Legal Issues in Cybercrime A Case Study of Mobile Data Theft

Abstract

This research consists purposes were 1. to study the concepts, theories, and principles related to cybercrime issues in the case of mobile phone data theft 2. to examine the legal measures concerning cybercrime in cases of mobile phone data theft in both foreign countries and Thailand 3. to analyze the issues of cybercrime in cases of mobile phone data theft and 4. to explore possible solutions to address cybercrime in cases of mobile phone data theft. This is a qualitative research study conducted through document analysis, including books, textbooks, academic papers, research articles, and relevant electronic media. The collected information from these various sources is then analyzed using content analysis. The results of the study found that 1) Concepts, theories and principles of cybercrime include concepts about mobile phones, concepts about data theft, concepts about the criminal justice process, criminology and cybercrime theories, principles related to cybercrime, including important principles such as human rights, personal data protection, truth-finding principles, transparency, responsibility and legitimacy 2) Controlling the problem of liability and proving the intention of the person opening the mule account in the case of mobile phone data theft is more effective and establishing a standard for checking the qualifications of people who wish to open an account with the bank and creating a fear of the law for those people in a tangible way. It should be consistent with the legal standards of the United States, the United Kingdom and the Federal Republic of Germany 3) Problems of liability of the person opening the mule account in the case of mobile phone data theft the law still lacks clarity on what kind of action will be considered as intention to open an account to support the offense, resulting in unclear prosecution, including the punishment of the person opening the mule account and the perpetrator of the mobile phone data theft, which has a low penalty rate in law compared to the level of damages incurred. In addition, there is a problem of determining the liability of the person involved in the data theft, which does not clearly specify the liability of those involved in the offense. This causes the accomplices to use loopholes in the law to avoid the crime and 4) Propose amending the legal provisions related to the cybercrime problem in the case of mobile phone data theft as follows 4.1) Define the nature of the act and the initial assumption that what kind of act is considered a person's intention to open a mule account 4.2) Add penalties for the person who opens a mule account 4.3) Add provisions on the liability of those involved in the crime and 4.4) Add the definition and criminal penalties for mobile phone data theft.