There can be no surprise that the draft cybersecurity bill proposed by the puppet National Reform Steering Assembly is considered by almost everyone as illegal.
But illegality seldom bothers the military dictatorship which simply transforms the illegal to legal. It has a puppet National Legislative Assembly that can be told to change any law it wants; it can order it to make laws.
The proposal is to allow the junta and any following governments to snoop on citizens and their internet, social media and other forms of communication activities without a court order.
The junta can already do this using Article 44 which “grants authority to officials in cases of emergency that would create ‘significant damages’ without immediate action.” As the report explain:
In such cases, the officials have the authority to gain access to information on communications, either by post, telephone, fax, computer, any tool or instrument for electronic media communication or telecommunications, or take any measures for the maintenance of cybersecurity with the approval of the National Cybersecurity Committee (NCSC), and then report the action to the courts.
The bill currently proposed “is an amendment to the original version drafted by the Ministry of Digital Economy and Society (DE) and endorsed last year by the cabinet.”
There’s no detailed definition of “significant damages” and the “the draft is too broad and subject to interpretation…”. That’s according to Dhiraphol Suwanprateep, a partner in the intellectual property practice at Baker McKenzie.
The bill promises that the “authorities” will be free of any judicial review, even though such reviews are weak and malleable.