5/23/22, 2:51 AM Internet Filtering in Burma in 2005: A Country Study | OpenNet Initiative sensitive content.33The PSB also continues to force the closure of publications that include political content,34apparently regardless of compliance with PSB submission guidelines.35 This mode of publication does not make things easy for an online publishing environment, whether as an extension of the mainstream press or through blogging, to thrive. E. Internet Access Regulation 1. Legal Access Controls Burmese law strictly regulates Internet access. The 1996 Computer Science Development Law requires that all network-ready computers, as well as fax machines, be registered with the Ministry of Communications, Posts and Telegraphs (MPT) prior to importation, possession, or use.36Such registration is accompanied by a license agreement and associated fees that are determined by the MPT.37Failure to register a computer or a network carries a prison sentence of 7 to 15 years and a possible fine.38 In 2000, the MPT issued a list of regulations governing Internet access and usage. Most of the regulations relate to prohibited content and hacking, but one provision prohibits owners of registered Internet connections from allowing others to use their connections. One regulation reserves to MPT "the right to amend and change regulations on the use of the Internet without prior notice."39Violations of the 2000 regulations are punishable by revocation of access and "legal action,"40possibly under section 34 of the Computer Science Development Law, which prescribes up to 6 months imprisonment, a fine, or both for "fail[ure] to comply with a prohibitory order."41 In addition to legal regulatory controls, economic factors play a large role in limiting Internet access. Merely establishing a broadband connection with Burma's main ISP, state-run Bagan Cybertech, costs $1,300 US,42a prohibitive sum in a state where the average annual income is $225 per capita.43Consequently, nearly all of Burma's home Internet subscribers (between 28,00044and 35,00045) use dial-up. Fifteen hours of dial-up access can be purchased for 8,000 ks (around $9),46as can one year of e-mail access.47However, individual subscribers may only access state-monitored e-mail and the country's Intranet, a small collection of mostly government and business Web sites hosted by Burmese companies.48Moreover, users outside the dialing codes of Burma's two largest cities, Rangoon and Mandalay, must pay long distance fees to connect to the service.49 Citizens who want to access the World Wide Web can only do so from Internet cafes in Rangoon and Mandalay.50 While providing expanded access to those who can afford it, cafes have rates (around $1.50 per hour in 200351) that are still expensive for the average Burmese. Anonymous Internet use is impossible; cybercafe licenses require that patrons register their name, identification number, and address to gain access.52Opportunities for anonymous communications are further hampered by the state's ban on free email sites such as Hotmail and Yahoo! Mail,53enforced through filtering software obtained from the open source DansGuardian project and purchased from U.S.-based vender Fortinet.54 In June 2005, Bagan simultaneously announced that its monthly broadband rates would double to $35, effective July 1, and suspended the creation of new accounts indefinitely (though it is unclear whether this applies only to broadband accounts or to dial-up as well).55 This move is apparently a result of financial difficulties and may be tied to the October Military Intelligence purge, when the military arrested the deputy CEO of Bagan, Ye Naing Win (Khin Nyunt's son), and took control of the company.56Regardless, Bagan's troubles may seriously impede the spread of Internet access throughout Burma. F. Internet Content Regulation Internet content is most directly regulated by the 2000 Web Regulations, which state the following: Any writings detrimental to the interests of the Union of Myanmar [Burma] are not to be posted. Any writings directly or indirectly detrimental to the current policies and secret security affairs of the government of the Union of Myanmar are not to be posted. Writings related to politics are not to be posted. Internet users are to inform MPT of any threat on the Internet. Internet users are to obtain prior permission from the organization designated by the state to create Web pages.57 The final regulation provides that "Internet use will be terminated and legal action will be taken for violation of any of these regulations."58The Regulations do not define "legal action," but presumably violations will be prosecuted according to analogous provisions in one of the many other laws regulating speech. https://opennet.net/studies/burma 4/15

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