PROBLEMS AND OBSTACLES OF LAWS ANDPOLICIES RELATED TO THE PREVENTION AND SUPPRESSION ON TECHNOLOGICAL CRIMES.

Abstract

The objective of this research is to study the problems and obstacles of laws and policies related to the prevention and suppression on technological crimes and to compare laws and policies related to the measures to prevent and suppress technological crimes in Thailand and abroad in order to adopt research results to improve and solve legal and policy problems related to the measures to prevent and suppress technological crimes of various agencies involved. Documentary research was studied from research articles, academic articles that have been published, and publications of government agencies regarding laws/policies to prevent and suppress technological crimes problems according to orders appointed and of the government consisting of the Ministry of Digital Economy and Society (MDES), the Royal Thai Police, the Department of Special Investigation (DSI), the Police Headquarters for Technology Crimes Investigation Bureau including the concepts and theories related to the problems and obstacles on various laws and policies adopted to prevent and suppress technological crimes of involved agencies.

Results of the study show that the problems encountered in the enforcement of the law by officials related to the Computer Crime Act (No. 2) B.E. 2560 (2017) are: 1) The definition of the term "spam" is not defined, it only specifies two types of electronic mail: 1. relationship or transactional mail and 2. commercial electronic mail. 2) The interpretation and enforcement of the law in the case of importing computer data into a computer system prohibited under Section 14 has different elements of the offense. According to the Convention on Cybercrime, the input of computer information is one of the elements of the offense, but the law does not focus on the content elements of the data, instead it focuses on criminalizing actions against the computer systems. Therefore, it does not cover the dissemination of false information content in other dimensions that are not related to property exploitation which in Thailand, it is defined as an offense and a penalty if it is imported into the computer system. Computer information that is false and likely to cause damage to a computer system specially protected, the law does not specify a definition of the words that are the elements of an offense, thus resulting in different interpretations by law enforcement.