WEEK 7 GTS231 Law and Technology PDF

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 7: COMPUTER & CYBER CRIME – PART I Week 7: Outline Introduction to Computer and Cyber Crime Criminal Liability...

GTS231 L A W A N D T E C H N O L O G Y S E M E S T E R I / 2 0 2 4 DR.SOMRUDEE DEEPAISARN SCHOOL OF ICT @ SIIT WEEK 7: COMPUTER & CYBER CRIME – PART I Week 7: Outline Introduction to Computer and Cyber Crime Criminal Liability criminal section su code. & Definitions (e.g. intention, negligence) Attempt of Commitment Legal Terms: Persons involved in a crime Thai Computer-related Crime Act Offences of putting certain types of information into a computer system Definitions 2 INTRODUCTION TO COMPUTER & CYBER CRIME Computer, Crime and The Law Criminals can use a computer as a tool for committing a crime. prevent further crime Current criminal law code may not be fully applicable to computer- related crime. punish wim to civil e sure , Through the process of law legislation, establishment of a special act is required to define such crimes and the consequent liability and punishment. In Thailand, we have Thai Computer-related Crime Act (to be discussed). 4 Importance of Computer Crime Law Components - 1 1 Whoever c persons 2 Takes away moves.. 3 Thing tangible property. Of 4 another person or Examples of physical vs. digital scenarios: that another person oo-own Sintention internal prop is Section 334 Criminal Co Offence , Physical case: Charge of theft is applied to the taking away of tangible property. thing object dimunion space , mutter Such properties are, for example, smartphone, laptop computer, bank notes, etc. tangible property not Digital case: The criminal who copies data in the form of digital information only gets an imitation of digital file. 5  Invent special law Unique Characteristics of Computer Crime Law Computer crime laws need the following unique characteristics: Enables investigations, searching and collecting electronic evidence. Ensure security and stability in the information technology society. 6 Computer and Cyber Crime Offender has an intention to cause damage to…. - Digitally damage computer data and computer systems: Confidentiality Security Integrity Availability - Physically attack the computer data or systems. 7 CRIMINAL LIABILITY Criminal Liability Criminal Law Code of Thailand Section 59: (Paragraph 1) A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally. 9 Definition: To Commit an Act Intentionally Criminal Law Code of Thailand what doing awake know , Section 59: (Paragraph 2) To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing. offence of murder 2.1 & don't 2. 2 kill know what doing but know effect Ex. play with you a can people 10 Definition: To Commit an Act by negligence Criminal Law Code of Thailand Section 59: (Paragraph 4) To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently. 8 => didn't driver over limit a person cross rond- coach - die commit murder with negligence 11 Definition: An Act Criminal Law Code of Thailand Section 59: (Paragraph 5) An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence. 12 Attempt of Commitment Criminal Law Code of Thailand commit but not finish = attempt to commit -2/2 punishment Section 80: (Paragraph 1) Whoever commences to commit an offence, but does not carry it through, or carries it through but does not achieve its end, is said to attempt to commit an offence. (Paragraph 2) Whoever attempts to commit an offence shall be liable to two-thirds of the punishment as provided by the law for such offence. 13  Persons Involved in a Crime Principals Instigator Legal Terms Supporter 14 Principals Criminal Law Code of Thailand Section 83: In case of any offence is accrued by commission of the person as from two persons upwards, such accomplices deemed to be principals shall be punished as provided by the law for such offence. Principals : plan and commit a crime together. They share intention. 15 Instigator Criminal Law Code of Thailand Section 84: (Paragraph 1) Whoever, whether by employment, compulsion, threat, hire, asking as favor or instigation, or by any other means, causes another person to commit any offence is said to be an instigator. 16 Supporter Criminal Law Code of Thailand Section 86: Whoever does for any reason whatsoever as giving assistance or facility to any other person committing an offence before or late time of committing the offence, even though such assistance or facility is not known by the offender, such assistant deemed to be a supporter in committing such offence shall be punished by two-third of the punishment as provided for such offence. 17  THAI COMPUTER- RELATED CRIME ACT  Thai Computer-related Crime Act Thai Computer-related Crime Act B.E. 2550 (2007) The Act Amending Thai Computer-related Crime Act B.E. 2560 (2017) Where some sections are… Added Repealed Replaced Like other laws, computer law needs to be updated in order to prevent and suppress possible offences. This is due to rapid changes in technology which cause new and more complex forms of offences. 19  Section 3: Definitions Computer system, computer data, traffic data, service provider, user, competent official, minister. Thai Computer- Computer- related Offences Section 5 – 17: ~ section (see later slides in this and the next lectures) related Crime Act Competent Section 18 – 30: Officials e.g. power of competent officials, enforcement. 20  Computer-related Offences [ Unauthorized access to computer system Unauthorized access to computer data Disclosure of security measures Interference with computer system Interference with computer data Illegal interception Dissemination of malicious codes or programs C Putting certain types of information into a computer system Editing other person’s picture Spam 21  AAAAA JUM ? 8 Computer-related Offences: Putting Certain Types of Information into a Computer System Thai Computer-related Crime Act B.E. 2550 and The Act Amending Thai Computer-related Crime Act B.E. 2560 subsection ① criminally 3 Section 14: (Paragraph 1) Whoever commits the following offences shall be liable to an imprisonment for a term not exceeding five years, or a fine not exceeding One Hundred Thousand Baht or both. ② ② (1) Dishonestly or by deception, entering wholly or partially distorted or false computer data into a computer system① in a manner likely to cause damage to the general public; which is not a defamation ③ under the Criminal Code; + intentive (2) Entering false computer data into a computer system in a manner which is likely to cause damage to & the protection of national security, public safety, economic safety of the Kingdom of Thailand, infrastructures which are for public benefit; or to cause panic to the general public; + intention (3) Entering into a computer system, any computer data which is an offence related to national security of the Kingdom of Thailand or related to terrorism under the Criminal Code; + intention & (4) Entering any obscene data into a computer system which could be accessed by the general public; or ↓ bintention (5) Disseminating or forwarding computer data despite knowing of the fact that it is computer data under (1), (2), (3), or (4) above. 22 Computer-related Offences: Putting Certain Types of Information into a Computer System (continue) Section 14: (Paragraph 2) In case the offence under Paragraph one (1) is not committed against the general public but rather against a certain person, the offender, the disseminator or the forwarder of such computer data shall be liable to an imprisonment for a term not exceeding three years, a fine not exceeding Sixty Thousand Baht or both; and such offence shall be deemed a compoundable offence. & injured can choose to sue or not person 23 Definitions Thai Computer-related Crime Act B.E. 2550 and The Act Amending Thai Computer-related Crime Act B.E. 2560 Section 3: In this Act: “computer system” means any device or a group of interconnected or related devices, one or more of which pursuant to a program or instruction or anything else, performs automatic processing of data. “computer data” means information, messages and concepts or instruction, a program or anything else in a form suitable for processing in a computer system and shall include electronic data under the law on electronic transaction. “traffic data” means any data relating to communication by means of a computer system, indicating the communication’s origin, destination, route, time, date, size, duration, type of underlying service, or other information relating to communication of such a computer system. 24 Definitions (continue) “service provider” means: (1) a person who, either in his own name or in the name or for the benefit of another person, provides to other persons with access to the internet or the ability to communicate by other means through a computer system. (2) a person who stores computer data for the benefit of other persons. 25 Definitions (continue) “user” means a person who uses the service of the service provider regardless of whether with or without pay. “competent official” means a person appointed by the minister for the execution of this Act. “Minister” means the Minister having charge and control of the execution of this Act. 26 References LAW: Digital Information, Business and Legal English, Chapter 11, by W. Neitivanich et al. Law Re Computer-related Offences, Chapter 1, Nititham Publishing House, by S. Praneetpolgrung. 27