development and concerns over "digital economy" bills in thailand

DEVELOPMENT AND CONCERNS OVER “DIGITAL ECONOMY” BILLS

IN THAILAND@bact Arthit Suriyawongkul

@thainetizen Thai Netizen Network#RightsCon 25 March 2015

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CONTEXT• Post-coup

• “Digital Economy” as government agenda

• A set of laws in different areas (Originally 12 from Ministry of ICT + several more from other agencies, like Incitement Bill)

• 8 Bills got approved by the Cabinet within a day without knowledge of related government agencies

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STRUCTURE + RESOURCES• Ministry of Digital for Economy and Society Bill [renaming MICT]

• Digital Development for Economy and Society Bill

• National Digital Committee for Economy and Society + Digital Economy Promotion Office + Digital Development for Economy and Society Fund

• Electronic Transaction Development Agency Bill (amendment)

• Electronic Transaction Bill (amendment)

• Broadcasting and Telecommunication Regulator Bill (amendment)3

CRIME + PROTECTION• Computer-related Crime Bill (amendment)

• Personal Data Protection Bill

• Cybersecurity Bill

• Incitement Act

• Criminal Procedure Code (amendment) [Lawful interception]

• Criminal Code Amendment [Child pornography]4

CAMPAIGN• 20,000 signatures within two weeks on Change.org.

Letter submitted to National Legislative Assembly, National Reform Council, and Constitution Drafting Committee.

• After that, Electronic Transaction Development Agency (the law drafting team), NLA, NRC, Council of State, and Law Reform Committee all held consultation meetings/public hearings

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DUPLICATIONS AND CONFLICTS

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CHILD PORNO EVERYWHERE

• Section 16/1 in Computer-related Crime Bill

• Incitement Bill

• Criminal Code Amendment

INTERMEDIARY LIABILITY

• Section 15 of Computer-related Crime Bill will fixed it

• Section 22 of Incitement Bill will reintroduce it

CYBERSECURITY BILL

• Power of National Cybersecurity Agency over private sector, and individuals (Section 33, 34)

• Access to communication data (Section 35)

• Mixing up cybercrime, cybersecurity, cyberwarfare, cyberterrorism, …

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CYBERSECURITY BILL S.34

• Section 34 In case where it is necessary, for the purpose of maintaining Cybersecurity, which may affect financial and commercial stability or national security, the NCSC may order a private sector to act or not to act in any way and to report the outcome of the order to the NCSC as required by the Notification of the NCSC.

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THE USE OF SECTION 34

• 15 Dec 2015, MICT set up a working group to break SSL. So they can monitor social media.

• Section 34 can be used to ask ISP to deploy fake SSL certificate?

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DATA PROTECTION DEBATES• Should National Cybersecurity Agency a secretariat

office of Data Protection Committee?

• Consent at Collection — which way to go?

• Yes — EU Data Protection Directive

• No — APEC Privacy Framework

• Vague exceptions for journalists, research, etc.13