By Courtney Tsao
Staff Writer
The enactment of Thailand’s new cybersecurity bill sparked controversy in the U.S. and other countries after their military-appointed Parliament unanimously passed the Cybersecurity Act on Feb. 28. Thailand’s National Cybersecurity Committee (NCSC) and other state cyber agencies now have the power to seize and collect private data without a court order.
Dubbed as the “cyber martial law” by internet freedom activists, the legislation also gives the Cybersecurity Regulating Committee the privilege to enter private property and detain individuals under suspicion in response to any cyber threats. The NCSC is at liberty to have extensive access to “computer data and networks, make copies of information, and seize computers or any devices,” according to Reuters, an international news website.
In times of a cybersecurity situation reaching its critical threshold, the National Security Council is allowed to overrule all policies to identify and resolve the threat as soon as possible, as stated by Thailand’s Parliament. Refusal to comply with government orders will result in criminal penalties.
Many other internet companies and civil liberties advocates have expressed concern in regards to the possible misuse of power, and have stressed the fact that the enactment of the bill will discourage any foreign businesses in Thailand.
“The law’s ambiguously defined scope […] and lack of safeguards raises serious privacy concerns for both individuals and businesses, especially provisions that allow overreaching authority to search and seize data […] without proper legal oversight,” said Jeff Paine, managing director of the Asia Internet Coalition.
Despite the threat to privacy and cautionary compliance liabilities companies might face, the Parliament remains firm in executing the act.
Program manager Yingcheep Atchanont of a campaign group that advocates for freedom of expression, iLaw, suggested that this bill may be a way for the Parliament to commit mission creep, a gradual shift from a legislation’s original intent in order to result in long-term commitment. A change in the way the government uses the act may allow cyber agencies to further exercise their privilege to take severe action against any questionable online content.
Atchanont stated that, due to the Thai Parliament’s hold over online traffic, they may use the cybersecurity act to justify and counter online criticisms and claim it as a cyber attack against the government. An example is how criticizing the monarchy is illegal and citizens may be jailed for any defaming comments on social media.
Although the bill is viewed as controversial, chairman Saowanee Suwannacheep of the parliamentary committee claimed that it is “crucial to help Thailand keep up with neighbors and the world.”
TechCrunch has also reported that Thailand’s neighboring country, Vietnam, recently passed a new internet law that prohibits social media users from spreading any information or organizing groups that would threaten the progression and unity of the nation.