prepared for "The Road to Law" session at RightsCon Southeast Asia, 25 March 2015, Manila (not presented)

1. DEVELOPMENT AND CONCERNS
OVER “DIGITAL ECONOMY” BILLS
INTHAILAND
@bact Arthit Suriyawongkul
@thainetizen Thai Netizen Network
#RightsCon 25 March 2015
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2. 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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3. 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
• ElectronicTransaction Development Agency Bill (amendment)
• ElectronicTransaction Bill (amendment)
• Broadcasting andTelecommunication Regulator Bill (amendment)
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4. 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]
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5. 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, ElectronicTransaction 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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6. DUPLICATIONS AND
CONFLICTS
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8. CHILD PORNO EVERYWHERE
• Section 16/1 in Computer-related Crime Bill
• Incitement Bill
• Criminal Code Amendment

9. INTERMEDIARY LIABILITY
• Section 15 of Computer-related Crime Bill will
fixed it
• Section 22 of Incitement Bill will reintroduce it

10. 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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11. 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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12. 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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13. 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.
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