Thai Police Get Tough Net Laws

[joskydive]

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

After reading the last bit of this report, it seems that this applies to businesses too and they've now included private home computers aswell so I doubt that trying to pass the buck onto your company owned home is going to work. I doubt that they will need the warrant either because they now have the permission to legally access information on targeted computers, (Article 18) , so, if yours is one of them, they will already have the information they require to enter your premises, arrest you and remove your computer(s).

[jbowman1993]

Seem to be a whole lotta people with porn on the computers, who are now really freaked out!

Simple solution. Burn it onto CDs or DVDs and delete it off your computer

[joskydive]

Seems odd to me too since they can get the real thing almost anywhere in Thailand. I'm more interested in them clocking into my computer and accessing all my online bank accounts and passwords. They wouldn't even have to come to the door then to ask for money.

[MaxLee]

Seems like that Thailand is becoming worse than a kindergarten state...

[THAILIBAN]

now finally Thailand managed to criminalize 99,9% of the Gay Community.

Because even by clicking on any Gay website, be it a Thai or international one, you would be able to find anything that could be considered illegal.

and I am sure that at least 99,9% of the gay people living in Thailand have at least ONE naked pic or something like that on their computer or handphone or whereever.....

so, I hope that even the LAST USER understands that my Username is not really dodgy (as one member commented when I first created it), its just reality and nothing else......

in the year of 2550, this is the country of the THAILIBAN.

[MaxLee]

Preservance of the culture for the Military government's point of view means hindering democracy and freedom of speach. Questioning is a crime as I have read an article of a teacher who was kinda guilty for giving out exam papers that are about questioning royal and government issues...

[Rykbanlor]

Yeah, but this sounds quite normal...................anybody who is still contesting this point.......wake the ###### up.

Granted there are lots of things to bitch about but this does not seem to me to me to be one of them.

As someone mentioned earlier......it seems more like its aimed at spammers and hackers than anything else.

Stop with the political analysis already

Just think back a few months to the CNS' paranoia after the coup about chat rooms and their order to web masters to delete posts critical of them. That should give you some idea of how this can be used poliltically in the name of "national security". Also look down South and see how Singapore and Malaysia arrest teenagers for posting blogs mildly critical of their governements.

Yeah, actually the more i think about it the worse it seems. I just scanned through it real quick at first and I understand the need to try and prevent fraud, and hacking etc but yes, as with many other issues at the moment it has the possibility of being exploited.

Didn't it say that sending pornographic images by email would be considered illegal?

I wonder if they'd be able to keep up?

[walterego]

Its all very interesting, and for the large part i think its been done with quite positive intentions, only to clearly though can the opportunity to abuse it be seen.

I do wonder how much of these loopholes are actually only apparent to us due to translation and it may well be a much more secure and public safe act when read in its native text ? (or am i just thinking way to positive here?)

Also the culpability seems to be in onwership of the Pc not so much in access, so yes for those that own a business especially those business's with a large amount of PCs i imagine keeping employee porn of the pc would be a big worry. eg: yu may own the pc but your employee (who u trust and has his own secure pswd has an abundace of healthy filth in his bropwser.. but its your computer. Surely schools will be in huge trouble with the ammount of geeks willing to screw up the Dean and get a few days of from their IT lectures. I only wish i was back in high school ad had thse laws ahhh what fun!

Also what a great way to screw up a bad boss, just put a secret partition of a few MBs on his HD with some nice money shots! revenge cumming at ya! we can replace some logos in the windows instal like in the folder that contains all the pics for different file icons Ha just put a nic

 pair of DD cups in there u can

 do it in 30 secs with a usb and u would never know. The revenge and pay back factor of this act is endless and scary. 

I am still confused however as to what exactly defines Pornography in Thailand?

does anyone really have a legal definition?

acording to the oxford dictionary, it is -

pornography

• noun printed or visual material intended to stimulate sexual excitement.

— DERIVATIVES pornographer noun pornographic adjective.

I notice that this article does not seem to specify 'pornographic images' but pornography in general

this by the broader definition also includes writting about sex hence the oxford definition 'printed material'.

and when we consider the origin of the word from the ancient Greek 'Pornographos= writting about prostitutes' one could even include the journalistic aproach that many of us take when discussing the activitys on any given night in pataya. (australian law regarding these types of matters usually stipulates photographic images so as to properly define these matters)

I know this is sounding extreme, but what are the boundarys?

[scratt]

I am curious... Do any of you seriously believe that the authorities have the know how to access your computers remotely?

In short they can only do that by making your machine a 'zombie' just like the hackers and spammers do. Thus game keeper becomes poacher. It simply won't happen. Nor do they have the resources, manpower, or technical skill to do it. And none of you are important enough to warrant that kind of attention. Heck, true can't even keep their network running properly.. Do you really think they will manage to keep accurate logs for all of their customers and be able to turn them over to the authorities on demand!?? Not a chance.

Simple solutions for those who are paranoid. Ditch Windoze. Go to OS X or Linux.

Or keep your windoze machine and learn how to protect it properly. And don't do any of the things considered socially unacceptable on the web. Then you'll be as safe as you ever are in any country where you can be arrested without warning, and without evidence for any charge whether computer related or otherwise.

If you don't like the above paragraph then perhaps you need to think about what you are doing in Thailand!! Any law is open to abuse, any system can be corrupted and applied with different standards based on your financial and racial status. Anyone who drives a car here knows that.

Edited July 25, 2007 by scratt

[siam2007]

I am still confused however as to what exactly defines Pornography in Thailand?

does anyone really have a legal definition?

acording to the oxford dictionary, it is -

pornography

• noun printed or visual material intended to stimulate sexual excitement.

— DERIVATIVES pornographer noun pornographic adjective.

I notice that this article does not seem to specify 'pornographic images' but pornography in general

this by the broader definition also includes writting about sex hence the oxford definition 'printed material'.

and when we consider the origin of the word from the ancient Greek 'Pornographos= writting about prostitutes' one could even include the journalistic aproach that many of us take when discussing the activitys on any given night in pataya. (australian law regarding these types of matters usually stipulates photographic images so as to properly define these matters)

I know this is sounding extreme, but what are the boundarys?

yes I would be very much interested as well what is actually considered PORNOGRAPHY under Thai law. who knows, maybe not even a definition of that does exist.....

maybe SUNBELT could give us some informations about the matter, but probably this topic is too "DODGY" for them

[animatic]

Thai police get tough Net laws

Ok, most of the laws do make sense. And are needed.

Using Handles / aliases is harder,

but not a problem if you are not doing a crime.

But the access on suspicion of porn is WAY overboard.

Besides the fact one mans picture of his lady topless

is another mans 'disapicable porn',

is the access issue.

Suppose they want to hassle you and or your company?

Simple:

Come in during daylight.

Say a disgruntled employee saw porn and told them.

Look for 1 minute and say we can't find the porn,

but we SUSPECT it's on ONE of your company computers.

And then TAKE THEM ALL AWAY for a search.

And a search by whom???

The Ministry of Information Technology?

Your local police box's secretary?

The young cousin of Officer Lek, who has run a PC shop

for 3 weeks, and will get a 'paid by the hour contract'

to search SLOWLY?

All your business records, stock numbers etc. etc, GONE,

and subject to search on suspicion alone.

Maybe from just a anonymous phone tip.

And what if you had rightly reprimanded an employee

but they decided that they had lost enough face to want revenge.

They then download ONE free porn image... easy enough to do.

Put on a CD and drop on your hard disk... Make one phone call.

'My ex boss has porn on the company computer.'

Your busniess is toast!

What if you get on the bad side of a crooked cop...

Oops he thinks you have porn, and takes your tools away for a check,

Gee we're 4 months backlogged, but if we find nothing you get it back.

Hey guess what your 'database only',

'never net accessing' cash-register computer

had one porn image on it's hard disc...

Opps you're toast.

Not so hard to put ONE image on a confiscated computer,

Many just takes a few seconds more....

and it's bad press or BIG tea money time.

Or worse; persona non grata, bye bye.

Bad law.

[azado]

One thing that made me more confused....Pocket PC (PDA). Does the law include them too? Hackers can still use those devices for whatever they are planing to do!!!

About the porn, all those nice background pictures (japanes girls in bikini or sexy farang girls posing) that you can download with sms from mobile or pocket pc and set them as background photos. Arent they included in the illegal act too?

Not concerned....

Truecrypt RULES

[THAILIBAN]

if only ONE of those girls shows her nipples on your screen, then you committed a crime and will be subject to deportation.

yes sounds like a joke, but in fact it's reality.

Amazing Thailand, amazing THAILIBAN government

[mike3006]

so basically looking at a porn website is against the law? And im assuming that all of our ISP's can see every website we look at. am i right? If so is there any way around it

[THAILIBAN]

so basically looking at a porn website is against the law?

I guess so...... though until today, nobody here was able to explain what is actually considered PORN in Thailand, and what is illegal or legal.what if you chat with somebody on camfrog, and he/she suddenly shows u his/her "secrets" on cam.

then he/she has turned u into a criminal within one second, I guess....

[rafval]

According to Section 287 of Thai Penal Code “Whoever (1) for the purpose of trade of trade or by trade, for public distribution or exhibition, makes, produces, possesses, brings or causes to be brought into the kingdom, sends or causes to be sent out of the kingdom, brings or causes to bring, or spreads by any means whatever, any document, drawing, print, painting, printed matter, picture, poster, symbol, photograph, cinematograph film, audio or video tape or any other thing which is obscene, (2) carries on trade, or takes part or participates in the trade concerning the aforesaid obscene material or thing, distributes or exhibits to the public, or hires out such material or thing; (3) in order to assist the circulation or trading of the aforesaid obscene material or thing, advertises or spreads the news by any means whatsoever that there is a person committing the act which is an offence according to this Section, or advertises or spreads the news that the aforesaid obscene material or thing may be obtained from any person or by any means, shall be punished with imprisonment not exceeding three years or fine not exceeding six thousand baht, or both.”

[webfact]

so basically looking at a porn website is against the law?

I guess so...... though until today, nobody here was able to explain what is actually considered PORN in Thailand, and what is illegal or legal.what if you chat with somebody on camfrog, and he/she suddenly shows u his/her "secrets" on cam.

then he/she has turned u into a criminal within one second, I guess....

... a name...

[nikster]

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

THANK YOU for the reminder, I shall leave this thread now.

"Getting tough" is just a synonym for crackdown. A crackdown in Thailand, if it happens at all, is usually over within weeks if not days, then everyone forgets about it and then the police life goes on as before, collecting BHT 100 bribes for minor traffic infringements and protection money from night clubs. Enforcing the law selectively, and only when a profit is involved.

[nikster]

so basically looking at a porn website is against the law? And im assuming that all of our ISP's can see every website we look at. am i right? If so is there any way around it

Yes you can use a VPN. but it's forbidden to discuss, so I shall be quiet now.

[oMega69]

Now its 2011 ..

So did any one here lose his computer to the Police ? . ,

[Crushdepth]

Lazarus.

Edited August 8, 2011 by Crushdepth

[Crushdepth]

I hate thread resurrectors

Edited August 8, 2011 by Crushdepth

[Orac]

^ yeah - they have a habit of making those drama queens with crystal balls look pretty stupid

[astral]

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.

Well there is the flaw in the system.

Who is to say that the "inspectors" did not plant the offending data????????

I am aware of at least one case in the UK that was thrown out of court because the

police turned on the computer they were seizing.

For proper forensic examination the entire disk must be copied, leaving the original in tact

if the evidence is to be valid in court.

[oMega69]

But if i do install the TrueCrypt on 1 harddisk.... and then Police raid my home ...., then i think the court would force me to pass over the password . . or if not then been charge to maxium .,

So i dont think there is any need to install TrueCrypt anyway . . . . . . .

[Phil Conners]

^

See Plausible Deniability

[astral]

..... i think the court would force me to pass over the password

In the UK the law specifically allows for imprisonment for not revealing the password.

In other countries, rubber hoses, water boarding, etc may be the incentive

[paulian]

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

As long as a court order is issued. (warrant)

[paulian]

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.

Well there is the flaw in the system.

Who is to say that the "inspectors" did not plant the offending data????????

I am aware of at least one case in the UK that was thrown out of court because the

police turned on the computer they were seizing.

For proper forensic examination the entire disk must be copied, leaving the original in tact

if the evidence is to be valid in court.

It's harder to "Plant Data" then most people realize. When I was working a few years ago, part of my job was in that area. Not planting data .... but determining if it had been planted. Remember, everything that happens on your computer is time stamped and there are many other ways to determine if it was planted. If data is on your computer is time stamped when you were not in possession of the unit, how could you have put it there ?

[paulian]

..... i think the court would force me to pass over the password

In the UK the law specifically allows for imprisonment for not revealing the password.

In other countries, rubber hoses, water boarding, etc may be the incentive

Well ....... this is a very complicated concept that I am sure a lawyer could explain much better than myself. However, the UK law is very much like the US law. There are things you cannot be compelled to do. Under written, case law and appellant laws. Things like revealing the combination of your personal safe are complex. Many of the thoughts in a person's mind are protected, no matter what you have heard. As are revealing passwords. I am not a lawyer, just in law enforcement for a while. I suppose if they at some point see or you tell them in some way there is illegal data on your computer you are compelled to give up the password. However, if they do not know for sure there is illegal data on the unit and you do not tell them, it's an entirely different issue that would not require you to give up any of you civil rights or password. Basically innocent until proven guilty. If it cannot be proved with reasonable doubt or evidence a crime has been committed how can you be compelled to give up any information.