Thailand: Computer Crime Act, 2017 We note again that Section 24 incorporates a far-reaching gag order punishing anyone who discloses data collected as part of the warrantless powers in Section 18. Recommendations: Section 20 should be stricken entirely; Section 21 should be stricken entirely. By incorporating adequate intentionality requirements into Section 13 that punish the dissemination of harmful computer tools with dishonest intent, Section 21 will be rendered unnecessary. Compelled decryption ARTICLE 19 is concerned that Section 18(7) problematically allows courts broad powers to t any person related to the encryption of computer data We note that encryption facilitates the exercise of free expression and privacy, and restrictions on encryption and anonymity must meet the three-part test of limitations to the right to freedom of expression under international law. It is often the case that service providers do not even possess the technical capacity to decrypt end-to-end communications that pass through their systems; such providers should not face criminal penalty or contempt if this is the case. We recall that the 2015 report of the Special Rapporteur on FOE stipulated, in the case of orders for compelled assistance to decrypt communications, that such orders should be necessary and the least intrusive means available, based on publicly accessible law, clearly limited in scope focused on a specific target, and implemented under independent and impartial judicial authority. In the 2016 case of the US Federal Bureau of Investigation attempting to force Apple Computer to compel decryption of an iPhone device, the Special Rapporteur on FOE made a written submission to the judge reiterating the position that compelled assistance to decrypt communications raises grave concerns for freedom of expression.48 Recommendation: Section 18(7) should be stricken. 48 David Kaye, Re: In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203 ED No. CM 16 - 10 (SP), March 2, 2016. ARTICLE 19 Free Word Centre, 60 Farringdon Rd, London EC1R 3GA Page 23 of 24 www.article19.org +44 20 7324 2500