Critical Legal Reforms The Burmese government has made development of the ICT and telecommunications sectors a priority because it believes it will support economic growth.16 This represents a rare opportunity to eliminate draconian provisions in some existing Burmese laws while also incorporating an approach to telecommunications regulation that protects human rights. The Burmese government and ICT companies both have a role to play to ensure that the spread of communications technologies improves the ability of Burma’s people to enjoy their human rights, rather than reinforcing the tools of repression. The Burmese government should implement needed reforms expeditiously, including through amendments to the constitution; revisions to relevant telecommunications, national security, and emergency laws; and the enactment of new safeguards for privacy and freedom of expression. While the government has stated it will review all existing laws for the telecommunications and ICT sectors, it has not publicly set a timeline for such evaluation. Before entering the market, companies should press for essential reforms to bring Burma’s legal framework up to international human rights standards as reflected in the Universal Declaration of Human Rights and international human rights treaties, particularly as they pertain to the rights to privacy and freedom of expression.17 Existing ICT Laws The government should repeal the Electronic Transactions Law (2004)18 and the Computer Science Development Law (1996).19 The Electronic Transactions Law has been used in the past to target and punish activists and journalists for their online activities.20 16 See Martin Petty, “Disconnected for decades, Burma poised for telecoms boom,” Sydney Morning Herald, September 14, 2012, http://www.smh.com.au/technology/technology-news/disconnected-for-decades-burma-poised-for-telecoms-boom20120914-25w0o.html (accessed April 8, 2013). 17 Universal Declaration of Human Rights, G.A. res. 217A (III), U.N. Doc A/810 at 71 (1948), arts. 12 & 19. Although Burma is not a party to relevant international treaties, such as the International Covenant on Civil and Political Rights, Burma can still act to ensure that its laws are consistent with such treaties. 18 Electronic Transactions Law, No. 5/2004, http://www.wipo.int/wipolex/en/details.jsp?id=11042 (accessed April 10, 2013). 19 Computer Science Development Law, No. 10/1996, http://www.wipo.int/wipolex/en/details.jsp?id=6434 (accessed April 8, 2013). 20 See “Burma: Free Political Prisoners to Show Commitment to Reform,” Human Rights Watch news release, September 13, 2011, http://www.hrw.org/news/2011/09/13/burma-free-political-prisoners-show-commitment-reform. REFORMING TELECOMMUNICATIONS IN BURMA 10