Proposed Law
Rough Translation of the
Internet Promotion Act.
Precise translation of any law
in Thai language into English or any other languages requires
the services of highly expert translators, which will be
provided after the act comes into effect.
The English version below is a
rough translation for the purpose of discussion only. In case of
conflict of any meaning in the English and the Thai versions,
the Thai version is the correct one.
Article 1. This Act is
named The Internet Promotion Act of.
Article 2. This Act is
enforceable the day after it is published in the Royal Gazette.
Article 3. Any other
law, rules and regulations contradicting to the one in this Act
is superceded by the one in this Act.
Article 4. The
following definitions are used in this Act
"Computer" is
(same as in the Copyright Act). "Internet" is a
worldwide network of computers connected with TCP/IP.
"Internet Service Provider" means a commercial unit
offering Internet connection having its own leased circuit
connecting to another country.
"Internet Content Provider" means a commercial unit
providing Internet content.
"Internet user" means one who uses the Internet.
"Fund" means the Internet Promotion Fund.
"Domain name" means a name registered in the
Internet so that it can be used to refer to a page or pages of
information on the Internet.
"Committee" means the Internet Promotion Committee.
"Registrar" means the person appointed by the
Minister to be in charge of registration.
"Minister" means the Minister in charge of enforcing
this Act.
Article 5. The Internet
Promotion Committee is appointed by the Minister consisting of
25 persons.
The Permanent Secretary of Communications is the Chairman.
The Deputy Permanent Secretary of Communications is the Deputy
Chairman.
The Minister appoints one
representative each from the following organizations as members:
Ministry of Science, Technology and Environment;
Ministry of Education;
Ministry of University Affairs;
Ministry of Commerce;
Ministry of Finance;
National Economic and Social Development Board;
Telephone Organization of Thailand;
Communications Authority of Thailand;
Thai Chamber of Commerce;
Association of Thai Industries;
and Thai Bankers Association.
The Minister appoints one Internet expert each from:
Internet Society Thailand,
Computer Association of Thailand,
Telecommunications Association of Thailand,
Internet service providers,
Internet content providers,
government universities,
private universities,
government junior colleges,
private junior colleges,
government schools,
and private schools.
The Deputy Director General
of the Post and Telegraph Department serves as a member and
secretary.
Article 6. The
qualifications of the Internet expert are
-
Thai national.
-
Not below 25 years old.
-
Bachelor's degree or
higher.
-
Is a member of an Internet
center or is an Information Technology supervisor from
government or private sector or one with at least two years
of experience on Internet software or hardware.
-
Has not been declared
bankrupted by the court.
-
Has not been sentenced to
a jail term except for minor offense.
Article 7. The term of
office of the Internet expert is 3 years.
When the term of the Internet experts expires, new Internet
expert must be appointed within 60 days. During the time new
experts have not been appointed, existing members must perform
the duties. An Internet expert whose term has expired may be
re-appointed.
Article 8. In addition
to completing the term as stated in Article 7, an Internet
experts term also ends when he:
(1) dies.
(2) resigns.
(3) is voted by at least two third of the members of the
Committee that he is negligent to his duty.
(4) is ruled by the court to be incompetent
(5) lacks the qualifications in Article 7.
In case the position of an Internet expert is vacant, the
Minister must appoint a new Internet expert to serve the
remaining term.
Article 9. The forum
for the Internet Promotion Committee is at least half of the
number of all members.
In a meeting, if the Chairman is not present, the Deputy
Chairman is to serve as the Chairman of the meeting. In case
both the Chairman and the Deputy Chairman are not present, the
meeting must elect a member to serve as the Chairman of the
meeting.
In making decision, the
meeting will use simple majority. Each member has one vote. If
there is a tie, the Chairman may cast the deciding vote.
Article 10. The
Internet Promotion Committee is responsible to:
1. Promote the establishment
of Internet service and usage as public utilities for
corporates and individuals.
2. Promote the use of Internet in education, economic, social
and cultural activities.
3. Promote research and development of Internet.
4. Promote academic activities and applications of Internet.
5. Promote Internet human resource development.
6. Establish the annual National Internet Day.
7. Establish the Center for Excess Internet Equipment obtained
from government and private sources for distribution to
low-income schools.
8. Establish the Center for Internet Software Information.
9. Establish a national Internet backbone.
10. Establish Netiquette guidelines.
11. Perform any other duties to promote Internet activities.
Article 11. The
Committee appoints a Subcommittee for Emergency Incident
Response, a Subcommittee on Domain Name Registration, and any
other Subcommittee necessary and desirable to promote Internet.
In the meeting of a Subcommittee, the rules in Article 9 are
applicable.
Article 12. The
Subcommittee for Emergency Incident Response has the following
duties:
(1) Arrange training for
Internet emergency incident response.
(2) Issue warning to Internet Service Provider and Content
Provider when the Subcommittee find that their servers might
have been or are being hacked.
(3) Collect evidence of hacking to be used in court cases.
(4) Any other duties assigned by the Committee.
Article 13. The
Subcommittee on Domain Name Registration has the following
duties:
(1) Collect and make
publicly available a list of domain names registered in
Thailand, registered abroad but from Thailand, and registered
abroad but is concerned with Thailand.
(2) Coordinate the registration of the sub-domain names under
".th".
(3) Any other duties on domain registration assigned by the
Committee for the purpose of promoting Internet.
Article 14. Internet
national backbone is to be established with the map made
publicly available.
Article 15. On Internet
activities, government unit cannot act discriminatingly between
government and private educational institutions.
Low-income schools, no matter public or private, get equal
Internet-related treatment from government and semi-government
units .
Article 16. Encryption
is allowed to be used freely without having to deposit the key
with any authority except in case of court order.
Article 17. Electronic
commerce with credit card and other financial transaction are
allowed on the Internet.
Article 18. The Fund
for Internet Promotion is to be established as a legal entity
with the following objectives:
(1) To promote Internet
access in both government and private educational institutions
reporting to the Ministry of Education and Ministry of
University Affairs.
(2) To promote research and development of Internet hardware,
software and applications.
(3) To promote Internet human resource development.
(4) To promote the activities of the Center for Excess
Internet Equipment.
(5) To promote the activities of the Center for Internet
Software Information.
(6) To promote the activities of the Subcommittee for
Emergency Incident Response.
(7) To promote the activities of the Subcommittee on Domain
Name Registration.
Article 19. The sources
of Fund for Internet Promotion are:
(1) Government budget.
(2) Donation from Telecommunications infrastructures service
providers. This amount is tax deductible if it is not more
than one percent of income of the provider making the
donation.
(3) Donation from Internet service providers and content
providers. This amount is tax deductible if it is not more
than one percent of income of the provider making the
donation.
(4) Donation from any other sources. This amount is tax
deductible if it is not more than one percent of income of the
one making the donation.
Article 20. The Center
of Excess Internet Equipment accepts donation of equipment from
public and private sector and make the equipment available to
government and private educational institutions lacking budget.
Article 21. The Center
for Internet Software Information collects information about
Internet software and make it available to the public free of
charge through the Internet.
Article 22. Every
person has his freedom in accessing the Internet.
Article 23. Internet is
public utility for which the state must promote the availability
throughout the country for the benefit of the public.
Providers of telecommunications infrastructures must provide
services to non-Internet and Internet users and providers
without discrimination.
Article 24. Anyone
wishing to provide Internet services or content for commercial
purpuse must register with the registrar.
The registrar must post the
information about the commercial Internet service and content
provider on a list on the Internet within ten days from the date
he receives the request for registration.
This registration is for the
purpose of making available the list for public information and
not for the purpose of licensing. The license, if required by
another law, must be done according to that law.
Article 25. Information
on the Internet may be used as court evidence. Rules and
regulations on this evidence are to be determined by the court.
Article 26. Printout of
information from the Internet may be used as court evidence.
Rules and regulations on this evidence are to be determined by
the court.
Article 27. The
Minister of Communications is in charge of enforcing this Act.
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