4 4.4 Being able to locate a mobile phone also means being able to locate the person carrying the mobile phone, which is potentially a powerful tool for surveillance. It is important to have access to such information in emergency responses, such as abduction or identifying survivors in a natural disaster area. However mobile phone technology has unfortunately become increasingly dangerous for activists in some countries. It is therefore critical that any intrusion into a person’s privacy through the interception of communications is subject to legal process and includes protection for human rights. In countries where the relevant legal framework on lawful interception is absent or deficient, when there is a case of a misuse, companies within the ICT value chain that have had a role in that process (network providers, vendors, operators, over the top service providers) are often accused of contributing to the abuse of human rights through its operations. This may involve invasions of privacy or in some cases even more severe abuses such as torture. Some companies may actively assist the government in carrying out arbitrary surveillance by allowing secret access to their servers (often called a ‘back door’). If the government responsible for the misuse is perceived to be repressive, this may increase scrutiny by human rights groups. History of Surveillance in Myanmar The former military government in Myanmar established an intrusive surveillance regime for many years, both online and offline, in order to suppress criticism and dissent and restrict access to information. The fear and threat of surveillance was part of life, especially for members of opposition political parties, student activists, and ethnic minorities in armed conflict areas. Physical Surveillance Under the former military government, intelligence agencies, some of which were originally established under British colonial rule, proliferated. Multiple organisations were charged with keeping people under surveillance. Intelligence activities expanded rapidly following the 1988 coup d’état which re-established military rule after its suppression of the nationwide pro-democracy movement. The hierarchy and structure of the intelligence agencies changed throughout the 1980s, 1990s and 2000’s as the military government imprisoned or purged various members of the intelligence community. Before the reform process began in 2011, Myanmar’s intelligence agencies played a consistent role in gathering information on real or impugned critics, in suppressing dissent, and in arresting and interrogating suspects. The Village Act and The Town Act required everyone to report the identity of overnight guests to local officials, who could refuse “permission” for houseguests. The law was enforced by periodic household inspections by authorities, often accompanied by Special “The activist Mohamed Ahmed switched off his phone for a few days in early July 2012 to avoid arrest while in hiding from the NISS [National Intelligence and Security Service]. When he turned his phone back on as he was walking home to see his family, NISS officials roaming his neighbourhood managed to track his location based on the nearest telecommunications tower and arrested him later that night.” pg. 14. 170 PAGE CHAPTER 4.4: SURVEILLANCE – LAWFUL INTERCEPTION & OTHER SURVEILLANCE METHODS