2  Licensees must “make necessary preparations to enable a telecommunication service to be utilised for security matters in accordance with the law.” (s78) While this section appears to primarily justify network disconnection/suspension, it could be used to block whole websites.  In general, the provisions cited above regarding ICT company facilitation of allegedly criminal expression may also be used to compel the ICT company to arbitrarily block or filter user content in order to avoid revocation of their license. Arbitrary Disruption or Disconnection of Internet Access In a world in which services such as government, health and education, are increasingly on-line and digitised, users’ exercise of a wide range of human rights is tied to access to ICTs. In the case of a total network shutdown, these rights may be denied altogether. Furthermore, in the context of a violent crackdown or other crisis, failure to broadcast news and images domestically and internationally could exacerbate violations of civil and political rights by allowing them to take place behind closed doors. During the violent crackdown against protestors in 2007 (the ‘Saffron Revolution’), the Myanmar Government suspended Internet services, among other actions. The 2013 Telecommunications Law allows for the Government to suspend or take control of telecommunications services (Table 14), but the situations in which the Government can exercise this power are unclear under the Law. The Government has not made any public commitments regarding network shutdowns during the forthcoming November 2015 elections. Table 14: Provisions of the 2013 Telecommunications Law with Potential to be used to Arbitrarily Disrupt or Disconnect Internet Access  Explicitly allows the Government to “when the situation arises to carry out in the interest of the public, with the approval of the government, direct the licensee to suspend the telecommunications service provider business, prohibit a specific type of communication, to block and hold [and] to temporarily control and use the telecommunications service provider businesses and telecommunications equipment” (s77). Again, the 2013 Telecommunications Law puts ICT service companies at risk of contributing to Government measures to arbitrarily disrupt or disconnect Internet access, due to the threat of their legal licence to operate (s5) being revoked for failure to comply (s57). In particular:  In order to comply with s77 (Table 14), “[t]he licensee shall … make necessary preparations to enable a telecommunication service to be utilised for security matters in accordance with the law.” (s78) Risks to the Right to Privacy 74 PAGE CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK

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