Thai Police Get Tough Net Laws

[bangbuathong]

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

[cclub75]

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 July 18, 2007 by cclub75

[cdnvic]

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

[cclub75]

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 July 18, 2007 by george

[cdnvic]

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 July 18, 2007 by george

[Richard-BKK]

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

[canadiangirl]

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 July 18, 2007 by canadiangirl

[sbk]

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.

[chinadarling]

Porn Illegal in Thailand?

Please tell me more about this.

[cclub75]

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 July 18, 2007 by george

[s.pylos]

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]

[sibeymai]

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.

[billythehat]

Porn Illegal in Thailand?

Please tell me more about this.

heh, heh, nice one

[Richard Hall]

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

[skippybangkok]

Lets take bets if will fizzle like the 2000 littering fine on Silom road.

[Naam]

Thai police get tough Net laws

YAAAAWWWWWNNNN....

[gharknes]

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]

this is specifically aimed at spamers

[jbowman1993]

This should be a good one for the "Thai Government as Big Brother" theorists to have fun with! Lets watch!

1000 reading this topic? Really? Don't you all have anything better to do? lol

Edited July 18, 2007 by jbowman1993

[Foggy Bottom]

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.

The Hub (router / switch ? ) of the matter?

Anti-authoritarian people ?

= insurgents? / Members of a disbanded political party? / Supporters of a deposed Prime Minister?

Or are they meaning the more commonplace criminals like paedophiles, human traffickers, drug traffickers and the like?

The real problem for most / all of us on this forum comes when they run out of real criminals (who haven't paid their "license" money to pursue. Then they'll go after the people who simply irritate them.

Gaz

[pgs]

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

Hmm - looks like your devil is having fun. Could be porn - better change the pic...

[Eddiee]

Everybody Jai Yen, this is standard practice throughout the Western World Thailand is just following suit and unless you are doing something very naughty in Thailand on your PC then theres absolutely no need for any concern.

[db1tau]

In thailand, many hotels or apartments let you use their ADSL connection for free or for a small fee without any authentication or login of any sort. So all guests are using the same IP Adress of the host. If someone does something illegal there, the police can only find the host via the IP adress. The guest cannot be identified.

I hope this won't lead to the shutdown of these internet services for tourists.

In germany we have a similar problem with Wifi hotspots. If you do not use WEP or WPA and someone logs into your wireless lan and does something illegal, you will get the problem. (police seizing computers or a lawsuit for sharing copyrighted MP3s or software).

I hope the same won't happen in thailand, stopping guesthouse owners from providing easy internet access.

Marco.

[s.pylos]

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

You are right but imagine that I impersonate Khun T. and send and outrageous message to Khun S. whilst he is having Som Tam Puu Plaa Raa and that in his overreaction Khun S, throws his plate over his keyboard, which under the corrosive action of Plaa raa then refuses to function anymore.. Will I be fined?

Another general question.. when is a picture a porn picture?

[edited some typos]

Edited July 18, 2007 by s.pylos

[dezeure]

Hmmm new laws again heh. how does the song go? "...Its a hard knock life for us..."

Any pornographic content???? I guess they can seize everyones computer in Thailand. I think there isn't one computer with not ONE picture of some nudity (except for my laptop of course )

BUT there is a good thing to this new "Law"...

thanks to the THAI LAW there will now no longer be any SPAM because it is ILLEGAL as stated in article 11. ROTFLMAO

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.

Regards guys...

Sam

[Mid]

POLITICAL CONTENT ON THE WEB UNDER THREAT

(17 July 2007)

snip

Meanwhile, in Thailand, a new law to prevent cyber crime is expected to come into force this week, the first law in the country to govern the Internet, says SEAPA. Known as the Computer-Related Offences Commission Act, the law identifies 12 types of Internet crimes that are punishable with up to 20 years imprisonment and a 300,000 Baht (US $9,420) fine. Crimes include developing, possessing, storing and disseminating "prohibited information."

But ARTICLE 19 says the law would "allow the authorities to take wide-ranging action to control even perfectly legitimate use of computers. This is likely to give rise to a profound chilling effect on the use of the Internet in Thailand."

One provision of the act requires Internet service providers (ISPs) to keep records of computer traffic for at least 90 days, which would allow authorities to identify who visits particular websites.

The current, interim government has already gained notoriety for its assault on the Internet after it came to power following the September 2006 military coup. Articles critical of the monarchy, pornography and content deemed as "threatening national security" were banned. According to SEAPA, an average of 10 sites are blocked a night, 90 to 95 percent of which are pornographic.

snip

ifex.org

Edited July 18, 2007 by Mid

[Estrada]

This should be a good one for the "Thai Government as Big Brother" theorists to have fun with! Lets watch!

1000 reading this topic? Really? Don't you all have anything better to do? lol

You bettter remove your Avatar...........Sooty Bear, bare and naked could be described as PORN!

[wilko]

There is everything wrong with a law with no checks or balances no matter what your personal feelings about the person or persons it is aimed at.

There is a startling lack of appreciation of what the law is about and how it should operate throughout this web site.

[Mid]

Editorial :New law takes aim at cyber-criminals

The Computer Crime Act will finally enable authorities to protect 'netizens' and enhance e-commerce

Published on July 18, 2007

snip

Now that the law is in effect, people will have to think twice about such innocuous activities as forwarding e-mails containing information or pictures of other people in compromising positions, or circulating URLs of websites that offer content such as pornography. Senders will now have to consider the impact of this material on others because those forwarding such material can also be prosecuted for infringing on others' rights to privacy.

The law will require ISPs to back up information, such as IP addresses and user logs, which would increase their cost of doing business. However, this would improve security on all sides and create an environment in which more people are encouraged to do business online, which would benefit all parties, including ISPs.

nationmultimedia.com

[dezeure]

Another general question.. when is a picture a porn picture?

[edited some typos]

when you're looking at a naked woman and turns out its not your wife or girlfriend... I dunno... but does having pics of your wife constitute as porn? I mean not to me, but maybe to someone else who doesn't know her.

Interesting question

[phuketrichard]

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

I can't see how they will enforce this any more than they will enforce the new law u can't talk on ur mobile while driving a car, ( note this does not apply to talking while your carrying your 5 kids and talking on your honda dream) with no license

The banned utube yet my daughter, who is 13 uses it all the time as her and all her friends know how to get around the block. Are they libale to be arrested?

Who says what is Porn?? the little old lady that has never looked at a naked guy or ( god forbid) had one in bed with her?

I have to take off all the ics of my wife naked ?

This so called wanna be goverment is moving in the wrong direction.

Edited July 18, 2007 by phuketrichard