Surveillance since the 2011 Reform Process Little is known about intelligence gathering practices in Myanmar since 2011. 380 It is believed that at least two intelligence agencies are still operational – the Military Affairs Security (MAS) and the Special Branch of the Myanmar Police Force 381 . In 2011, Irrawaddy reported that a new intelligence unit had begun to operate, staffed by military and police officers. It was reported that the new unit would not operate as a separate entity, as intelligence agencies had previously done, and had to reports to “both military and civilian authorities, as well as administrative officials”. According to the report, the role of the unnamed intelligence unit was to “investigate the movements of political parties, ethnic armed forces and cease-fire groups, violent domestic actions such as bomb explosions and any matter that affects the state's security and stability, including nondisintegration of the military, and take necessary measures.” 382 It is unclear which elements of the surveillance apparatus are still operational, but it appears that authorities are still conducting a combination of physical and electronic surveillance by replacing old laws with something very similar, and utilising new technology. For example, in 2011, Reporters Without Borders reported that new updated regulations had been sent to cybercafé owners, “including a requirement to keep the personal data of all their clients along with a record of all the websites they visit, and make it available to the authorities.” 383 In 2012, The Village Act and The Town Act was replaced by The Ward or Village Tract Administration Law, which upholds the process of overnight guest registration and inspection. Although inspections have reportedly declined, and more people are ignoring the law as there are no longer the same fears of reprisal, there have been recent crackdowns on student protesters, forcing many to go into hiding. 384 Student’s houses have reportedly been “inspected” in the middle of the night, had their mobile phones seized and their Facebook accounts hacked. 385 Reports suggest that surveillance of community leaders, opposition political party members and journalists continue. Some reported being physically followed or enquired after, and some fear their phone conversations are monitored. 386 In 2013 it was reported that the website of the Myanmar news group Eleven Media, was under surveillance. One of its journalists was physically followed by intelligence agents while reporting on the war in Kachin State. 387 Journalists from Eleven Media and others working on Myanmar reported they had received notification from Google, which runs the Gmail email service, 380 Andrew Selth, “Burma’s Security Forces: Performing, Reforming or Transforming?“ Griffith Asia Institute, Griffith University, Australia (2013), pg. 16. 381 The Hindu, “In Myanmar, Internal Spy Network Lives On“ Associated Press report (30 July 2013). 382 The Irrawaddy, “Burma Forms New Intelligence Unit“ (3 May 2011). 383 Reporters Without Borders, “Surveillance of Media and Internet Stepped Up Under New Civilian President“ (2011). 384 Wa Lone and Guy Dinmore, “Student Activists Go Into Hiding After Crackdown“ The Myanmar Times (20 March 2015). 385 Ibid 386 Andrew Selth, “Burma’s Security Forces: Performing, Reforming or Transforming?“ Griffith Asia Institute, Griffith University, Australia. (2013), p17. 387 Bertil Lintner, “The Military’s Still In Charge” Foreign Policy (9 July 2013). CHAPTER 4.4: SURVEILLANCE – LAWFUL INTERCEPTION & OTHER SURVEILLANCE METHODS 173 4 4.4

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