Laws and Policies The amendment embodied the Tatmadaw’s signature approach of implementing vaguely-worded provisions, thus allowing the government to confiscate personal data and outlaw the act of sharing online information. It is important to note that some elements of the draft Cybersecurity Law have been incorporated into this amendment to the Electronic Transactions Law. Under Chapter 10 of the Electronic Transactions Law, for example, a new clause, Section 27(c), was added to provide for an exception to the safeguarding of personal data in the occurrence of “detecting, investigating, organizing of information, verifying the information conducted in accordance with management power on the cyber security and cybercrime matters relating to stability, tranquillity, national security of the state”. This addition is almost wholly copied from Chapter 6 (Personal Information Management) of the Draft Cybersecurity Law, drawing criticism from the public and international human rights organisations. Additionally, under the newly amended Section 38(c), it is a punishable offence with up to three years imprisonment and/or a fine of $7,000 USD for those “who, at the cyberspace, commits creating false news or fake news with the intention to cause public panic, to lost trust, to lower the dignity by public or to destroy the unity of any association.” Section 38(c) is almost a word-for-word duplication of Article 64 of the Draft Cybersecurity Law, excluding the fine amount. As of June 2021, there are no concrete examples of Section 38(c) being used, partly due to Section 505(a) of the Penal Code being the main legal instrument to criminalise online political expression as fake news. However, the amendment of the Electronic Transactions Law signals the junta’s intention to return Myanmar to the previous situation under the SPDC, where the flow of information was strictly controlled and monitored. 2f. Cybersecurity Law (Draft) On 9 February 2021, one week after the coup, the newly self-appointed SAC sent a draft Cybersecurity Law to telecommunication companies in Myanmar, seeking their input by 15 February. Worryingly, the proposed Cybersecurity Law, if passed, would grant authorities sweeping powers to access user data, impose disruptions to internet and mobile connectivity, deny access to specific content online, and criminalise dissidents or employees of companies that refuse to comply. Under Article 29 of the leaked draft, the government has the right to impose “interception, removal, destruction or cessation” of one’s account, when contents are deemed as (per a very vaguely worded clause) “causing hate or disrupting unity, stabilisation and peace,” any “disinformation, or any comment violating any existing law”. Those found guilty of breaking the law will be punished with up to 3 years imprisonment and a fine of $7,500 USD (RSF, 2021). Article 30 of the draft prescribes that online service providers must, when requested, hand over to the government “the user’s name, IP address, phone number, ID card number and physical address” (RSF, 2021). Article 31 stipulates that an online service provider in Myanmar “may provide all or part of the information contained in Section 30 if the assigned person or authorised organisation [is] requested under any existing law.” As of the time of writing, the law has not been finalised. As explained in the previous section, some provisions of the draft Cybersecurity Law, especially those introducing new offences, have been transferred into amendments to the Privacy Law and Electronic Transactions Law and enacted. This has allowed the military junta to skirt the criticisms arising from the possible implementation of the cybersecurity law, while still enacting these laws through existing legislation. The suspension of various sections of the Privacy Law allows the junta to meet similar objectives of the draft Cybersecurity Law, such as obtaining personal data, surveilling citizens, and disrupting their personal communications when deemed necessary. Sections 27(c) and 38(c) of the amended Electronic Transactions Law are almost wholly identical to articles from the draft Cybersecurity Law. 01 16