Proxies, VPN And Other Information

[Tywais]

The question pops up often and confusion or misinformation supplied regarding the above and hope to spell out the issues here. I will break it down into 3 or 4 parts. The item in bold in the below list will be the focus in terms of legal use in Thailand and Thaivisa policy.

First, what is a proxy server?

A proxy server is a server (a computer system or an application program) that acts as an intermediary for requests from clients seeking resources from other servers. A client connects to the proxy server, requesting some service, such as a file, connection, web page, or other resource, available from a different server. The proxy server evaluates the request according to its filtering rules. In other words, it connects two computers together indirectly.

Types of proxy servers.

* 1 Caching proxy server - normally supplied by the ISP to save visited pages for reuse to reduce traffic and speed up commonly visited sites or repeat visits and probably the most common one members will encounter. An improperly configured caching proxy server (ISP) though can create its own problems as some members have discovered.

* 2 Web proxy

* 3 Content-filtering web proxy

* 4 Anonymizing proxy server (aka anonymous proxy)

* 5 Hostile proxy

* 6 Intercepting proxy server

* 7 Transparent and non-transparent proxy server

* 8 Forced proxy

* 9 Suffix proxy

* 10 Open proxy server

* 11 Reverse proxy server

* 12 Tunneling proxy server

* 13 Content filter

Details of what the function of each type is can be found here > Proxy Servers

[Tywais]

2nd, legal issues of using proxies.

Of the previous mentioned proxies, many/most are used on a daily basis often without the users knowledge and are routine to the operation of the Internet and perfectly valid and legal.

The one that there may be issues with are the anonymous proxies. Under the Computer-Related Crime Act the following are prohibited.

# illegally accessing a computer system and its data;

# disclosing to third parties knowledge and measures to circumvent access protection of a computer system and data;

# illegally intercepting electronic communications and data;

# illegally causing damage, changes or amendments of a third party’s computer data in whole or in part;

# illegally causing the work of a computer system to be suspended, delayed or disrupted; and

# illegally sending computer data or electronic mail disguising the source of such data in a manner that disturbs other persons’ operation of their computer systems.

All of the above acts, which are best known to computer-users by the terms 'hacking, spam and virus attacks' are subject to a fine or imprisonment or both. In the event that the aforesaid acts cause damage or delay to a computer system or illegally send computer data in a manner disturbing the operation of another computer and cause damage to the public, to national security or public security or public services then the penalty under the CCA is quite severe. A person committing any such offence could face imprisonment of up to fifteen years.

Some specifics of the law:

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.

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.

A quote: The Information and Communications Technology (ICT) Minister has said in an interview in the Bangkok Post that he has not blocked these methods because "using proxies to access illegal sites are illegal, whereas using proxies to access legal sites is legal."

In other words, the use of anonymous proxies in itself is not illegal but how it is used such as to circumvent government blocks, to access Internet porn, gambling and other prohibited or illegal sites. This also relates to Thaivisa's rules on the subject.

[Tywais]

3rd item is VPN:

What is a VPN?

(Virtual Private Network) A private network that is configured within a public network (a carrier's network or the Internet) in order to take advantage of the economies of scale and management facilities of large networks. VPNs are widely used by enterprises to create wide area networks (WANs) that span large geographic areas, to provide site-to-site connections to branch offices and to allow mobile users to dial up their company LANs.

Legality of VPN in Thailand. The computer crime act does not prohibit it but under certain sections it is indirectly covered and that is if it is used to bypass government blocks or for illegal activity it is illegal in that the activity is illegal but the technology is not.

There are many companies, especially International ones, that have to use it for corporate business as part of a WAN. There are also some big players that offer these services in Thailand. Here are some specifics:

First, my post on this subject from previous thread here

Thailand IP VPN Service market

Pacnet Thailand VPN services

Jastel

And more similar companies.

If a topic is asking how to use VPN to get around MICT or getting the best porn without being caught or downloading TV shows, then the topic is in violation of forum rules and the law and will be closed. However if one is asking what the best VPN software or service then that is a valid question.