8. Police officers are equally empowered just as competent officers of CCA

ETDA's Draft CCA as of 2013: Imprisonment terms imposed on file copying and possession of child pornography

เมื่อ 9 พ.ค. 2556

8. Police officers are equally empowered just as competent officers of CCA

                  2007 CCA                   

Draft CCA as of April 2013

-None -


Article ... To aid the investigation when it is credible that an offence under Article has been made... (information pertaining to an offence against national security) or Article ... (information that might compromise national security) or an offence involved with the use of computer system, computer data or any device for data storage regardless if the offence is related to any laws, the administrative officers or high ranking police officers according to the Criminal Procedure Code or competent officer of other applicable laws shall proceed as provided for by the Act and as necessary to obtain evidence to prove the commission of the offence and to identify the perpetrator and shall be empowered as provided for by Articles... (1) (2) and (3) (power of competent officer of CCA), or if they are unable to carry out the duty, they may request for help from competent officer.


To aid the act in the first paragraph, and if it is necessary to carry out duties as per Articles... (4) (5) (6) (7) or (8) (power of competent officer of CCA) , they may request for help from competent officer.

A common problem in computer related cases is police refuse to accept a complaint related to computer crime claiming that they have no authorities like the competent officers as per CCA.

Thus, the ETDA draft law adds one more Article to empower law enforcement officers of other applicable laws, not just the CCA competent officers, to contact service provider and request for log files. If the officers want to do more including copying the information, withholding or seizing computer, inspecting computer data, or hack into the system,  they may request for help from competent officer as per CCA in compiling evidence.

The draft provision may address the problem that police refuse to receive complaints, but it will increase burden of service providers.  As of now, the CCA competent officers tend to contact service providers individually, either verbally or in written from. If the provision is enforced, service providers will have to find way to cooperate with more requests made by the police and other law enforcement officers.