Recommendations To Burma’s Ministry of Communications and Information Technology and Parliament • Review all laws in the area of ICT and telecommunications to ensure their compliance with international human rights standards and publicly set a timeline for revision or repeal of each law. In particular, those laws and regulations that have limited individuals’ access to technology or have been used in the past to prosecute persons in violation of their fundamental rights should be urgently repealed. • Repeal the Electronic Transactions Law (2004) and the Computer Science Development Law (1996). • Ensure the new Telecommunications Law conforms to international human rights law and promotes access to ICTs. In particular:  Exclude online service providers and online content providers from telecommunications licensing requirements.  Remove cybercrime and content regulation from the Telecommunications Law. To the extent such regulation is required, the government should address these issues in separate legislation.  Enact protections for the right to privacy to prevent abuse and arbitrary use of surveillance, national security, and law enforcement powers. Require authorities to obtain a warrant from a court (or other independent authority) to access subscriber information or intercept communications.  Provide protections for the rights to freedom of expression and privacy to prevent abuse of emergency powers to shut down networks or intercept communications. Such protections should be implemented in the new Telecommunications Law and in existing Burmese law.  Hold public, inclusive, and broad-based consultations on all new legislation, including the Telecommunications Law, to solicit input and expertise before legislation is finalized. REFORMING TELECOMMUNICATIONS IN BURMA 4