Government internet
"sniffing"
A violation of Thailand's own computer crime laws?
By Jon Fernquest 
Thailand
has already developed quite a reputation internationally for internet
censorship
recently.This is clear from looking at the map below prepared by Reporters Without Borders which shows countries "under surveillance" in red and "internet blackholes," the most heavily censored countries, in black which might even be called "electronic police states."
In Thailand people have been arrested recently for merely allegedly spreading rumours on the internet (Read article).
Freedom of speech on the internet has become a global issue of great importance. US Secretary of State Hillary Clinton recently gave an important speech on internet freedom (Read speech and Wikipedia).
The internet, however, has also become a popular place to commit crimes and evade detection. Police surveillance of the internet has been likened to the use of surveillance cameras to catch criminals.
Recently, con artists used Thailand as a base for swindling innocent victims in China and Taiwan (Read article). Transnational crime has also been on the rise in Thailand (Read article).
Perhaps the major concern with internet surveillance is that it might be misused by corrupt or incompetent police, military and government officials. Objections may be justified given incompetence displayed by government officials in the recent bomb detector scandal (Follow @bangkokpundit on this issue)
The current ICT Minister Ranongrak Suwanchawee has also been under constant
criticism for focusing solely on negative internet censorship and not
contributing to any positive use of the internet (Read article).In today's article an expert who helped draft the laws even states that internet sniffing would be a violation of Thailand's new computer laws.
(Photo on right of surveillance cameras which internet is likened to in the article below)
reputation - the
opinion people have of you, whether you are good or bad
censorship - when the government cuts parts out of publications, movies and other media and publications that it does not like (See Wikipedia)
internet censorship - when the government blocks and prevents public access to internet webpages (See Wikipedia)
Reporters Without Borders - a Paris-based international organization that advocates freedom of the press founded in 1985 (See Wikipedia)
electronic police state - a country or state where the police watch everything that people do via the internet, for example they even know what you are buying and what is happening in your bank account (See Wikipedia)
surveillance - the process of carefully watching a person or place การเฝ้าตรวจตราอย่างเข้มงวด
allegedly - claimed but not yet proven
rumour - a piece of information or claim that passes from person to person (word-of-mouth) without evidence to prove it (See Wikipedia)
spread rumours - tell rumours to other people, who will tell to even more people, and so on....
freedom of speech - the freedom to speak without censorship and/or limitation (See Wikipedia)
commit crimes - do or carry out an activity that is considered a crime
evade detection - prevent people from knowing what you are doing
swindling - deceive, cheat or lie to get money from someone
con artists - swindlers, criminals who cheat or scam people out of money (See Wikipedia on confidence trick)
transnational crime - when a criminal or gang engages in crime in many different countries อาชญากรรมข้ามชาติ
major concern - the thing that people are most worried about
incompetent - does not know what they are doing, does not have the necessary skills to do assigned tasks in job
objections - the reasons why people disagree
justified - when something questionable is proven right
bomb detection scandal - the recent revelation that the Thai army has been sold fraudulent bomb detectors (See major BBC story)
revelation - when you learn an important fact
fraudulent - cheating someone by lieing to them
ICT - Information and Communications Technologies, the topic of computer-based information systems, particularly software applications and computer hardware (See Wikipedia)
Ranongrak Suwanchawee - the current ICT minister (See background)
surveillance cameras - video cameras used to watch what is going on in a place to prevent theft or illegal entry, in places such as banks, casinos, airports, military installations, and convenience stores (See Wikipedia)
censorship - when the government cuts parts out of publications, movies and other media and publications that it does not like (See Wikipedia)
internet censorship - when the government blocks and prevents public access to internet webpages (See Wikipedia)
Reporters Without Borders - a Paris-based international organization that advocates freedom of the press founded in 1985 (See Wikipedia)
electronic police state - a country or state where the police watch everything that people do via the internet, for example they even know what you are buying and what is happening in your bank account (See Wikipedia)
surveillance - the process of carefully watching a person or place การเฝ้าตรวจตราอย่างเข้มงวด
allegedly - claimed but not yet proven
rumour - a piece of information or claim that passes from person to person (word-of-mouth) without evidence to prove it (See Wikipedia)
spread rumours - tell rumours to other people, who will tell to even more people, and so on....
freedom of speech - the freedom to speak without censorship and/or limitation (See Wikipedia)
commit crimes - do or carry out an activity that is considered a crime
evade detection - prevent people from knowing what you are doing
swindling - deceive, cheat or lie to get money from someone
con artists - swindlers, criminals who cheat or scam people out of money (See Wikipedia on confidence trick)
transnational crime - when a criminal or gang engages in crime in many different countries อาชญากรรมข้ามชาติ
major concern - the thing that people are most worried about
incompetent - does not know what they are doing, does not have the necessary skills to do assigned tasks in job
objections - the reasons why people disagree
justified - when something questionable is proven right
bomb detection scandal - the recent revelation that the Thai army has been sold fraudulent bomb detectors (See major BBC story)
revelation - when you learn an important fact
fraudulent - cheating someone by lieing to them
ICT - Information and Communications Technologies, the topic of computer-based information systems, particularly software applications and computer hardware (See Wikipedia)
Ranongrak Suwanchawee - the current ICT minister (See background)
surveillance cameras - video cameras used to watch what is going on in a place to prevent theft or illegal entry, in places such as banks, casinos, airports, military installations, and convenience stores (See Wikipedia)
COMPUTER-RELATED CRIME
Data-interception technology sparks privacy vs safety arguments27/01/2010
Suchit Leesa-nguansuk
Experts have raised concerns over whether using Sniffer software to resolve suspicious internet activity violates the Computer-related Crime Act B.E. 2550.
Sniffer is a combination of hardware and software to intercept data or detect data traffic in networks. Different Sniffers may have various depending on their configurationsdesignation and final usage.
interception
- the process of stopping, hitting, catching or controlling someone or
something while they are moving สกัดจับ
privacy - the freedom to do things without other people watching you or knowing what you are doing ความเป็นส่วนตัว
concerns - worries ความกังวล
Sniffer software - software used for internet surveillance
resolve - to solve a problem, or to find a satisfactory way of dealing with it แก้ไขปัญหา
suspicious - making you believe that something is wrong, dangerous or illegal น่าสงสัย
violates - broke or acted against something, especially a law, agreement, principle or something that should be treated with respect ละเมิด
combination - the mixture you get when two or more things are combined การรวมกัน
intercept - to stop and catch something or someone before they are able to reach a particular place สกัด
data - facts or information used for making calculations or decisions ข้อมูล
detect - to notice, to discover or find out พบได้, สังเกต
traffic - many things moving from one place to another place
data traffic - lots of data moving from one place to another place
network - a large system of connected parts, organisations, people, etc. เครือข่าย
networks, computer networks - a system of connected computers such as the internet (or a small "intranet" within a company)
configurations - arrangements
designation - what something is called, how it is classified
usage - the way that something is used
privacy - the freedom to do things without other people watching you or knowing what you are doing ความเป็นส่วนตัว
concerns - worries ความกังวล
Sniffer software - software used for internet surveillance
resolve - to solve a problem, or to find a satisfactory way of dealing with it แก้ไขปัญหา
suspicious - making you believe that something is wrong, dangerous or illegal น่าสงสัย
violates - broke or acted against something, especially a law, agreement, principle or something that should be treated with respect ละเมิด
combination - the mixture you get when two or more things are combined การรวมกัน
intercept - to stop and catch something or someone before they are able to reach a particular place สกัด
data - facts or information used for making calculations or decisions ข้อมูล
detect - to notice, to discover or find out พบได้, สังเกต
traffic - many things moving from one place to another place
data traffic - lots of data moving from one place to another place
network - a large system of connected parts, organisations, people, etc. เครือข่าย
networks, computer networks - a system of connected computers such as the internet (or a small "intranet" within a company)
configurations - arrangements
designation - what something is called, how it is classified
usage - the way that something is used
It is suggested that the technology should only be used for data interception where there is a strong legal case for suspicion, rather than detecting all traffic, which would violate data privacy
The ICT Ministry considers Sniffer to be one method in the cabinet's resolution to reduce the piracy of intellectual property in Thailand.
suspicion
- a feeling that something bad is probably true or likely to happen
ความสงสัย
violate - to do something that is against a law, rule or agreement ฝ่าฝืนกฎหมาย, ละเมิดกฏหมาย
one - sided (of a competition) a situation where one competitor or team easily defeats another ชนะอย่างง่ายได้
resolution - an official decision that is made after a group or organisation have voted มติ
piracy - the act of copying and selling illegal copies การละเมิดลิขสิทธิ์
a pirate - someone without the right to sell who sells DVDs, software, video tapes, or luxury brands ผู้ละเมิดลิขสิทธิ์
pirated products, pirated goods - illegal cheap copies and imitations of valuable goods สินค้าของปลอมที่ผลิตเลียนแบบสินค้าแบรนด์เนม
intellectual property (IP) - property rights created through the (intellectual) discovery efforts of a creator that are protected under patent, trademark, copyright, and trade secret laws (See Wikipedia) กฎหมายลิขสิทธิ์
violate - to do something that is against a law, rule or agreement ฝ่าฝืนกฎหมาย, ละเมิดกฏหมาย
one - sided (of a competition) a situation where one competitor or team easily defeats another ชนะอย่างง่ายได้
resolution - an official decision that is made after a group or organisation have voted มติ
piracy - the act of copying and selling illegal copies การละเมิดลิขสิทธิ์
a pirate - someone without the right to sell who sells DVDs, software, video tapes, or luxury brands ผู้ละเมิดลิขสิทธิ์
pirated products, pirated goods - illegal cheap copies and imitations of valuable goods สินค้าของปลอมที่ผลิตเลียนแบบสินค้าแบรนด์เนม
intellectual property (IP) - property rights created through the (intellectual) discovery efforts of a creator that are protected under patent, trademark, copyright, and trade secret laws (See Wikipedia) กฎหมายลิขสิทธิ์
However, there are objections to Sniffer in the cyber community to due to concerns it will violate their privacy, including an official "Thailand No Sniffer" Facebook group.
Ajin Jirachiefpattana, Executive Director, ICT Industry Promotion Bureau, said there is a plan to ask internet service providers to implement Sniffer to intercept all data traffic for analysing the transfer of potentially suspicious data.
objections
- feeling or expressing opposition to or dislike of something or
someone การไม่เห็นด้วย
community - a group of people sharing the same interests or living in the same area
due to - because of
concerns - issues or things that you are worried about
violate privacy -
Facebook - a popular "social networking" site where people socialize, exchange information and meet new people (See Wikipedia)
Facebook group - a group of friends or people with the same interests on Facebook
implement - to make something such as an idea, plan, system or law start to work and be used นำมาใช้ นำ แผนหรือนโยบายมาปฏิบัติ
transfer - to move someone or something from one place, vehicle, person or group to another ย้าย
potentially - possible in the future ที่อาจเกิดขึ้นได้, เป็นไปได้
community - a group of people sharing the same interests or living in the same area
due to - because of
concerns - issues or things that you are worried about
violate privacy -
Facebook - a popular "social networking" site where people socialize, exchange information and meet new people (See Wikipedia)
Facebook group - a group of friends or people with the same interests on Facebook
implement - to make something such as an idea, plan, system or law start to work and be used นำมาใช้ นำ แผนหรือนโยบายมาปฏิบัติ
transfer - to move someone or something from one place, vehicle, person or group to another ย้าย
potentially - possible in the future ที่อาจเกิดขึ้นได้, เป็นไปได้
Using Sniffer to intercept data in the public internet is similar to CCTV in public areas in that it aids the police in their attempts to create and maintain safer environments. Sniffer offers a proactive way to identify and monitor suspicious websites showing unusual traffic patterns.
Under the current system, the authority has to ask for court approval to take down suspicious sites, which it more of a reactive approach.
CCTV (Close Circuit TV), security
camera - video cameras used to watch what is going on in
a place, to prevent theft or illegal entry, in places such as banks,
casinos, airports, military installations, and convenience stores (See Wikipedia)
maintain - to keep รักษา
identify - to recognise something and understand what it is ชี้ ระบตัวุ
monitor - to regularly check something or watch someone in order to find out what is happening ตรวจสอบ ตรวจตรา เฝ้าจับตาดู ติดตาม, เฝ้าสังเกต
current - of the present time ปัจจุบัน
authority - power อำนาจ
approval - official permission การอนุมัต
court approval - when a court of law says it is ok to do something (making it legal to do)
take down sites - remove a website from the internet
approach - a way of doing or dealing with something การจัดการกับปัญหา
reactive approach - doing something only after an event happens (opposite: proactive = doing something before an event happens)
maintain - to keep รักษา
identify - to recognise something and understand what it is ชี้ ระบตัวุ
monitor - to regularly check something or watch someone in order to find out what is happening ตรวจสอบ ตรวจตรา เฝ้าจับตาดู ติดตาม, เฝ้าสังเกต
current - of the present time ปัจจุบัน
authority - power อำนาจ
approval - official permission การอนุมัต
court approval - when a court of law says it is ok to do something (making it legal to do)
take down sites - remove a website from the internet
approach - a way of doing or dealing with something การจัดการกับปัญหา
reactive approach - doing something only after an event happens (opposite: proactive = doing something before an event happens)
However, using this technology requires co-operation from ISPs to set up Sniffer at their gateway, and the ICT Ministry has to ask the NTC for help in issue policy mandates to compel ISPs under their license to Act on this.
The ICT Ministry has a 120-million-baht budget for technology investment to correctly and analyse internet data which may harm national security, but this money cannot be put to use if we cannot use Sniffer," said Ajin
co-operation (noun) - the
act of working with other people to
help them achieve a goal การทำงานเป็นทีม
ISPs - Internet Service Providers, a company that provides access to the internet (See Wikipedia)
set up X - create and arrange X for the first time
gateway - a place on a computer network that connects with other networks (See Wikipedia)
issue - officially announced ออกประกาศ
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย
mandates - having the power and authority to carry out a policy or do a task
compel - to force someone to do something บังคับ
budget - an amount of money able to be spent on something งบประมาณ
harm - damage ความเสียหาย
national - a citizen of a particular country ประชาชน
security - the need to provide safety from attack, harm or damage ความปลอดภัย
ISPs - Internet Service Providers, a company that provides access to the internet (See Wikipedia)
set up X - create and arrange X for the first time
gateway - a place on a computer network that connects with other networks (See Wikipedia)
issue - officially announced ออกประกาศ
policy - a set of plans or action agreed on by a government, political party, business, or other group นโยบาย
mandates - having the power and authority to carry out a policy or do a task
compel - to force someone to do something บังคับ
budget - an amount of money able to be spent on something งบประมาณ
harm - damage ความเสียหาย
national - a citizen of a particular country ประชาชน
security - the need to provide safety from attack, harm or damage ความปลอดภัย
Morakot Kulathamyotin, chair of the Thai Internet Association, said the association still has not been formally acknowledged by the ICT Minister, although as a commercial company they do everything to comply with the law.
In terms of technical perspective, there is a big barrier to establishing sufficient machine capacity to monitor and store all data traffic without slowing down network speed.
acknowledge - accept
and admit that something is true or exists
formally acknowledged - a person with authority (speaking for the government, for example) accepts and admits some fact as true
commercial - for business purposes
comply - to obey a rule or a law การปฏิบัติตามกฎ
terms - conditions; requirements ข้อกำหนด
perspective - a particular way of considering something ทัศนคติ
barrier - anything that prevents people from being together or understanding each other อุปสรรค
sufficient - enough เพียงพอ
capacity - the amount of something that can be produced ความสามารถในการ (ผลิต)
formally acknowledged - a person with authority (speaking for the government, for example) accepts and admits some fact as true
commercial - for business purposes
comply - to obey a rule or a law การปฏิบัติตามกฎ
terms - conditions; requirements ข้อกำหนด
perspective - a particular way of considering something ทัศนคติ
barrier - anything that prevents people from being together or understanding each other อุปสรรค
sufficient - enough เพียงพอ
capacity - the amount of something that can be produced ความสามารถในการ (ผลิต)
You could think of using Sniffer as similar to setting up police checkpoints on the roads, which makes traffic slow down," said Morakot
She continued that normal procedure is for police to apply for search warrants once they suspect a website of publishing illegal content, although logistically it is impossible to search every suspect's address. They must also obtain court orders before they can block websites. ISPs do already co-operate in these efforts under the Computer-related Crime Act and Securities and Exchange
police checkpoints - a
place on the road where the police stop cars and trucks and check them
for illegal things such as drugs
procedure - a way of doing something ขั้นตอนการดำเนินการ
apply - to make use of something นำมาใช้
search - to look somewhere carefully in order to find something ค้นหา
suspect - a person thought to have committed a crime ผู้ต้องสงสัย
illegal - against the law ผิดกฎหมาย
content - the subject, ideas, or story that a piece of writing or a radio or television programme deals with เนื้อหา,สาระ
address - a place where a person lives
obtain court orders - get a court of law to force people to do something
block - to stop something from moving through something ปิดกั้น, กีดขวาง
block websites - prevent people in an area, country or computer network from accessing and looking at a website
Computer-related Crime Act - Thailand's new 2007 law on cyber crime (See translation andsummary)
procedure - a way of doing something ขั้นตอนการดำเนินการ
apply - to make use of something นำมาใช้
search - to look somewhere carefully in order to find something ค้นหา
suspect - a person thought to have committed a crime ผู้ต้องสงสัย
illegal - against the law ผิดกฎหมาย
content - the subject, ideas, or story that a piece of writing or a radio or television programme deals with เนื้อหา,สาระ
address - a place where a person lives
obtain court orders - get a court of law to force people to do something
block - to stop something from moving through something ปิดกั้น, กีดขวาง
block websites - prevent people in an area, country or computer network from accessing and looking at a website
Computer-related Crime Act - Thailand's new 2007 law on cyber crime (See translation andsummary)
Sujate Jantarang, President, Mahanakorn University of Technology, who is a law and technology expert who previously worked in revising the Computer-related Crime Act law, said if the ICT Ministry used Sniffer or other data-interception technology, the government would be in violation of the Computer Related Crime ACT B.E. 2550, section 8
This is because if data which is not for public use is intercepted and sent into the computer system, the government action will be deemed to have acted illegally.
There needs to be a balance of freedom and duty. If we are comparing Sniffer with CCTV, then consider that CCTV should only be used in front of the house and is now allowed to zoom inside the house, as that would violate privacy," said Sujate.
Any misuse of private data, especially banking information, could damage Thailand reputation and economy.
revising - rewriting
and improving
violation - the breaking of a rule or a law การฝ่าฝืน
deemed - considered เห็นว่า ถือว่า
duty - something that you have to do because it is part of your job, or something that you feel is the right thing to do หน้าที่, ความรับผิดชอบ
misuse - to use something in an unsuitable way or in a way that was not intended ใช้ในทางที่ผิด
reputation - the opinion people have about how good or bad someone or something is ชื่อเสียง, ความนับหน้าถือตา
violation - the breaking of a rule or a law การฝ่าฝืน
deemed - considered เห็นว่า ถือว่า
duty - something that you have to do because it is part of your job, or something that you feel is the right thing to do หน้าที่, ความรับผิดชอบ
misuse - to use something in an unsuitable way or in a way that was not intended ใช้ในทางที่ผิด
reputation - the opinion people have about how good or bad someone or something is ชื่อเสียง, ความนับหน้าถือตา
Today's process is already quick to enforce, because the court can issue warrants in 24 hours," he emphasised.
A security expert source said other countries the United States also uses the lawful interception model in its Communications Assistance for Law Enforcement Act (CALEA) , and makes clear that telecommunications carriers have a duty to co-operate in the interception of communications for law enforcement purposes.
CALEA's purpose is to enhance the ability of law enforcement and intelligence agencies to conduct electronic surveillance by requiring that telecommunications carriers and manufacturers of telecommunications equipment modify and design their equipment, facilities, and services to ensure that they have built-in surveillance capabilities.
process
- a series of actions that you take in order to achieve a result
แนวทางปฏิบัติ, กระบวน, วิธีการ
enforce - to make sure laws are obeyed
source - someone who gives information แหล่งข่าว
Communications Assistance for Law Enforcement Act (CALEA) - a US law passed in 1994 that requires telecommunications companies to provide surveillance capability to law enforcement (See Wikipedia)
surveillance - the process of carefully watching a person or place การเฝ้าตรวจตราอย่างเข้มงวด
enforcement - the process of making sure that something happens, especially that people obey a law or rule การบังคับใช้กฎหมาย
law enforcement - policing activity, making sure that those who broke the law are caught, tried and punished (See Wikipedia)
enhance - to improve the quality, amount or strength of something ทำให้ดีเพิ่มขึ้น, ปรับปรุง, ทำให้ดีขึ้น, เสริม ยกระดับ เพิ่มทวี
intelligence - information collected about the secret plans of an enemy, criminal organisations, competitors, etc. ข่าวกรอง ข้อมูลลับ
conduct - to do something in an organised way; to carry out
facilities - the buildings, equipment and services provided for a particular purpose สิ่งอำนวยความสะดวก
ensure - to make certain that something happens or is done รับรอง ให้ความมั่นใจ ให้การยืนยัน ย้ำ
built-in - included in equipment or a machine when it is manufactured or built
capabilities - things that a person, machine or organization can do
built-in surveillance capabilities - when a machine can watch what people are doing
enforce - to make sure laws are obeyed
source - someone who gives information แหล่งข่าว
Communications Assistance for Law Enforcement Act (CALEA) - a US law passed in 1994 that requires telecommunications companies to provide surveillance capability to law enforcement (See Wikipedia)
"CALEA's purpose is to
enhance the ability of law enforcement and intelligence agencies to
conduct electronic surveillance by requiring that telecommunications
carriers and manufacturers of telecommunications equipment modify and
design their equipment, facilities, and services to ensure that they
have built-in surveillance capabilities, allowing federal agencies to
monitor all telephone, broadband internet, and VoIP traffic in
real-time."
surveillance - the process of carefully watching a person or place การเฝ้าตรวจตราอย่างเข้มงวด
enforcement - the process of making sure that something happens, especially that people obey a law or rule การบังคับใช้กฎหมาย
law enforcement - policing activity, making sure that those who broke the law are caught, tried and punished (See Wikipedia)
enhance - to improve the quality, amount or strength of something ทำให้ดีเพิ่มขึ้น, ปรับปรุง, ทำให้ดีขึ้น, เสริม ยกระดับ เพิ่มทวี
intelligence - information collected about the secret plans of an enemy, criminal organisations, competitors, etc. ข่าวกรอง ข้อมูลลับ
conduct - to do something in an organised way; to carry out
facilities - the buildings, equipment and services provided for a particular purpose สิ่งอำนวยความสะดวก
ensure - to make certain that something happens or is done รับรอง ให้ความมั่นใจ ให้การยืนยัน ย้ำ
built-in - included in equipment or a machine when it is manufactured or built
capabilities - things that a person, machine or organization can do
built-in surveillance capabilities - when a machine can watch what people are doing
(Source: COMPUTER-RELATED CRIME, Data-interception technology sparks privacy vs safety arguments, 27/01/2010, Suchit Leesa-nguansuk, link)
