2 Again, since Government-issued telecommunications service licenses are required for any entity to become a service provider (s5), licensees are subject to suspension or termination of licenses for failure to comply with a broad set of conditions (s57). This can include surveillance, and could therefore create perverse incentives for ICT companies to contribute to the arbitrary monitoring and surveillance of user activity by the Myanmar Government in order to maintain their legal license to operate. In particular:  Government authorities, “for defense and security matters of the State or for the public interest, if necessary … may enter into the premises of the licensed telecommunication services provider and inspect, supervise and request the licensee to submit records regarding the services.” (s76)  The Telecommunications Law also provides explicit Government authorisation “to retrieve necessary information and communications [and] to temporarily control and use the telecommunications service provider businesses and telecommunications equipment.” (s77)  Accordingly, licensees must “make necessary preparations to enable a telecommunication service to be utilised for security matters in accordance with the law.” (s78) Government access to user-identifying information and implications for the right to anonymity There is a growing international concern among human rights observers about government policies throughout the world which can compromise the ability of individuals to express themselves anonymously on the Internet. The provisions of the 2013 Telecommunications Law could be used to override anonymity, and may constitute a separate basis for violation of the right to privacy (Table 16). This may risk further undermining confidence and security on the Internet, impeding the free flow of information and ideas online. Table 16: Provisions of the 2013 Telecommunications Law with Potential to be used to Grant Government Access to User-Identifying Information  In order “[t]o obtain any information or communications that may adversely affect the security of the State, the rule of law and order, the Union Government may direct the relevant organisations as necessary without infringing upon the original rights of the citizens.” (s75)  The Government may also, “when the situation arises to carry out in the interest of the public, with the approval of the government, direct the licensee to… to retrieve necessary information and communications [and] to temporarily control and use the telecommunications service provider businesses and telecommunications equipment.” (s77) Risks of Company Involvement in Human Rights Violations Where ICT companies comply with unreasonable, overbroad, or otherwise questionable Government requests for user data under Myanmar law, they may be involved in 76 PAGE CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK