Thailand

Cybercrime Bill:

The Draft of the Cybercrime Bill (as of 15 Nov 06):

Computer Crime Bill Section 5, 7, 8, 9, 11 and 12, make a proposal of criminalizing illegal access, illegal interception, data interference, system interference and misuse of devices.

Chapter 1
Computer-Related Offences

Section 5

Any person accessing a computer system for which a specific access prevention measure that is not intended for their use is available shall be subject to imprisonment for no longer than one month or a fine of not more than one thousand baht or both; the offence under paragraph one shall be a compoundable offence.

Section 6

If any person knowing of a measure to prevent access to a computer system specifically created by a third party discloses that measure in a manner that is likely to cause damage to the third party, then they shall be subject to imprisonment for no longer than six months or a fine of not more than ten thousand baht or both.

Section 7
If any person accesses computer data, for which there is a specific access prevention measure not intended for their own use available, then he or she shall be subject to imprisonment for no longer than one year or a fine of not more than twenty thousand baht or both; the offence under paragraph one shall be a compoundable offence.

Section 8
Any person who commits any act by electronic means to eavesdrop a third party’s computer data in process of being sent in a computer system and not intended for the public interest or general people’s use shall be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht or both.

The provisions under paragraph one shall not apply to the eavesdropping of computer data according to a computer data owner’s specific instructions.

Section 9
Any person who illegally damages, destroys, corrects, changes or amends a third party’s computer data, either in whole or in part, shall be subject to imprisonment for no longer than five years or a fine of not more than one hundred thousand baht or both; the offence under paragraph one shall be a compoundable offence.

Section 10
Any person who commits any act that causes the working of a third party’s computer system to be suspended, delayed, hindered or disrupted to the extent that the computer system fails to operate normally shall be subject to imprisonment for no longer than five years or a fine of not more than one hundred thousand baht or both.

Section 11
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’s computer data shall be subject to imprisonment for one to ten years or a fine of twenty thousand to two hundred thousand baht or more, or both;

(2) is an act that is likely to damage computer data or a computer system related to the country’s 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 subject 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 damage to people’s body or life shall be subject to capital punishment, life-time imprisonment or imprisonment from ten years up to twenty years.

Section 12
Any person who sells or disseminates sets of instructions developed as a tool used in committing an offence under Section 5, Section 6, Section 7, Section 8, Section 9 or Section 10 shall be subject to imprisonment for no greater than one year or a fine of not greater than twenty thousand baht, or both.