information created, modified or altered by electronic technology to be detrimental to the interest of or to lower the dignity of any organisation or any person” may be imprisoned for 5 years and/or fined. (s34(d))  Chapter V Formation of the Electronic Transactions Control Board and Functions and Powers thereof 9. The Central Body: (i) having access to and inspecting and checking the operation of any computer system and any associated apparatus or material which it has reasonable cause to suspect is or has been in use in connection with any offence under this Law; (j) exposing and acquiring any necessary identification document from any person with respect to any offence contained in this Law; Risks of Company Involvement in Human Rights Violations ICT companies could be implicated in assisting alleged criminal offences under the Electronic Transactions Law. As with the 2013 Telecommunications Act (see above), there are provisions that tie the revocation or suspension of ICT companies’ licences to compliance with Government conditions, which has the potential to cause adverse impacts to users’ rights to freedom of expression and/or their privacy. These provisions include:  The law states that “[w]hoever attempts to commit any offence of this Law or conspires amounting to an offence or abets the commission of an offence shall be punished with the punishment provided for such offence in this Law.” (s38)  Since Government-issued licenses are required for entities to become a “certification authority” for purposes of engaging in electronic transactions, licensees are subject to suspension or cancellation of licenses for failure to comply with Government imposed conditions. This could include requests to turn over information on the identity of users. (s28). Computer Science Development Law (1996) Background, Scope and Objectives The Ministry of Science and Technology is in the process of revising the 1996 Computer Science Development Law which was intended to accelerate the growth of technology in Myanmar 99. The new law is to be named the “Information Technology Development Law” and is being drafted with support from the Myanmar Computer Federation (MCF). A draft of the revised law has reportedly been sent to the President’s Office before a public review. 99 Myanmar Computer Science Development Law (1996). CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK 79 2

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