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Thai Police Get Tough Net Laws

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Thai police get tough Net laws

BANGKOK: -- Taking effect today, a new law allows police officers or government inspectors to seize computers on private premises suspected of containing pornographic material or evidence in connection with either general criminal activities or cyber crimes.

The 2007 Computer-related Crimes Act also prevents unauthorised applications and access made to other people's computers, as well as alteration, deletion or destruction of the information of others.

Impostors using others' identities to send slanderous messages, or those who flood information on discussion forums are also subject to criminal penalties under the law, proposed and drafted by the National Electronics and Computer Technology Centre (Nectec) and enforced by the Information and Communications Technology Ministry.

Web snare

Key conditions in the Computer-related Crimes Act

Concerning violators

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.

Concerning government inspectors

Article 18: Inspectors are required to minimally access information on targeted computers and, if unable, are required to produce solid evidence to owner of private premises to support their suspicion over illegal activities and then seize the computers, without court warrants. Entry will be only during daytime and only after showing their ID cards.

Article 22: Inspectors must keep all information confidential except when they take action against state officials with such information in hand, or when court approval is available.

The Act also subjects those circulating pornographic material or libellous content through e-mails to heavy fines.

The Act originated from anti-hacking efforts a few years ago when Nectec began its fight against the practice and later studied online intrusions. But other online crimes have also been included in the law.

The Act also requires Internet service providers (ISPs) to keep log files of bandwidth consumption and Internet traffic and records of individual users for 90 days.

Nectec director Pansak Siriruchatapong said the Act, in theory, would provide benefits to the country as a whole. However, he expressed concern about the capability of officials, who are required to have knowledge of computers.

Nectec's legal specialist Surangkana Wayapard said the new Act was expected to set a standard and to give confidence to e-commerce businesses, national security forces, and e-business transactions. It will also encourage electronic transactions, security on the Internet, and electronic commerce in Thailand while discouraging anti-authoritarian people from carrying out illegal activities on the network.

Pawoot Pongvitayapanu, vice president of the Thai E-Commerce Association, said the Act had both pros and cons. The disadvantages would immediately subject the business sector to financial burdens with the mandatory storage of log files, new servers and storage units, especially firms with a huge amount of information, Net traffic and transactions.

On the positive side, the Act signified the government's official and serious involvement, and legitimate role, in tackling online crimes with newer technology.

--The Nation 2007-07-18

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Taking effect today, a new law allows police officers or government inspectors to seize computers on private premises suspected of containing pornographic material or evidence in connection with either general criminal activities or cyber crimes.

The Nation Article

Yes we are loosing time by speaking about THB and USD... And meanwhile, a totally insane law is becoming effective...

And... well... few reactions.

It's enough to read a few articles of this "law" (what a very dirty word) to understand that Thailand is entering the rabbit-hole in the Wonderland...

Edited by cclub75

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Most countries have laws allowing the police to seize computers as evidence when they are suspected to have been used to commit a crime.

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Most countries have laws allowing the police to seize computers as evidence when they are suspected to have been used to commit a crime.

Oh really ? Without a warrant ?

If the traduction of Nation is right (you know what I mean...) :

Article 18: Inspectors are required to minimally access information on targeted computers and, if unable, are required to produce solid evidence to owner of private premises to support their suspicion over illegal activities and then seize the computers, without court warrants. Entry will be only during daytime and only after showing their ID cards.

What is a "solid evidence" ? A porn picture ?

And what if the "owner" do not agree with the solidity of the evidence ?

And, if you use an avatar on a forum, or chat, you can be fined 100 000 THB ?

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.

Edited by george

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Most countries have laws allowing the police to seize computers as evidence when they are suspected to have been used to commit a crime.

Oh really ? Without a warrant ?

If the traduction of Nation is right (you know what I mean...) :

Article 18: Inspectors are required to minimally access information on targeted computers and, if unable, are required to produce solid evidence to owner of private premises to support their suspicion over illegal activities and then seize the computers, without court warrants. Entry will be only during daytime and only after showing their ID cards.

What is a "solid evidence" ? A porn picture ?

And what if the "owner" do not agree with the solidity of the evidence ?

What is being explained is probable cause. Again, police can act without warrants in many other countries based on probable cause. Though I'm not a lawyer, when evidence is obtained in this fashion the courts must determine if indeed probable cause existed before the evidence is admitted in court.

Edited by george

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I belief that most computers which will be seized are breaking some sort of law, illegal software, outside Thailand proxy server setting and …..etc.

If an officer seize your computer it is unlikely that you get it back, and there is even a change of deportation. The Thai government will love to point the finger to the expat community as the source of the IP violations. (Not forget this is amazing Thailand, everything can happen)

So time to get legal software or change to an open-source operating system….. Anybody interested in a original (free) Ubuntu Release 7.04 Linux CD, I have stock of 32 and 64 bit CD’s

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I've done some work in computer security before.

I was just going to say that the act seemed to be at least trying to do the right thing (apart from the fact that porn is illegal in the first place!)

but then I reread this:

Article 18: Inspectors are required to minimally access information on targeted computers and, if unable, are required to produce solid evidence to owner of private premises to support their suspicion over illegal activities and then seize the computers, without court warrants. Entry will be only during daytime and only after showing their ID cards.

I know this is a translation, so it might not be true to the original Thai version, but is this saying that inspectors can lawfully hack into your computer? What does "minimally access information" mean? It's bad enough if they monitor your network traffic, what sites you connect to, etc, but the U.S does some of this too -- it certainly alarms me more to think that they have the right to try to hack into your computer and check out what's on it.

Edited by canadiangirl

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I belief that most computers which will be seized are breaking some sort of law, illegal software, outside Thailand proxy server setting and …..etc.

If an officer seize your computer it is unlikely that you get it back, and there is even a change of deportation. The Thai government will love to point the finger to the expat community as the source of the IP violations. (Not forget this is amazing Thailand, everything can happen)

So time to get legal software or change to an open-source operating system….. Anybody interested in a original (free) Ubuntu Release 7.04 Linux CD, I have stock of 32 and 64 bit CD’s

Thanks for the offer, but what a load of codswallop. I suspect the current govt is less worried about the farang expat community than it is the Thai expat community if you get my meaning here.

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What is being explained is probable cause. Again, police can act without warrants in many other countries based on probable cause. Though I'm not a lawyer, when evidence is obtained in this fashion the courts must determine if indeed probable cause existed before the evidence is admitted in court.

Your ingenuity, or bad faith, is astonishing.

Again try to imagine the scene, into the context. A thai policeman coming to your house, showing his ID, claiming that he has "solid evidences", and seizing your computer.

Do you need a drawing ?

Edited by george

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The most worrying one is

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.

Most of us here do not reveal our identity and de facto we pose as someone else (our pseudo).

So now we should have a registered ID and an email with our own name?

[sandy]

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Seizing computers which contain porn ? How many computers in Thailand ? Too bad about all those computers the authorities were going to install in schools. No more internet cafes either. Pantip will be pretty empty soon too.....although officially there is no porn there...or at least none the Interior Minister was interested in on his last visit.

Thailand will become the hub of second hand computer auctions.

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Porn Illegal in Thailand?

Please tell me more about this.

heh, heh, nice one :o

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The most worrying one is

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.

Most of us here do not reveal our identity and de facto we pose as someone else (our pseudo).

So now we should have a registered ID and an email with our own name?

[sandy]

People obviously tend to read over the most crucial part:

... IN AN ACT THAT DISRUPTS THE OTHERS NORMAL COMPUTER USE. Simply translating "misuse" to harm third parties.

In short, spammers, identity thieves, virus spreaders and other virtual crooks. Nothing wrong with a law to get those busted and should be in the interest of any legitimate user of the internet.

Cheers,

Richard

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