Legal Measures to Prevent and Suppress Technological Crimes: Case Study of Account Freezing and Determining the Liability of Employers and Mule Account Users

Abstract

This article aims to 1) study the concepts, theories, and works related to legal measures; 2) study the factual problems and legal problems regarding legal measures to freeze and determine the liability of users of mule accounts in the Kingdom of Thailand; and 3) study, analyze, and compare the laws of the Kingdom of Thailand with the laws of other countries; and 4) apply appropriate legal measures of the country to the laws of the Kingdom of Thailand. This is a qualitative research by studying legal documents, academic texts, articles, and electronic media, along with group discussions and in-depth interviews with experts. The study found that there are factual problems and legal problems as follows: 1. In the Kingdom of Thailand, there is no policy or method for preventing private malware viruses. Therefore, there should be a policy or method for preventing private malware viruses according to the guidelines of the United States of America law. 2. There is no technology or program to detect malware. Therefore, technology or program to detect malware should be used according to the guidelines of the Republic of Singapore. 3. Account freezing while knowing about the theft by yourself should have a method for freezing the account by yourself. 4. There is no provision for the liability of the owner of the mule account or the real user of the mule account. Therefore, there should be a law to provide a penalty for compensating the state or the victim according to the principles of the United States and the French Republic to be consistent with the principles of cybersecurity and the principles of crime. Computer crime principles and criminal liability principles, which will make the prevention and suppression of technological crimes more successful and can solve problems more seriously. Knowledge from this research is a guideline for amending the Cyber ​​Security Act of 2019 by setting policies or methods for preventing malware viruses by having cooperation or integration between government agencies, the public and private sectors in creating plans for preventing malware viruses.