PM Abhisit Stalls Computer Crime Act

[webfact]

PM stalls computer crime act

By Asina Pornwasin

The Nation

ICT Ministry draft, criticised by many public groups, to be reviewed further

Prime Minister Abhisit Vejjajiva yesterday put on hold a controversial draft of the new Computer Crime Act amid widespread concerns that the planned legislation could affect the right of communication of millions of Thai Internet users.

The prime minister said the draft would be further reviewed and would not be submitted to the Cabinet today.

The government's acting spokes-man Panitan Wattanayagorn said the draft was not on the Cabinet's agenda today. He said the Information and Communications Technology Ministry still needed to seek opinions from relevant state agencies about the draft.

The ICT Ministry-sponsored draft has drawn criticism from many people, including such groups as the Thai Citizen Network, iLaw, and the Network of Human Rights Law. They are concerned that it could infringe on rights and liberties, especially those of Internet and social-network users.

One of the concerns is about the setting up of a new commission under the proposed new act. Comprising representatives from security-related organisations, its major role would be to prevent and suppress computer crime. This commission would be overseen by officers of the ICT Ministry and the Electronic Transaction Agency (Public Organisation). Some scholars are concerned that the commission would become a "one-stop absolute power" in enforcing the new law.

The Thai Citizen Network, iLaw, and the Network of Human Rights Law yesterday submitted a letter to the prime minister opposing the draft.

They said the draft contained very broad and ambiguous definitions on what practices could be considered computer crime.

For example, Article 16 of the draft says that anyone who inappropriately copies content from the computer of another person, which consequently results in damage to the other person, faces either imprisonment for not more than three years or a fine not exceeding Bt50,000, or both. The groups argued that the term "copy" in this draft is ambiguous.

Another ambiguous use in the draft is about the person who administers the system. The draft does not specify whether it means the system administrator, or any person who authorises another to access the Internet for communication.

ICT Minister Chuti Krairiksh claimed yesterday that the draft opposed by the Thai Citizen Network, iLaw, and the Network of Human Right Law is not the one that is to be submitted to the Cabinet.

He said the current draft is the version that has gone through the process of public hearings and has already been revised by the ministry's committee assigned to draft the law. He said the version being opposed by the three groups was the one that had been written before the public hearings.

Chuti added that the law was unlikely to be passed by the current government.

Sarinee Achavanunkul, committee member of Thai Citizen Network, questioned the claim about public hearings. She said she had learned that the ministry only called in a group of Internet service providers on March 28 to comment on the draft.

There are between 16 million to 17 million Internet users in the country. Currently the 2007 Computer Crime Act is still in effect.

Sarinee said the current act has a problem with enforcement but it is not necessary to have a new law to solve this inadequacy.

She said the solution lay in the ministry increasing the knowledge of relevant state officials, especially technical knowledge in handling cyber-crime.

-- The Nation 2011-04-20

[BuckarooBanzai]

He said the current draft is the version that has gone through the process of public hearings and has already been revised by the ministry's committee assigned to draft the law. He said the version being opposed by the three groups was the one that had been written before the public hearings.

Sarinee Achavanunkul, committee member of Thai Citizen Network, questioned the claim about public hearings. She said she had learned that the ministry only called in a group of Internet service providers on March 28 to comment on the draft.

How about a little bit of investigative reporting by the Nation. Public hearings should be an easy one. Put a little work into the article instead of reporting on second hand arguments. This law certainly deserves a little bit of public oversight if that is at all posible.

[bitterbatter]

Next step, Digital ID's. That's what Obama is pushing in the USA.

We have to stand up to our rights for anonymity in cyberspace before the internet becomes one big spy tool for corrupt fascist politicians.

Edited April 20, 2011 by bitterbatter

[Just1Voice]

George Orwell's "1984" comes to mind

[pisico]

George Orwell's "1984" comes to mind

... and North Korea, Cuba and China...

[arrowsdawdle]

After the Twitter revolutions that began in Egypt and spread through the Middle East, it is understandable that control of Internet activity would be a priority. However, with only 3.7% of Thailand's population subscribing to ISP providers, this is more a preventative strategy than a corrective one. There may be computer crimes going on in Thailand but any such activity has hardly produced significant headlines. When a cyber criminal is choosing targets, a country with 3.7% of the population subscribing to ISPs would hardly be a prime target. In contrast to the low percentage of ISP subscribers, 95% of Thai households have television and 65% have radios. TV is the propaganda medium of choice and it remains in the country's best interests to keep it that way; country's being defined as status quo stakeholders. (Data source)

[arrowsdawdle]

Next step, Digital ID's. That's what Obama is pushing in the USA.

We have to stand up to our rights for anonymity in cyberspace before the internet becomes one big spy tool for corrupt fascist politicians.

Before the Internet becomes one big spy tool???

Never mind before. Google Facebook CIA connection and step into the past.

[jakhoeblal]

Looks like they have a solution, for which there was no problem...

This trend is seen by many governments, not only TH but also US and EU.

[dunkin2012]

I skimmed through... the article...

It ain't clear .... the translation make it worse..........i'd say it's too broad..............................

They said the draft contained very broad and ambiguous definitions on what practices could be considered computer crime.

For example, Article 16 of the draft says that anyone who inappropriately copies content from the computer of another person, which consequently results in damage to the other person, faces either imprisonment for not more than three years or a fine not exceeding Bt50,000, or both. The groups 1.argued that the term "copy" in this draft is ambiguous.

Another ambiguous use in the draft is about the person who administers the system. The draft does not specify whether it means 2.the system administrator, or any person who authorises another to access the Internet for communication.

[dunkin2012]

Next step, Digital ID's. That's what Obama is pushing in the USA.

We have to stand up to our rights for anonymity in cyberspace before the internet becomes one big spy tool for corrupt fascist politicians.

Before the Internet becomes one big spy tool???

Never mind before. Google Facebook CIA connection and step into the past.

when the implementation of IPv6 has kicked off, every single dude will have a unique IPaddress even my washing machine at home. Will answer the Identity issue....

To stop 'em from copyin' ? I don't know????????????

[zzaa09]

George Orwell's "1984" comes to mind

Terry Gilliam's Brazil comes to a better mind.

[huma79]

Next step, Digital ID's. That's what Obama is pushing in the USA.

Source, please?

[virtualtraveller]

While the nature of this bill is essentially well meaning, to protect IP rights in a country notorious for copying, and to bring things up to speed regarding data theft (in a wikileaks era) it's typically poorly worded on the assumption the government would push it through and therefore given authorities even more power to willy nilly go after foe. As it stands, we have a country where the present computer usage act is completely ignored, police and authorities routinely pressure ISPs to block sites unlawfully, without going through correct channels or reviews, and the ISPs meekly comply. As a result we have tens of thousands of pages block ostensibly because they are pornographic or lese majeste, but in fact are neither, merely 'culturally inappropriate' or critical of certain politics. Usual story in Thailand.

[tragickingdom]

The army is de facto staging a new coup on this very moment using the ambiguous text in computer crime laws and lese majesty las to put away as much opposition as possible. But because generals are plain dumb and socially very unintelligent, they are serving the opposition well. The demonstrations of last year will be dwarfed by that of next year. Nepalese situations could loom. If only history was taught in Thailand and not rewritten to suit the powerful a lot of hardship could have been avoided.

[alexth]

Next step, Digital ID's. That's what Obama is pushing in the USA.

We have to stand up to our rights for anonymity in cyberspace before the internet becomes one big spy tool for corrupt fascist politicians.

Isn't it a little bit late for that already?

[bitterbatter]

Next step, Digital ID's. That's what Obama is pushing in the USA.

Source, please?

http://news.cnet.com/8301-31921_3-20054342-281.html

[Rainmon]

.... still blocking JustinTV plus many other sites, I can understand why they block youtube a few years ago, but that ban was finally lifted...

Edited April 20, 2011 by Rainmon

[Teddy3943]

On his newyears speech Abhisit offered 12 presents to the Thai citizens. On of these presents was that in 6 months crime would be reduced by 20 percent.

If the new law will be effective and we presume that a quarter of the Thai population uses a computer, than he INcreases the number of criminals with 15 million cases...

[DP25]

.... still blocking JustinTV plus many other sites, I can understand why they block youtube a few years ago, but that ban was finally lifted...

JustinTV isn't blocked anymore, but you have to use th.justin.tv . It has all the same content minus a handful of channels that break the law. They're now just removing individual offenders rather than the entire website like they did before.