LEGAL PROBLEMS OF THE DETERMINATION OF OFFENSES CONCERNING COMPUTER ACCESS ACCORDING TO COMPUTER CRIME ACT B.E. 2550 (2007) AND AMENDMENT (NO. 2) B.E. 2560 (2017)

Abstract

          This article were to study 1) the concepts and theories regarding determination of offenses concerning computer access according to the Computer Crime Act B.E. 2550 (2007) and Amendment (No. 2) B.E. 2560 (2017), 2) the legal measures relating to the committing of computer-related offenses regarding computer access, 3) analyze legal problems relating to the determination of offenses concerning computer access, and 4) propose guidelines for solving problems and suggesting solutions for the determination   of offenses regarding computer access. This qualitative research was conducted by searching data from documents. The study found that legal problems of the determination of offenses comprised the Computer Crime Act B.E. 2550 (2007) and Amendment (No. 2) B.E. 2560 (2017) 1) boundary issues and law enforcement concerning messages imported into fake computer systems And false computer data the provisions of the law do not explain and give examples of false computer data. 2) Problems of interpretation regarding the definition of offenses. Fake computer data or false information which does not have provisions that support the offense of copying or copying computer data, and 3) Legal problems relating to the submission of false, deceptive and obscene information. The provisions of the law do not define the term "obscene" to cause interpretation and it is difficult to consider whether it was a mistake or not. Guidelines for solving problems on the Computer Crime Act the provisions of the law should be added to be clear such as; specifying the nature and behavior of the offense, including the offenses that occur in the future by using foreign law as a guideline and amend the penalty rate to be appropriate.