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Thai computer crime law interpreted broadly


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Posted

Computer crime law interpreted broadly
Wasamon Audjarint
The Nation

BANGKOK: -- THE 2007 Act on Computer Crime was, as the date says, enacted eight years ago under the previous junta government. Countersigned by the then-prime minister General Surayud Chulanont, the Act has been notably used by authorities to enforce laws on lese majeste, libel and defamation.

One of the most frequently mentioned articles of the Act, Article 14, reads:

If any person commits any offence of the following acts [they] shall be subject to imprisonment for not more than five years or a fine of not more than Bt100,000 - or both:

(1) that involves import to a computer system of forged computer data, either in whole or in part, or false computer data, in a manner that is likely to cause damage to a third party or the public;

(2) that involves import to a computer system of false computer data in a manner that is likely to damage the country's security or cause a public panic;

(3) that involves import to a computer system of any computer data related with an offence against the Kingdom's security under the Criminal Code;

(4) that involves import to a computer system of any computer data of a pornographic nature that is publicly accessible;

(5) that involves the dissemination or forwarding of computer data already known to qualify under (1) (2) (3) or (4).

However, the Act has also long associated - in Article 14's frequent enforcement in combination with defamation laws and redundant prosecutions - with increased punishment of defendants and an inability for parties involved to compromise.

According to Sarinee Achavanuntakul, an independent academic on cyber freedom, one of the Act's drafters told her the Act was essentially designed to counter cyber crimes such as 'phishing' and 'pharming'.

In the most recent case, factory worker Thanakorn Siripaiboon was charged on Dec 8 with committing offences under the Computer Crime Act's Article 14, and the Criminal Code's Article 112 on lese majeste and Article 116 on sedition. His alleged crimes on Facebook include copying and reposting an infographic intended to expose the alleged scandal in the construction of Rajabhakti Park.

Source: http://www.nationmultimedia.com/politics/Computer-crime-law-interpreted-broadly-30275799.html

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-- The Nation 2015-12-28

Posted

Right after this 'law' was 'passed', I was asked by my employer to design a solution to log all online activity of employees of companies, in order to for them to have the information at hand necessary for investigations into possible violations of this 'law'. The sales reps of this company in Thailand (all Thais) were eager to sell the solution to enterprises in Thailand.

I flat-out refused, telling my manager that it was obvious this 'law' was deliberately designed for broad interpretation in order to provide fodder for political prosecutions of those who sought to exercise free speech. Luckily, the company I worked for was a big Western, publicly-traded company, and therefore sensitive to charges that they were supporting suppression of free speech (yes, I know no Asian country has free speech, in the Western sense). After some back-and-forth, it was decided I was in the right, and that it would make the company look bad to sell such solutions, and the project was dropped.

I'm sad to've been vindicated.

Posted

Shutdown Thailand's internet and communication networks,... Problem solved, aftereeefects: mass epidemics among netizen kids guaranteed


Posted

You can almost smell the fear emanating from high places, not just here but across the planet.

Unlike their brainwashed parents, today's youngsters - be they in Bangkok, Bangalore or Birmingham - turn to social media and alternative websites rather than the corporate-owned, government-dominated mass media to learn the truth about what is really going on in the world.

They are smart and tech savvy and they have learned to think outside the box, which is why they are so feared by regimes who have historically relied on lying propaganda and the ignorance of ill-educated electorates to cling to power.

They are our only hope for replacing the existing global political system - which is widening the gap between rich and poor, exhausting vital resources and wrecking the environment - with something more worthy of the world's most intelligent species.

More power to their young elbows.

Posted

You can almost smell the fear emanating from high places, not just here but across the planet.

Unlike their brainwashed parents, today's youngsters - be they in Bangkok, Bangalore or Birmingham - turn to social media and alternative websites rather than the corporate-owned, government-dominated mass media to learn the truth about what is really going on in the world.

They are smart and tech savvy and they have learned to think outside the box, which is why they are so feared by regimes who have historically relied on lying propaganda and the ignorance of ill-educated electorates to cling to power.

They are our only hope for replacing the existing global political system - which is widening the gap between rich and poor, exhausting vital resources and wrecking the environment - with something more worthy of the world's most intelligent species.

More power to their young elbows.

Seriously? Get a CLue!

Posted

there is a huge amount of evidence on line that shows certain businessmen and governtment elmployees committing this crime. simply stealing from the kings people constitutes as les majesty I will be more than happy to find it from my sources if any of you are accused of such for exposing the individuals stealing form My Kings subjects. Honor for the King. !! Lets start putting scum in jail.

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