Prachatai - 18 July 2007 The cabinet meeting on 17 July 2007 approved the Ministerial Regulation to Confiscate and Seize Computer Systems.

This ministerial regulation was passed in accordance with the proposal of the Ministry of Information and Communication Technology (ICT), so that seizure and confiscation of computer systems could be enforced under Article 18 (8) and Article 19 Paragraph 6 of the Computer Crime Act (BE 2550) (2007 CE) which authorizes the government officials to seize and confiscate computer systems for the purposes of getting information on the wrongdoing and those responsible.

However, it is not yet certain that this ministerial regulation will be announced in the government gazette in time to coincide with the enforcement of the Computer Crime Act which is to start on 19 July 2007.
Mr. Sitthichai Pokai-udom, the ICT Minister, stated that the Computer Crime Act which was gazetted on 18 June 2007 will be effective on 19 July 2007. Apart from the Ministerial Regulation to Confiscate and Seize Computer Systems, which the cabinet just approved, there will be two more ministerial regulations relating to the Computer Crime Act that will be passed shortly. The two regulations are on Criteria for Documenting Traffic Information on Computer Users and Criteria for Government Officials according to the Act.

The main content of the Ministerial Regulation gives the court jurisdiction to authorize the confiscation and seizure of computer systems. Government officials have to present their identification cards to the owner of the systems before confiscation or seizure. If the owner is not present, the police or administrative officers must be present as witness. The process can be done from dawn to dusk, however, exceptions will be made if it is proved that the computer system might be lost or moved. When the system is being seized or confiscated, the items will have to be packed into appropriate containers to protect them from being destroyed or altered. Once the package has been sealed, it cannot be opened without authorization.

Translated by Pokpong Lawansiri