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Cablegate: Request for U.S. Speaker for Dvc On Delineation of Legal

VZCZCXRO3645
RR RUEHCHI
DE RUEHBK #1942/01 0932337
ZNR UUUUU ZZH
R 032337Z APR 07
FM AMEMBASSY BANGKOK
TO RUEHC/SECSTATE WASHDC 6016
INFO RUEHCHI/AMCONSUL CHIANG MAI 3385

UNCLAS SECTION 01 OF 02 BANGKOK 001942

SIPDIS

STATE FOR IIP/G/EAP (EKENEALY); INFO EAP/PD (JDAVIES, DFIRESTEIN)

SIPDIS

E.O. 12958: N/A
TAGS: OIIP KPAO TH
SUBJECT: REQUEST FOR U.S. SPEAKER FOR DVC ON DELINEATION OF LEGAL
AUTHORITY FOR CYBER CRIME LAW ENFORCEMENT

1. Program Description: A 120 minute-long digital video conference

2. Date and Time of Program: APRIL 23, 2007, 9:00-11:00PM EST (APRIL
24, 8:00-10:00AM Bangkok time)

3. Background: In January 2007, Thailand's National Legislative
Assembly (NLA) approved for consideration a Cyber Crime Bill, which
is currently under scrutiny of the Special Committee appointed by
the NLA. The main purpose of this review is to amend some legal
concepts and to make it much more practical and efficient in taking
legal action against cyber crime perpetrators. The Cyber Crime Bill
will establish criteria to determine criminal offenses committed by
cyber crime perpetrators; establish a special cyber cop agency or
entity to enforce this law by giving it more power to compile
electronic evidence sent via the Internet and by electronic devices;
and empower the State through the Ministry of Information and
Communications Technology (MICT) under the court' s review to block
or close websites which display content illegal under Thai law, such
as pornography, terrorist support, and contempt of the King.
Currently there is no law enabling the government to order Internet
Service Providers (ISPs) to close websites containing this sort of
content. The MICT makes formal requests of Internet service
providers to block websites "voluntarily".

The cyber crime law will formalize current blurred lines of cyber
crime investigation oversight and cyber crime law enforcement
authority among Thai Government bodies. There remains substantial
debate among the Thai drafters on how the Thai government should
organize itself internally to deal with the investigative, law
enforcement, and judicial roles it will be taking on.

The Members of the Special Committee are now studying problems,
solutions and experiences of U.S. federal, state, and local
authorities in enforcing cyber crime laws in the US, especially
during the initial period when the FBI, local police, sheriffs or
magistrate courts first started cooperating on these issues. The
Special Committee is also interested in learning about U.S.
experience in arresting hackers (such as Kevin Mitnick) and about
computer forensics data compilation from online service providers
(OSPs), Internet service providers (ISPs) and telecom operators,
before passing this Bill to the NLA for further promulgation.

This is the second of what will be a three-part DVC series. The
first DVC on Internet Censorship and Regulation took place March 15,
2007. A speaker request for our third DVC on Computer Forensics will
follow SEPTEL.

4. Purpose of Program:
a) To explain the interrelationships and legal lines of authority
among federal, state, and local law enforcement bodies and the
courts, with emphasis on fighting cyber crimes;
b) To be a resource to the Thai cyber crime bill drafting committee
in its deliberations over the legal and administrative purview of
the proposed Cyber cop authority;
c) To encourage coverage of this issue by Thai media

5. Type of Speaker Requested: The drafting committee is looking to
the U.S. experience for information on how USG (federal) law
enforcement branches like the Departments of Justice and Homeland
Security, and state and local law enforcement officials cooperate
and work with the courts to bring cyber crime perpetrators to
justice. Post seeks a legal expert with both experience in cyber
crime prosecution and a law enforcement background who is also very
familiar with the administrative and legal authority of federal,
state, and local law enforcement officials in the U.S. This person
should be knowledgeable about any problems of jurisdiction that have
arisen in the establishment of these lines of authority in the U.S.,
particularly since the establishment of the Department of Homeland
Security and passage of the U.S. Patriot Act, and how they were
resolved. Some knowledge of Thailand and recent political
developments would be useful but not required.

6. Anticipated Audiences: Panelists will be members of the cyber
crime bill drafting committee; the Minister of Information and
Communications Technology, who chairs the drafting committee, will
be invited. About 15-20 people in all, including academicians and
select members of the local media, are expected to attend.
Simultaneous English-Thai translation will be provided.

7. Funding: All speaker costs will be covered by Post's program
funds.

8. Program Contact Information:
a) Program Officer:
Mr. William Flens
Public Diplomacy Officer
Tel: (66-2) 205-4849; Fax: (66-2) 650-8924
Mobile: (66-81) 174-9012
E-mail: Flensw@state.gov


BANGKOK 00001942 002 OF 002


b) Program Assistant
Bussabonglahwan Pattaro
Press Specialist
Tel: (66-2) 205-4418; Fax: (66-2) 650-8919
Mobile: (66-81) 833-1112
E-mail: Pattaro@state.gov

ARVIZU

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