The Application of Computer-related Crime Act (No.2) B.E. 2560 (2017) to the Online Romance Scam
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Abstract
Online Romance Scam can be classified as one type of computer related fraud which targets human perception or understanding by using fake or false computer data. Unlike other computer crime such as hacker, his scam does not affect computer security. This scam varies in method and pattern of behavior. The scope of this article was to analyze the application of computer related crime Act to the case of online romance scam. By classifying romance scam into 4 stages, the analysis indicated that computer related crime act could be applied in certain stage of Romance scam such as “Search for victim stage” which is limited to the method of imputing false or fake computer data to deceive the victim in a manner that could possibly affect public. As for relationship making stage and benefit seeking stage which involves the input of fake or false or obscene computer data, the scope of section 14 (1) (2) (4) of the computer related crime Act was restricted merely to the input of data to public. Thus, the interpersonal communication such as “Sexting” was not covered by the offence. Regarding the specific type of “Romance scam” such as “Online dating”, the article found certain limitations of applying section 14 of this Act as well. In addition, “Romance scam” could have relationships with other laws and could cause the victim to be an offender of other laws.
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