Stop the draft of new computer law

A new computer law has been drafted and sent to the cabinet on 20 April for consideration.  iLaw, an organization which promotes public participation in the formulation and amendment of laws, has urged the public to stop this new version of the law.

The current 2007 Computer-related Crime Act has been criticized for allowing a broad interpretation for what constitutes an offence and for giving sweeping powers to the authorities. Many, including the Ministry of Information and Communications Technology itself, have agreed that the law has to be modified.  However, the MICT has suddenly come up with a draft which contains all the same problems and is even more regressive, said iLaw manager Orapin Yingyongpathana.


Orapin Yingyongpathana, manager of iLaw

One of the new articles in this draft penalizes the copying of computer data ‘which may cause damage.’  ‘What does this mean?’, said Orapin, adding that this could be interpreted as a measure to tackle intellectual property infringements; she heard that this article had been pushed through by a major record company.

Another article penalizes the possession of applications which have the ability to hack into or access computer systems without authorization.  ‘This is like being guilty for having a knife,’ she said, adding that using proxy tools might also become a crime.

Under the new law, a Committee to Prevent and Suppress Computer Crimes will be set up, with the authority to appoint officials and request copies of computer data.  Orapin said that while this new body might provide a possible channel for public scrutiny, it must be linked to the people in terms of its selection and composition.  

iLaw has argued that computer law should not deal with the criminality of content, as this is already covered in the Criminal Code.  The draft law punishes anyone who presents information that does not correspond to the truth.  Orapin asked who was to decide what was or was not true, such as if someone says ‘soldiers shot people’.  So far the government has continued to block websites, acting as if it was the sole possessor of the truth. 

Expressing opinions should not be subject to censorship, or be restrained within boundaries set by the government; people would otherwise not be able to say anything other than ‘the sun rises in the east,’ she said.

Orapin suspects a political motive behind the quiet rush to formulate and present the draft.

iLaw is asking the public to join its campaign to stop the draft law, which it claims could lead to every computer user breaking the law unwittingly.

The organization demands that the public be involved in improving the law through public hearings.  

Source: 
<p>http://prachatai3.info/journal/2011/04/34110</p>

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