SIAM GP

Computer & Cyber Crime

Computer Crime means a crime in which a computer expert commonly named a hacker, hacks the computer, laptop, etc of other people for stealing their personal data. Computer crime is spreading day by day and the reported cases are also increasing. Hackers hack the system of government, individuals and then take away the important information, data, etc.
There are some important following types of computer crimes which will make it easier for understanding;

1. Copyright Violation
Using the content of a person without his permission
2. Child Pornography
3. Cracking
Cracking means decoding to hack data
4. Cyber Terrorism
Blackmailing, threats, violence
5. Creating Malware
It means creating a virus, threats and then selling of it
6. Doxing
Publishing the personal information to defame them
7. Slander
Defaming of company, corporation, etc.
8. Identity Theft
Using the identification of other people to commit the crime
9. Scam
Fraud, manipulating people. E.g investing in a business, etc
10. Wiretapping

Hack the systems, electronic devices to listen to the conversation of other people

Thailand legislation on Computer Crimes:

The government of Thailand has done legislation and promulgated in 2007. The government passed “Computer Crime Act B.E 2550 (2007)”.

The Act discussed defines and protected the rights of;

1. Computer System
2. Computer Data
3. Computer Traffic Data
4. Service Provider

Minister and Competent Officials have the responsibility to enforce this act and monitor each step which is effective for the implementation of this act.

Computer Related Offences:

The act has elaborated the following offences with their punishments;

1. If anyone is found guilty of accessing the computer system of any person without his permission, he will get punishment with imprisonment of six months, or with fine not more than 10,000 Baht, or with both.
2. If any person accesses the computer system of any other person without his permission and then discloses the information, he will get punishment with imprisonment of one year or fine not more than 20,000 Baht, or with both.
3. If anyone accesses the computer system in which there is the prevention of access for example the computer system of government officials, the accused will get punishment with imprisonment of two years, or with fine not more than 40,000 Baht, or with both.
4. If anyone hacked the computer system and stole the information or data in which the public interest is involved. He will get punishment with imprisonment of three years or with a fine, not more than 60,000 Baht, or with both.
5. If anyone accesses the computer system and damages, erases, or amend the data of another person, he will get punishment with imprisonment of five years, or with fine not more than 1000,00 Baht, or with both.
6. If anyone did any illegal act without a computer system that the data is stuck, suspended, hindered, etc. He will get punishment with imprisonment of five years, or with fine not more than 1000,00 Bhat, or with both.
7. Section 14 of Computer Crime Act B.E 2550 (2007) elaborates about the following offences in which the guilty person will get punishment with imprisonment of five years, or with fine not more than 1000,00 Baht, or with both.
A. Importing of any malware which damage or affect the computer system
B. Importing any malware which damages the country’s security or the public interest, public property, etc.
C. Importing malware into the computer systems of government officials which affect the security of the kingdom.
D. Importing date of Pornography Nature

The procedure of Proceeding in Computer Crimes:

The competent officials have legal authorities to investigate computer crimes. If they have strong evidence or witness against a person they can start an investigation by the following methods;

1. Inquiry letter to the alleged person, in which the offence is mentioned. The alleged person is bound to give a written statement in an understandable form within a given time.
2. Collection and investigation of computer traffic data
3. Copy computer data, computer traffic data. It will help to identify the interference of any third party.
4. The person who is handling the computer data, computer traffic data investigation will make a report and forward it to the competent officials.
5. A notice to the victim to submit all those material which can prove the offense of the accused. I.e. submission of storage device, threats, warning headlines, etc.
6. Seizure the computer of the accused to collect the evidence which can prove the allegations.
After getting all information, strong evidence, and witnesses the competent officials will file the petition in the court. The petition should include all requirements of the court for example cause of action, injuries, material facts, devices used for offence, other investigation reports, etc. After submission, the court will check all given information, evidence, facts, etc, and accept the case for further proceedings. The court will also allow the defendant to appoint a legal representative and submit his answer against the allegation. The defendant is legally bound to submit the written statement within a given time, after submission the court will start the proper proceeding of the case.