The junta-appointed National Legislative Assembly in Thailand passed a cyber crime bill on May 9, 2007, which would give the government legal authority to act on Internet abuses. The new legislation also mandates firm prison terms for guilty offenders. Once royal assent is given, the bill will be promulgated as the Computer-Related Offenses Commission Act.
The Thai government believed the new legislation was needed to fight cyber crime, such as theft of data and Chatroom contacts that have led to rape. However, detractors of the new laws believe it is an effort by the government to crackdown on perceived defamation of the Thai royalty and ruling party, and other political activity.
In April 2007, Thailand’s government took the broad step of blocking YouTube after videos providing content related to the Thai government and Thai King Bhumibol Adulyadej were displayed. On May 11, 2007, YouTube, which is owned by Google, agreed to remove all videos that the Thai government had identified as insulting to the king. However, shortly after reaching the agreement, the Thai Information and Communication Technology Minister issued orders to YouTube to provide IP addresses of users who had uploaded the clips so that the individuals could be identified and targeted. Passing of the new legislation is believed to have been conducted in an effort to impose increased penalties for individuals who have participated in posting these videos.
Internet Controls
One of the main provisions of the new bill will make it illegal to use proxy servers, therefore to hide IP addresses. An IP address is a unique address used to identify computer users while communicating with others on a network. The Thai legislative committee that introduced the bill said they believe “ill intentioned users” often mask their computer IP address in order to protect their identity easing the ability to carry out criminal acts. The Thai government believes having the ability to mandate that legitimate IP addresses be utilized while surfing the web will assist in fighting cyber crime. However, this new legislation will also strengthen the government’s ability to manage access to, and content posted on, the Internet by targeting individuals who seek methods to bypass government-ordered filters.
Proposed Penalties
Offenders of the new law will face stringent penalties:
• Disseminating “improper” content is punishable with a five-year imprisonment and a fine of approximately US $3,066, or both.
• Internet operators or webmasters will be liable and face the same fines.
• Re-tooling pictures of individuals that cause reputation damage can cause three years of imprisonment or a fine of approximately US $18,363.
• For offenses impacting national security, damaging information systems can lead to a 10-year jail term or a fine of US $6,123 or both.
• Undermining national security is punishable between three and 15 years imprisonment or a fine of between US $1837 – US $9,185 or both.
• Endangering a life or causing death could incur a 10-20 year imprisonment.
Future Outlook
The Thai government also has sought to monitor Internet crimes conducted from outside Thailand that are deemed to, “damage the country, both directly and indirectly.”
Those opposed to these new laws believe the government is exercising undue censorship and is becoming more in line with North Korea and China in terms of media and speech restrictions. With the May 11, 2007, agreement between YouTube and the Thai government to censor anti-monarchy videos, it will be interesting to see if YouTube takes the extra step of providing IP addresses to the Thai government as was requested. Google has not made a decision to respond to the Thai government to date.
However, even if YouTube provided IP address information, the Thai government would need to perform additional work in order to track down the actual video uploaders, who could reside anywhere in the world. As such, it may be difficult for the Thai government to enforce their internal laws in foreign courts.
We believe that the Thai government will continue to conduct censorship of information it deems as offensive to the government and monarchy. We anticipate that the blocking of government labeled offensive websites will continue. We further believe the Thai government will utilize newly passed legislation to target and apprehend individuals found to be promulgating such information.
It is also believed that YouTube users will continue to spite the new Thai laws and will upload the perceived offensive videos, despite fear of reprisals. New Internet laws will have little practical affect, but will likely irritate an already restless Thai population under military rule.