ICT stresses caution in drafting new computer laws

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ICT stresses caution in drafting new computer laws
By Asina Pornwasin
Jirapan Boonnoon
The Nation 2011-05-03

Much to the relief of all involved, ICT authorities have promised a wider public hearing before finalising new computer crime legislation, in the quest for enforcement without compromising privacy or pushing excessive burdens on business operators.

"The draft would be submitted to the next government and it could take as long as five years before the law was enforced," said Surangkana Wayuparb, deputy director of Electronics Transactions Development Agency - a public organisation working on the new legislation.

Surangkana was speaking at The Nation's roundtable discussion last week.

"We agree to sound out more opinion from all sectors involved. We want to be more thorough, as this law would for the first time ensure law enforcement in many types of electronic activities, from social ones to e-commerce," she said at the discussion themed "Costs and benefits of the new Computer Crime Legislation".

Hearings on the second draft are planned with groups of stakeholders - including technologists and Internet service providers, financial institutions, social and human rights related groups, lawyers, as well as the general public especially Internet and computer users.

Opinions are to be included in the third draft and then a public hearing called.

Surangkana insisted the new law was necessary, as it would put control on all electronic activities - social and financial - into one law.

"The ICT Ministry wants to be regarded as the unit in charge of all electronic activities, not just closing pornographic websites or those that violate the lest majeste laws. While the contents are extended, law enforcement officials would be equipped with greater knowledge and authority," she said.

The draft has caused criticism in the cyberspace world because of some unclear points - including the definition of "system admin" which in the second draft is defined by the level of access to information.

The cyberworld was also concerned with a new commission, to be chaired by the prime minister and represented by key persons from agencies. It feared that any such commission, without knowledge in the field, could jeopardise development.

Surangkana however insisted it would involve only policy-making, not law enforcement which is restricted to authorised officers. Besides, the role of sub-committees would be in supporting the commission on technical information, including forensic science.

It is also possible that the commission would be represented by the National Telecommunication and Broadcasting Commission (NTBC).

At the discussion, the official vowed that the law would provide a more specific guideline for law enforcement officers. For instance, on how to define "Spam". To shut down a website, officers needed to send notices indicating the period and their reasons.

Dhiraphol Suwanprateep, partner of Baker & McKenzie, said that from his observance, the law would encompass nearly 10 felonies, still far from the 28 in US electronics law. He too is concerned with some ambiguous points, including law enforcement.

Arthit Suriyawongkul, a representative from the Thai Netizen Network, is also sceptical on law enforcement and the possibility it could harm freedom of speech in the cyberworld.

"The drafting committee however seems to have a positive attitude. It welcomes public opinions and comments," he said. And now, he and all Internet users are all ears for the final draft.