10. Spam mail

ETDA's Draft CCA as of 2013: Imprisonment terms imposed on file copying and possession of child pornography

เมื่อ 9 พ.ค. 2556
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10. Spam mail


2007 CCA

Draft CCA as of April 2013

Article 11 Whoever sends computer data or electronic mail to other person and conceals the source of such aforementioned data in a manner that disturbs the other person's normal operation of their computer system shall be subjected to a fine of not more than one hundred thousand baht.

 

Article ... Whoever sends computer data or electronic mail to other person and conceals the source of such aforementioned data in a manner that disturbs the other person's normal operation of their computer system and without an option for the receiver to decline the receipt or to unsubscribe from the mail list shall be subjected to a fine of not more than one hundred thousand baht.

 

The conditions and ways through which the computer data or email is sent in the first paragraph shall be specified by Ministerial Regulation.

Spam mail is a problem that disturbs any person. Though the current version of CCA criminalizes such an act, but it fails to resolve it. It simply requires that sending a spam mail can be criminalized when the sender’s name is not disclosed. Such wording solves no problem.  

In the new draft, it is rewritten that the sending of email without giving the receiver an option to decline it or to unsubscribe from the mail list is an offence.  

The amendment of this provision seems to make the draft law becomes more effective.