infrastructure.24 The legal void in which the industry is developing
raises concerns that citizens may be exposed to increased government
surveillance and control.25
23. Telecommunications company Telenor has said that it will not launch its
services until the government had finalised its laws on communication
interception.26 Ooredoo, which launched its services in August 2014, has
not announced how it will respond to government request for
interferences with communications.27
24. As noted by the Navi Pillay, former UN High Commissioner for Human
Rights, in her report on privacy in the digital age, “There is a
strong evidence of a growing reliance by Government on the private
sector to conduct and facilitate digital surveillance”.28 She requested
that companies must have their own internal policies in place, as well
as due diligence policies to “identify, assess, prevent and mitigate
any adverse impact” on the human rights of users. When requested to
provide data or access that fails to meet international human rights
standards, they should interpret the these demands as narrowly as
possible, as well as request clarification on scope and legal premise
for request, a court order and be transparent with users when they
received such requests.29
Surveillance and monitoring systems
25. In 2011, the Citizen Lab of the University of Toronto published
research documenting30 the use of Blue Coat Systems' commercial
filtering products in Myanmar.31 Blue Coat32 allows the surveillance and
24
25
26
27
28
29
Calderaro, A., Digitalizing Myanmar: Connectivity Developments in Political Transition, Internet
Policy Observatory, pp. 3. Available at:
http://www.global.asc.upenn.edu/app/uploads/2014/12/Digitalizing-Myanmar.pdf
Ibid, pp. 3
Telenor Group, Telenor in Myanmar: Privacy & Freedom of Expression. Available at:
http://www.telenor.com/media/in-focus/telenor-in-myanmar/sustainable-business-in-myanmar/privacyfreedom-of-expression/
Purdon, L., The Challenges and Opportunities of Myanmar's new ICT Networks, Institute for Human
Rights and Business, Commentary, 16 September 2014. Available at:
http://www.ihrb.org/commentary/challenges-and-opportunities-myanmar-new-ict-networks.html
A/HRC/27/37, para. 42
Ibid, para. 43-45
30
The research findings were based on the following evidence, (i) ISP hostnames matching Blue Coat
add-on names, (ii) network error pages found were generated by Blue Coat’s ProxySG system, and
(iii) strong correlation between Blue Coat’s categorization of these URLs and those URLs found
blocked by the researchers.
31
CitizenLab, Behind Blue Coat: Investigations of commercial filtering in Syria and Burma, 9 November
2011. Available at: https://citizenlab.org/2011/11/behind-blue-coat/
32
Blue Coat is a company specialised in online security but it is well know for having sold Deep
Packet Inspection (DPI) technology based equipment to an array of countries. See:
https://citizenlab.org/wp-content/uploads/2013/01/Planet-Blue-Coat.pdf