Thailand: Computer Crime Act, 2017
containing access prevention measures
does not carry any intentionality requirement. Hence the offence appears to be a strict liability
crime.
While intentional access to a computer system without right can be a legitimate offense when
it is properly defined, the vagueness of this provision fall short of international standards.
there be intent to obtain computer data. Further, Section 5 should require the infringement of
security measures.
ARTICLE 19 also notes that Section 7 nearly duplicates the language of Section 5, with the
from a comparative perspective, we observe that the Cybercrime Convention does not provide
these as separate offences, and thus the punishment of accessing computer data can be
Recommendations:
The phrase
Amended
Act should be replaced with the
infrin
Section 7 should be omitted for being redundant. Computer data can be addressed by
Section 5.
Disclosure of security measures
is nowhere defined and provides for no intentionality requirement, in
effect making the provision a strict liability offence.
The measure as written could punish those who are carrying out legitimate activities, e.g.
academic and digital security research. For instance, researchers will often test software and
computer systems for vulnerabilities and bugs and post their results publicly so that flaws can
be addressed. Companies often hire security consultants to test systems and publish their
findings. The public dissemination of such flaws, particularly in the case of open-source
software, serves to improve security and usability.
Recommendation:
Section 6 should be stricken in its entirety.
Unauthorised interception and interference
Section 8 of the Amended
ARTICLE 19
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