ICT Ministry Defends Computer Crime Act Amendment

[webfact]

ICT Ministry Defends Computer Crime Act Amendment
BY JACOB MASLOW

BANGKOK: -- Minister of Information and Communications Technology, Uttama Savanayana, discussed a draft amendment to the Computer Crime Act on Monday. Mr. Uttama is adamant that the draft does not violate user privacy amid backlash from rights activists.

Activists allege that the ministry is trying to gain access to the encrypted data of users.

“The ICT Ministry cannot block or remove online content without a court order,” stated Mr. Uttama. He elaborated on the steps needed for removing illegal content in the country in accordance to Section 20 of the amendment. The complaint will need to be first reviewed by a filtering committee that must assess if the content is illegal.

Upon agreement from the committee that the content is illegal, it will be passed on to the ICT minister for review.

The content can then be blocked or removed if the court provides a court order. The ICT may issue the order for data to be blocked or removed within a specific timeframe.

Full story: https://ethailand.com/business-news/ict-ministry-defends-computer-crime-act-amendment/2812/

-- eThailand 2016-06-08

[NongKhaiKid]

Content cannot be blocked or removed without a court order, want to bet ?

In any case a Thai court would be unlikely to refuse to grant an order, especially a military one.

[robblok]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

[NongKhaiKid]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

Like defamation and lese majesty for example just too useful to be revoked, repealed and amended.

[jaltsc]

' “The ICT Ministry cannot block or remove online content without a court order,' stated Mr. Uttama."

Who's going to stop them? You, Mr Uttama? I'm sure if you try it, then the only blocked content that you will be concerned with is that pertaining to where they are hiding you.

[Valentine]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

I doubt your 2nd sentence will come true but I certainly agree with the court order idea as right now sites are being blocked at someone else's whim.

[chainarong]

It is not a case of whether you can access content or not, what you are doing is controlling what people may or may not hear or view , it is hardly unlikely that a court in Thailand will refuse any application, not under the present political climate , governments of any persuasion interfering with any communications that people may enjoy, regardless of what the government deems enjoyable, should in a Democracy, voted out of office , with Thailand that can only mean two options, for expats leave the place , for locals the challenge is up to U.............................................

[robblok]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

Like defamation and lese majesty for example just too useful to be revoked, repealed and amended.

Indeed.. just like defamation a great too. I wil bet this law will never be revoked once its in place. It will be used by whoever is in power. I have no illusions about Thai governments anymore.

[chainarong]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

I doubt your 2nd sentence will come true but I certainly agree with the court order idea as right now sites are being blocked at someone else's whim.

Censor department introduced d in Thaksin's time.

[kmj]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

I doubt your 2nd sentence will come true but I certainly agree with the court order idea as right now sites are being blocked at someone else's whim.

Censor department introduced d in Thaksin's time.

Do you honestly believe that a censor department would not have been created under the present regime if not for Thaksin?

[taony]

They can only block certain pages in Thailand by forcing the ISP to do it. Facebook is not going to take anything down.

[Caveat Emptor]

I for one don't believe all the guff about court orders, just a con to make people think there's checks and balances in place and if there is it's just a paper exercise.

Anyway, as long as we have the pleasure of this PM's company there'a always Art 44.

[Srikcir]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

The complaint will need to be first reviewed by a filtering committee that must assess if the content is illegal.

Usually a court order must be justified by cause such as a presumption by law authorities that the content is illegal. It would seem the government would either have to use threats, deception, phishing or hacking to obtain the content in order to have a filtering committee review for consideration of submittal to the court. Then the committee can make its assessment for submittal to the court.

What the committee would possess is commonly called tainted evidence. If you must break the law to enforce the law, isn't legal intent violated?

[baboon]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

All the more reason why the amendment should not proceed, that being the case.

[robblok]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

The complaint will need to be first reviewed by a filtering committee that must assess if the content is illegal.

Usually a court order must be justified by cause such as a presumption by law authorities that the content is illegal. It would seem the government would either have to use threats, deception, phishing or hacking to obtain the content in order to have a filtering committee review for consideration of submittal to the court. Then the committee can make its assessment for submittal to the court.

What the committee would possess is commonly called tainted evidence. If you must break the law to enforce the law, isn't legal intent violated?

I have no idea about the legalities and I rather not see them snoop in all my internet data and so on and so on. But i really doubt that whatever government is next won't change it but rather use it against their opponents. I am against invasions of internet privacy but am not sure how a government would have to get access otherwise to catch criminals.

[Winniedapu]

If it takes a court order I am all ok with it. Different story if no court order is needed.

Right now the courts might be unlikely to refuse an order but in a year they military will be gone and it will be abused by politicians.

Wanna bet that whoever is in power next won't turn this back but will use it as a tool against its enemies.

Delusional.

W

[GinBoy2]

We are all well within our rights to to be paranoid about ANY Thai 'administration' Red, Yellow or Green.....

I'm still haunted by the "Call to Report' campaign by Abhisits 'regimes' call to the populous to report Lese Majeste & Computer Crime!

[Redline]

Who controls the court? Who's family is on the committee? You don't understand Thai culture!

[mtls2005]

Any military officer from sub-Lt. up can petition a military court for an order.

Then individuals can be arrested, compelled to cough up log-in credentials, or the ISP/content provider can be forced to hand over any/all information.

There is no oversight whatsoever, nor should there be as the Elites/Junta know what's best.

I'm sure the computer crimes laws will be used sparingly, and will not be used against any one group as a political tool.

[Winniedapu]

They can only block certain pages in Thailand by forcing the ISP to do it. Facebook is not going to take anything down.

You have to be joking. Zuckerberg would chew off your choice of his own fingers if that would keep the Thai market. One of the highest pro-rata rates of Fateboo users in the world.

W

[johng]

They can only block certain pages in Thailand by forcing the ISP to do it. Facebook is not going to take anything down.

Facebook are already blocking certain pages in Thailand, Youtube and Google are too.

Recently 8 Thai facebook users where arrested for insulting the "prime minister" they claim not to have given authorities their facebook login details

police said they have ways to read the content !