Cyber Surveillance Vulnerable To Abuse: Thai Opinion

[webfact]

REGIONAL PERSPECTIVE

Cyber surveillance vulnerable to abuse

Kavi Chongkittavorn

Every single day, the government is spending almost Bt1.5 million to block undesirable websites and close down web content.

The several cyber surveillance units know full well their painstaking actions would not help curb or ameliorate any of their concerns. But they are all happy and proud of their works following orders. Better still, the annual budget for their activities which began in earnest in 2001 with a few million baht start-up has now reached an amazing half a billion baht yearly with a special war room at Ministry of Information and Communication Technology. Under the Yingluck government, the snowball effect is getting worse, the cybercrime units will be further boost with extra personnel and budget. After a new panel was set up recently to fight against anti-monarchy on the Internet and headed by mercurial Deputy Prime Minister Chalerm Yubamrung including the procurement of Bt400-million lawful interception (LI) system, now the government has the licence to prey on all forms of voice communications, e-mails, SMS massages and chat rooms. In nutshell, nothing is out of reach for interception orders.

Thanked to the ridiculous ways the Thai bureaucrats think of Internet freedom and ways to control the flow of digital information, especially the anti-monarchy content, these money would obviously be laid waste and worsen still the individual security and privacy would be under threat. In the past, wire-tapping and telephone-tapping, which supposed to be use to track down criminals and other illegal activities, were abused and went after private matters. With the LI system, Chalerm will indeed become the most powerful man in Thailand as he literally will have access to all digital communications in this country. Unless, something are done now with checks and balances system to tightly regulate the use of LI. This system will definitely be abused and misused. In other democratic countries that allow the use of Internet interception, it is being done under strict rules and tight auditing. In the case of Thailand, as Chalerm put it, it will be used to track down the origins of anti-monarchy messages. The interception of Internet is considered unconstitutional without a court warrant.

After the Computer Crime Act came into effect in 2007, Thailand's freedom of expression has suffered greatly. Gone were days when the country was considered one of the region's freest media. Efforts to censor digital data and web sites have increased meteorically since then. Foreign-based media freedom indexes have continued to rank Thailand at the bottom end these days because of many lese majeste cases and heavy online filtering regime. Shut-down websites and pages have reached several hundred thousands, which showed the lack of efficacy. Truth be told, nearly 85 to 90 per cent of these blocked content came from the same sources and websites - they were mirror sites or remailers. A better system of scrutiny and monitoring would drastically reduce the numbers of online blockades. It must be noted that there are web operators aboard with undesirable content who have closed affiliations with quite a few leading personalities of current government.

Sad but true, quite often court officials are readily to grant permissions as required by law without checking seriously the real content of targeted sites. It has led to more workloads and additional shut-down of web pages, making the operation more expensive and impractical as more users are going online. With such a huge number of blocked sites, the country's Internet freedom will be further downgraded which could have reaching repercussion on learning and social progress as well as the growth of information society.

At the moment, due to the Computer Crime Act, many leading government agencies such as Ministry of Defence, Ministry of Information and Communication Technology, Ministry of Culture, Ministry of Interior have set up their cyber police units. They are doing their own things without a common approach or strategy. With mobile technology, social media networking, wireless users have reached more nearly half of the 66-million population. With such huge numbers of online users, the government does not have sufficient bureaucratic arrangements to cope with the growing users. Therefore, ways must be found to enforce good governance, transparency and accountability at both ends users and enforcers. In the case of Internet, the best way must be done through self-regulatory framework. Obviously, whenever this concept is being mentioned in meetings among authorities concerned, there would be rows of laughter from them. Simply put, these people have a fixed mindset as they do not think the Thai online communities, comprising Internet hosts and service providers, software and hardware companies and users would be able to come together and agree among themselves on code of ethics and best practices. Only through them and their conservative methods are the ways to go.

Indeed, Thailand should learn from the good practices of our foreign friends. One of them is Australia's self-regulation on the Internet, which is quite advance and effective ways to provide sanctions against those who are malfeasances. There are many categories of Thai online users, from the naïve to the most sophisticated groups of young and highly educated Net-savvy population. Whenever the latter groups counter problems or perceived misconducts, they either alert each other or take their own action such as delete the undesirable messages. Their social networks are very active and provide much needed information for their netizens - the recent flood was the case in point. Contrary to the official version that these social networks would perpetuate controversial content i.e. anti-royal spins et al to others. Of course, the case of 62-year-old man who received a 20-year sentence for four text messages sent from his mobile phone to a government official was a rare and isolated case.

In the past years, the Thai Journalist Association and its affiliated online related organisations have organised various workshops to increase the capacity and knowledge of computer crime law and responsibility for local users. Indeed, authorities who are dealing with Internet surveillance also need similar training in all areas, especially those related to sociological aspects. Most of them are thinking in terms of technical outcome rather than with a holistic approach that would produce better results. Heavy punitive measures are not the key. Currently, overall capacity of officials who monitor Internet is extremely low, they lack the kind of skills and knowledge to understand the impacts of filtering and other forms of censorship have on overall learning capacity of the Thai people.

-- The Nation 2011-12-19

[rkidlad]

Well, what else are they going to do with the money? Give it to the poor?

[noitom]

The writing quality and English here is appalling. It is simply atrocious, and considering that it is "editorial" content from a major news publication it is just simply preposterous.

[Bakseedaa]

But no worse than Australia....... Big Brother in Aussie-land is outrageous.....

[Morgo]

I wonder if our emails and banking will be secure.

[Morgo]

But no worse than Australia....... Big Brother in Aussie-land is outrageous.....

As an Australian I can't agree to that statement. You would have to be more specific.

The last time I was in Australia, free speech was still a right of all citizens. If you want proof just look at the comments posted on the Sydney Daily Telegraph webb site.

[SOEYCHANLOY]

1 Thing is to fight the cyber criminality ( which is necessarely and it must be done) , even for try to keep a minimal of order and law on the net. But another completely different thing is to use that "cover" for : Use the means (billions and billions of THB ) theoratically allowed for fight cybercriminality, for abuse of the Censorship instrument, indiscriminately, at the own will of those managing the Country.

Then, one can still ask himself : where ends the freedom of speaking and where begins theegitimatel law enforcement, in this Country.

[Jawnie]

Yeah, the writing in this article is pretty bad for one of the main newspapers - terrific example you are setting there, Mr. Editor.  Not.<div><br></div><div>Thais - all Thais, not just politicians - will need to change their mindsets regarding people whose opinions are different than their own. They'll need to learn how to 'get over it' when someone says something they don't like.  For example, like the Deputy PM who threatened to jail a reporter recently for asking perfectly legitimate, but hard, questions about the government.  I can't think of a more obnoxious abuse of power than that.</div><div><br></div><div>Maybe Thailand government wants to be like China.  Maybe it wants to stop every bad thought or arrest/beat up every person who disagrees with it.  Only those who benefit from such outrageous repression would want this.  Obviously those who support it haven't been on the receiving end.</div>

[Thai at Heart]

The funny thing is that this whole law is to protect precisely whom from what?

[happysanook]

can't trust thai law enforcement to properly enforce traffic laws, let alone cyber "crime".

[CPT]

Freedom of speech is necessary if Thailand ever wants to become a real democracy. Unfortunately, most here seem to be rather short sighted and would gladly trade progress towards democracy for often small personal gain.

[theanimaster]

OMG what next -- they put us in jail for using bit torrents to download naughty stuff and 'free software' ??

Well, it was about time~!

[theanimaster]

Thailand is becoming more and more like China... Oh wait... who's in charge of the current government again? Oh that's right. THE CHINESE.

[anterian]

And now they intend giving notebooks to thousands of computer illiterate schoolkids, that should keep the net-police busy.

[SOEYCHANLOY]

Thailand is becoming more and more like China... Oh wait... who's in charge of the current government again? Oh that's right. THE CHINESE.

I agree with you, but China, that you mentioned, don't pretend to be a democratic Country at all ! They are red flagged (communists:somehow) and proud of it...And also don't collaborate with the other major world economy: USA. Also they completely don't give a .... of Human rights watch, and a pletoria of other civilized organisations and basics of all around the world. In a few words, they show you the color directly. And there's no misunderstandings : if you are there, you know very well and clearly where you step.

But here in this Country, what personally turns my blood warm is the "cynicism & hypocrisy" of the whole system. In fact the political life here is very similar as the very specific kind of tourism that uses to be the most welcomed and highly promoted in and outside the Country.......

But letting it be ILLEGAL, for some reason that will remain a mystery for a simple TOURIST. Expats we already know the song, isn't it guys ?

[BigJohnnyBKK]

The writing quality and English here is appalling. It is simply atrocious, and considering that it is "editorial" content from a major news publication it is just simply preposterous.

The Nation is famous for its poor standard of English, apparently they got rid of native English proofreaders years ago. This level is about as good as it gets with Thais that haven't been educated overseas or in one of the few true "international schools" here.

But this takes the cake, I gotta find out more about this, only in Thailand!

> SMS massages

The funny thing is that this whole law is to protect precisely whom from what?

The powers that be from dissent they consider inappropriate of course.

I'd be very interested to know the percentage of the budget going into catching say traffickers in kiddie porn as opposed to people trying to tell unwelcome truths. . .

[Rogermoore]

Thailand is becoming more and more like China... Oh wait... who's in charge of the current government again? Oh that's right. THE CHINESE.

Big Brother you only need the information that we deem is appropriate for you . We can't have people thinking for themselves that could take down any goverment that does not take care of it's people .

All these people need to download how to start a revolution with non violence by Gene Sharp .

[parmo1]

But no worse than Australia....... Big Brother in Aussie-land is outrageous.....

As an Australian I can't agree to that statement. You would have to be more specific.

The last time I was in Australia, free speech was still a right of all citizens. If you want proof just look at the comments posted on the Sydney Daily Telegraph webb site.

You can read all about Australian monitoring of the internet. It banned Wikileaks and 10,000 sites and has a filter not unlike the great firewall of China. It has wanted to ban online casinos,sites that are x rated, about drugs or suicide and many others. The state will ALWAYS try to expand it's powers, in the last 100 years governments have expanded 120 times their size.

http://en.wikipedia....ip_in_Australia

The Oz government seems to filter out sites whenever and wherever it wants, particularly if someone acts against it.

But all governments will use any excuse to pry on people, but Oz government just happens to be the biggest nanny state in the world and thinks spying on it's own population is "looking after them", no doubt. Australia government also takes your car from you if you are caught excessively speeding (nice little earner) and many other nanny state tricks.

But Australian government spies much much more than European governrments, yes

Edited December 19, 2011 by parmo1

[AleG]

...

I'd be very interested to know the percentage of the budget going into catching say traffickers in kiddie porn as opposed to people trying to tell unwelcome truths. . .

Lets see, guy posts something on a website while living in another country, two and a half years in jail. Go to a street market and there are shops openly selling child pornography.

Yep, priorities are alright!

[newermonkey]

You aint seen nothing yet!

Just wait till President Taksin comes home and takes control, there will be no freedom after he sets up his special KGB style system to hunt down everyone he dislikes and gets in his way.

Edited December 19, 2011 by newermonkey

[bangon04]

"Indeed, Thailand should learn from the good practices of our foreign friends."

the writer will probably be locked up for subversion and threats to national security just for that one sentence.......

[Morgo]

But no worse than Australia....... Big Brother in Aussie-land is outrageous.....

As an Australian I can't agree to that statement. You would have to be more specific.

The last time I was in Australia, free speech was still a right of all citizens. If you want proof just look at the comments posted on the Sydney Daily Telegraph webb site.

You can read all about Australian monitoring of the internet. It banned Wikileaks and 10,000 sites and has a filter not unlike the great firewall of China. It has wanted to ban online casinos,sites that are x rated, about drugs or suicide and many others. The state will ALWAYS try to expand it's powers, in the last 100 years governments have expanded 120 times their size.

http://en.wikipedia....ip_in_Australia

The Oz government seems to filter out sites whenever and wherever it wants, particularly if someone acts against it.

But all governments will use any excuse to pry on people, but Oz government just happens to be the biggest nanny state in the world and thinks spying on it's own population is "looking after them", no doubt. Australia government also takes your car from you if you are caught excessively speeding (nice little earner) and many other nanny state tricks.

But Australian government spies much much more than European governrments, yes

I'm still not convinced. The guy who mooned the Queen got away with it, explain that.

[chrisinth]

I wonder if our emails and banking will be secure.

Your emails are never secure, unless you use encryption, proper third party software if you are paranoid enough. Very easy for your ISP to read, or worse, make available to interested parties if that is their want.

[unanimosity]

1 Thing is to fight the cyber criminality ( which is necessarely and it must be done) , even for try to keep a minimal of order and law on the net. But another completely different thing is to use that "cover" for : Use the means (billions and billions of THB ) theoratically allowed for fight cybercriminality, for abuse of the Censorship instrument, indiscriminately, at the own will of those managing the Country.

Then, one can still ask himself : where ends the freedom of speaking and where begins theegitimatel law enforcement, in this Country.

All you have to do is look at the television media. The same news clips from the same cameras appear on all of the stations. There is no competition between them. This is a definite sign of controlled media and limited free speech. Thai PBS has an English news broadcast and interviews the same lady several times a month about elective cosmetic surgery withing the framework of a news broadcast and tries to justify it as news, nevermind that the cosmetic surgery lady is also the sponsor of the news broadcasts!

[chrisinth]

1 Thing is to fight the cyber criminality ( which is necessarely and it must be done) , even for try to keep a minimal of order and law on the net. But another completely different thing is to use that "cover" for : Use the means (billions and billions of THB ) theoratically allowed for fight cybercriminality, for abuse of the Censorship instrument, indiscriminately, at the own will of those managing the Country.

Then, one can still ask himself : where ends the freedom of speaking and where begins theegitimatel law enforcement, in this Country.

Along the lines of the term "Terrorism". Just look at what is affected in the name of anti-terrorism. Cyber criminality will eventually work along the same lines, giving governments more and more control as to how we live our lives.

BTW, I am not anti-government, just stating what is happening!

[ingvar]

So let me see here, to sit in a internet cafe near patpong and watch porno online is illegal.

And then you go out the door, take a left turn into the nearest gogo bar, pick up 5 hookers (illegal in Thailand) and take them to your hotel room for an all night sex orgy. hmmmm???

[Crushdepth]

This is just one big excuse to invade the privacy of pretty much everyone. The opportunities for abuse are endless. Imagine how you could abuse this to spy on your political opponents and dissidents, or to plant evidence.

Giving any government this kind of power is a bad idea.

[Heimdallr]

You aint seen nothing yet!

Just wait till President Taksin comes home and takes control, there will be no freedom after he sets up his special KGB style system to hunt down everyone he dislikes and gets in his way.

Which is exactly why we are now eagerly waiting for the Thai people to revolt this madness. There are plenty that don't support the government and this abusive surveillance is just another example for those people to boil over. Too bad we aren't Thai and can't do much.

[scotbeve]

1 Thing is to fight the cyber criminality ( which is necessarely and it must be done) , even for try to keep a minimal of order and law on the net. But another completely different thing is to use that "cover" for : Use the means (billions and billions of THB ) theoratically allowed for fight cybercriminality, for abuse of the Censorship instrument, indiscriminately, at the own will of those managing the Country.

Then, one can still ask himself : where ends the freedom of speaking and where begins theegitimatel law enforcement, in this Country.

Some of us understand what you mean..... But you have to ask yourself as a Thai.... "When, in the history of this good country, has there been ANY minimal law and order (most laws have been corrupted)????" Also, there has REALLY never been any freedom of speech.

[queanbeyan]

I suppose if this law is intended to protect the monarchy from any criticism then it will work but I don't see the point. Almost all Thais that I know love the monarchy with a passion - so the question may be - protect from whom?

I never understood the lese majeste laws anyway - Thais don't like to take advice or opinions from 'foreigners' so why would they care if an Aussie or an American didn't like the present set up? so if 99.9% of Thais love the current establishment and Thais don't give a toss about the foreign view - what's this all about then? Simply censorship for the sake of it? Keeping some officials who are on inactive posts busy? TIT.