2007 CCA | Draft CCA as of April 2013 |
Article 12 The perpetration of an offence under Section 9 or Section 10 that: (1) causes damage, whether it be immediate or subsequent and whether it be synchronous to the public shall be subjected to imprisonment for no longer than ten years or a fine of not more than two hundred thousand baht. (2) is an act that is likely to damage computer data or a computer system related to national security, public security and economic security or public services or is an act against computer data or a computer system available for public use shall be subjected to imprisonment from three years up to fifteen years and a fine of sixty thousand baht up to three hundred thousand baht. The commission of an offence under (2) that causes death to other person shall be subjected to imprisonment from ten years up to twenty years. | Article ... The perpetration of an offence under Article ... (illegal access to the system) Article ... (illegal access to the data) Article ... (access and disclose measures) Article ... (interfering the system) Article ... (interfering the data) Article ... (copying) or Article ... (phishing) (1) causes damage, whether it be immediate or subsequent and whether it be synchronous to the public shall be subjected to imprisonment for no longer than ten years or a fine of not more than two hundred thousand baht. (2) is an act that is likely to damage The commission of an offence under (2) that causes death to other person shall be subjected to imprisonment from ten years up to twenty years.
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| Article ... To aid the investigation when it is credible that an offence under Article has been made... (information pertaining to an offence against national security) or Article ... (information that might compromise national security) or an offence involved with the use of computer system, computer data or any device for data storage regardless if the offence is related to any laws, the administrative officers or high ranking police officers according to the Criminal Procedure Code or competent officer of other applicable laws shall proceed as provided for by the Act and as necessary to obtain evidence to prove the commission of the offence and to identify the perpetrator and shall be empowered as provided for by Articles... (1) (2) and (3) (power of competent officer of CCA), or if they are unable to carry out the duty, they may request for help from competent officer. To aid the act in the first paragraph, and if it is necessary to carry out duties as per Articles... (4) (5) (6) (7) or (8) (power of competent officer of CCA) , they may request for help from competent officer. |
It is clear that in the draft CCA by ETDA in 2013, an attempt is made to expand the implication of the “critical ground” to be cited as a reason to increase penalty in offences regarding illegal access to data/system, interfering with data/system, data copying, and phishing. Previously, the offences have to be carried out against either the computer data or computer system related to national security, and thus it made the Article most relevant to computer-related crime. But in the new draft, the offences do not have to be involved with either the computer data or computer system, but by invoking just national security, an increase of penalty is then possible. It shows how much concern is given to any threats against national security and public safety. And it has made the CCA look more like a national security law, rather than a computer related crime law.
