Surapak: The Facebook “เราจะครองxxx”

On 31 October 2012, at Court Room no. 804, the Criminal Court

The Court was supposed to deliver a verdict in front of about 30 attendants. Around 9.50 am, the Court started to read out the verdict regarding the “Facebook Case” and its abridged version appears as the following (paragraphs made by iLaw).  

"After investigation, it was found that according to the prosecuting evidence, the accused was not the owner of [email protected] and facebook password to the Facebook “I shall reign the country with xxx” (name withheld by iLaw) as per the data registered with the service provider. In addition, it was heard by the Court that the password written by the accused and given to the police officers was for accessing his notebook computer. The same password was used for his email address and facebook account, [email protected] and xxx (name withheld by iLaw). It is normal that an owner of the accounts keep secret the password to either his email or facebook account to prevent others’ access to his or her information. However, it appeared that after the accused had been arrested and held in custody, someone else continued to access and used the email [email protected]. 

That the prosecutors claims that if a password to an email address used for opening a facebook account is found in a person’s notebook computer, it means the person who owns the computer is also the owner of the facebook account is simply what the prosecutors perceived. No other evidence could be cited to support such a claim. As per the examination of the folders containing history files of email usage, InboxLight[2].htm, which indicates the email [email protected], and history of previous usage of facebook, home[1].htm, which indicates the profile of "I shall reign the country with xxx”, two history files were found in the accused’s notebook computer, including one file indicating the usage of the email and facebook account on 2 January 2011 and another on 8 January 2011, respectively. The period of time of the history files were several months older than the time during which the accused was alleged to have posting the offensive message. If the accused had used his computer to post the message as alleged, there should have been some historical trace left showing the particular period of time. But none of such files were found and the files found fail to establish the link between the email address [email protected] and the owner of the facebook “I shall reign the country with xxx”.  

In addition, the temporary files found could have been copied from another computer in less than one second. In this regard, the accused argued that the temporary files found and their source code were not located in their normal folders and the files were not generated automatically while one surfing the internet. They were simply made up and were saved in the computer seized. There is also abnormality of the timestamp of the files. During the adduction of evidence, the accused showed how the files could have been copied into his computer, and it could be done as he suggested. 

Examining the forensic investigation report of his notebook computer, several abnormalities could be found as proposed by the accused. Since such data could have been doctored and modified easily, in order to weigh the evidence regarding the use of computer, an emphasis has to be given to comprehensively examining the credibility of how the files are created and stored as well as the authenticity of the files. It also covers how such data can be analyzed to identify or indicate the sender of the data and other relevant circumstances. In particular, it should be examined as to how the computer has been kept since it contains the authentic data. When a computer is turned on, some changes can be automatically generated and the data can be easily subjected to modification or alteration. But it appears that after the accused was held in custody and his notebook computer seized by the officers, someone turned the computer on on 2 September 2011 at 20.13.44 and on 7 September 2011 at 21.12.07, prior to the day the computer was supposed to be handed to Major Niti for forensic examination. It shows how vulnerable the computer’s data to have been altered. Therefore, the data that has been found in the computer was flawed and not credible. Thus, it is not convincible that the history files regarding the use of [email protected] and the facebook “I shall reign the country with xxx” were automatically generated by the computer owned by the accused. 

As the prosecuting evidence is doubtful and fails to affirm if the accused had commited such an offence as alleged, given the benefit of the doubt, the accused shall be acquitted as per Section 227(2) of the Criminal Procedure Code. 

Case dismissed"