2007 CCA | Draft CCA as of April 2013 |
Article 5 Whoever illegally accesses a computer system for which a specific access prevention measure that is not intended for their own use is available shall be subjected to imprisonment for no longer than six months or a fine of not more than ten thousand baht or both.
| Article 6 Article ... Whoever illegally accesses a computer system If the offence in the first paragraph is committed against a computer system for which a specific access prevention measure that is not intended for their own use is available, the offender shall be subjected to imprisonment for no longer than six months or a fine of not more than ten thousand baht or both. |
Article 7 Whoever illegally accesses computer data, for which there is a specific access prevention measure not intended for their own use is available, shall be subjected to imprisonment for no longer than two years or a fine of not more than forty thousand baht or both. | Article ... Whoever illegally accesses computer data If the offence in the first paragraph is committed against a computer data for which a specific access prevention measure that is not intended for their own use is available, the offender shall be subjected to imprisonment for no longer than two years or a fine of not more than forty thousand baht or both. |
The ETDA’s draft law provides that any access to computer system/data with or without protection measure is an offence. It was changed from that the access shall be an offence if it is made against computer system/data with protection measure. The drafting committee explains that (http://ilaw.or.th/sites/default/files/pdf_6.pdf), the amendment is aimed at preventing any abuse of the law and thus the offence is made compoundable.
Nevertheless, though the drafting committee realizes that the provision could be abused, and the penalty rate has thus been reduced and the offence compoundable, it may still not ensure the prevention of abuse. To prevent abuse, the law should be written more carefully to automatically prevent any abuse. It should allow the case to go to the Court during which time the plaintiffs usually have more leverage and may determine how the case can be settled. Thus, by making the offence compoundable, it does not help to prevent abuse.
