นิติปรัชญากับการศึกษาวิเคราะห์ร่างพระราชบัญญัติความมั่นคงไซเบอร์

Abstract

Cyberspace is the virtual frontier. The more its user’s increases, the more complicate it becomes. The information and communication technology which was implemented in every segments of the world society made the computer crime threat called “Cyber Warfare” much more imminent. Therefore, the global society has been attempted to govern the internet by establishing monitoring organizations and enacted the law to protect cyber space. Thailand, as one of the countries in concern, has also drafted cybercrime legislation called Cyber Security Act 2015. However, the draft Act was criticized and forced to retreat because of legal standard issue. By reviewing legal philosophy, the findings point out that Thailand should amend the Cyber Security Act draft base on people’s consent and rationality with respect of its citizen’s rights, including the check and  balance of government power in case the authorities was abused  by the committee or officers appointed by this Act.