2 Electronic Transactions Law (2004) Background, Scope and Objectives With support from the Myanmar Computer Federation (MCF) and technical assistance from the World Bank, MCIT is in the process of reviewing the 2004 Electronic Transactions Law. 96 A draft of the revised law is not publicly available and there are no indications as to whether there will be public consultation on any future draft. The 2004 Electronic Transactions Law as currently drafted focuses on the authenticity of electronic data as well as electronic contracts. The law also establishes a Control Board and licensing process for certification authorities in Myanmar able to issue digital certificates used to authenticate electronic communications. When information is exchanged securely online, digital certificates provide information that is used to verify the sender and recipient’s identity. Under s34(a) the law criminalises hacking and unauthorised interception of communications. 97 A draft “Cyber-Security Law” is also reportedly in preparation, although it is unclear if the Ministry of Home Affairs or MCIT will support MCF in drafting. (See further Chapter 4.5) Risks to the Right to Freedom of Expression and Privacy Though reportedly on the verge of revision, the 2004 Electronic Transactions Law has been used to restrict online speech deemed to be “detrimental to the security of the state” or “community peace and tranquillity”, amongst other vague and undefined terms (Table 17). Between 2007 and 2009 several journalists and online activists were sentenced to long prison terms under this law, though have all since been released and it has not been used since 2011. 98 Table 17: Provisions of the Electronic Transaction Law with Potential to be used to Infringe Freedom of Expression and Privacy  Anyone “using electronic transactions technology” to do “any act detrimental to the security of the State or prevalence of law and order or community peace and tranquility or national solidarity or national economy or national culture,” or engage in “receiving or sending and distributing any information relating to secrets of the security of the State or prevalence of law and order or community peace and tranquility or national solidarity or national economy or national culture,” may be imprisoned for 7-15 years and/or fined. (s33(a)-(b))  Anyone found “creating, modifying or altering of information or distributing of 96 Myanmar Electronic Transactions Law (2004). In January 2013, lawmaker Thein Nyunt from the New National Democracy Party proposed a bill that would abolish the law, but it was rejected by the lower house. Instead he decided to amend it, and a bill to amend the law was submitted August 21, 2013 for consideration. A committee to create the new draft includes parliamentarians, NGOs, industry organizations, and others. See Radio Free Asia, “Myanmar’s Parliament Considers Amending Draconian Law” (21 August 2013). 97 See The Electronic Transactions Law (No. 5/2004), Art. 34(a). 98 Specifically, Hla Hla Win, Myint Naing, Ngwe Soe (Tun Kyaw), Nay Phone Latt, Maung Thura (Zarganar), Kaung Myat Hlaing (Nat Soe), Win Maw, and Zaw Thet Htwe were imprisoned under the Electronic Transactions Act, and were all released between 2011 and 2012. 78 PAGE CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK