cross the road at internet cafe, and offer them 10k Baht if they can find one like that before friday. Then just come friday with some extra cash and u might get 3 for a price of 2!

[mitrapaap]

Most countries have laws allowing the police to seize computers as evidence when they are suspected to have been used to commit a crime.

Oh really ? Without a warrant ?

If the traduction of Nation is right (you know what I mean...) :

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.

What is a "solid evidence" ? A porn picture ?

And what if the "owner" do not agree with the solidity of the evidence ?

And, if you use an avatar on a forum, or chat, you can be fined 100 000 THB ?

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.

Why so excited? Are you using your computer to commit crimes? No? Then relax and let them find those who do use computers to commit crimes.

Of course they must be able to seize the computer without warrant. Or do you want to come and check ones computer, find somthing susicious on it, go back to get a warrant and in the meantime the whole computer or at least all the data on it disappears.... Use your brain, they don't target the kids with their wargames and they won't search your home to find some porn pictures (they are sold legally in book stores), and they don't care about whether you use Paul or Roger as your name in the chatroom. But if you indentify yourself on the internet as the bank who needs to check someones credit card number or pin code something like that, then that is a criminal act. It all happened (not in Thailand), but maybe you don't know. So go back to your chatroom and enjoy whatever content on your computer.

[000]

Why so excited? Are you using your computer to commit crimes? No? Then relax and let them find those who do use computers to commit crimes.

Of course they must be able to seize the computer without warrant. Or do you want to come and check ones computer, find somthing susicious on it, go back to get a warrant and in the meantime the whole computer or at least all the data on it disappears.... Use your brain, they don't target the kids with their wargames and they won't search your home to find some porn pictures (they are sold legally in book stores), and they don't care about whether you use Paul or Roger as your name in the chatroom. But if you indentify yourself on the internet as the bank who needs to check someones credit card number or pin code something like that, then that is a criminal act. It all happened (not in Thailand), but maybe you don't know. So go back to your chatroom and enjoy whatever content on your computer.

A policeman can enter your home without a warrant just by knocking on your door in the daytime, and you don't find that to be a problem? I have an idea, let's suppose our good and honest Pattaya Police decide to check the computers of everyone in the Nirun Condos just as they did a complete sweep for Immigration violators last month. They can go door to door throughout all the condos checking for pornography. How very convenient for them to not have to obtain a warrant.

Why what is this, a clean computer but the farang was a bit snooty so let me pop in my USB stick and tranfer some kiddie porn to his computer so I can threaten him with arrest if he doesn't pay us 100,000 baht.

Like that never happens ....

Disgusting.

000

Edited July 21, 2007 by Guest

[walterego]

So basically they can send you a email with an atachment pic labelled "image of 'new thai visa logo' your feedback wated?" ofr something else innocent enough.

when u open it its porn, then they come and raid you making you pay a 'go away' bribe. If you are known to pay of bribes easily then expect some emails. i can just see the PC police ev

ry month bulk mailing all his good

 payers with a porno email.

It does ask some questions for me though that some one might be able to answer.

-What does define Pornography under Thai law? is only images that are possibly deemed offesive?or would private secret pics of you and yoru wife be porn as well?

-At what point are you responsible for the content of yoru hard drives? as u know  the sectors must be written over before they are properly deleted. If i was to buy a 2nd hand hard drive and it was formatted in the store, but prior to my purchase and prior to the format it contained porn, if that porn would be easily discovered in a police investigation, would i be liable? (i know it is a lot of 'ifs' but it will happen to someone sometime, and simmilar things are bound to be an excuse used by culprits as well , like "oh i didnt know that hidden partition full of porn was on there, i dont know much about computers" etc

[timekeeper]

in terms of censorship and whats considered pornographic, many of you will not have noticed that the international versions of mens magazines like FHM, Maxim, Loaded etc are no longer available for sale in Thailand. some 3 months ago i asked a Bookazine manager why they were not on offer anymore, he said that they have been banned in Thailand as ''they show nipples''. now to those of you who do not know these magazines they are not Penthouse, Razzle or Hustler by another name, in my view they are more like Cosmopolitan with saucy pictures, the articles are entertaining and informative, however in some of their features on the opposite sex, there are pictures of naked ladies showing their breasts and nipples. this is now considered by the military government to be too racy to be allowed to be sold publicly. the Thai version of FHM is still on offer (sans nipples of course). all this when in the 5 square kilometres of Pattaya there are reputed to be around 30,000 active prostitutes (still an illegal activity in Thailand) and you can walk into most bars and see at the very least, said uncovered breasts displaying the disputed nipples. is it me?

[timekeeper]

does this only apply to private properties? or does the law apply to businesses too? if not then whats to stop you hanging your shingle at the front door of the Thai company that owns your own house (if that situation applies to you) and calling it a the companies head office? if you pay taxes on the company as you should annualy, it cannot be challenged as a working company and the head office can be wherever it states on the company documents. would the authorties need a warrant then?