We very much welcome MoTC’s stated intention to hold open consultations with a wide range of stakeholders on the forthcoming draft policy and legal framework. This is the best way to ensure that MoTC receives and can consider the key concerns of stakeholders before finalising the legislation. It is also an important opportunity for Myanmar stakeholders to be able to participate in policymaking. We encourage you to keep the lines of communication open with stakeholders throughout the drafting and adoption process. We have already encountered significant interest in the draft legal framework, including in the Pyidaungsu Hluttaw who will need to be fully briefed to enable them to play an effective role as legislators when drafts are submitted to Parliament. We believe, however, that the planned timeframe for adopting such ambitious and important laws is too short. These are important laws that will shape Myanmar’s cyber future and so we would urge the Government to provide for a longer and structured consultation period with stakeholders, to enable them, and government, to become familiar with the issues. 2. The Policy and Legal Framework As expressed by MCRB and numerous stakeholders at the consultation, we believe that each of the three areas (E-Government, E-Commerce and Cybersecurity) should be treated in separate laws. In fact, we think that there should be additional, detailed laws as set out below and in the Policy Brief on the Myanmar Legal Framework (attached). a) New Policies We believe it would be very useful to adopt new policies covering the three areas (E-Government, E-Commerce and Cybersecurity) that would set out the Government’s strategy, its approach and address the measures that do not require laws (e.g. human resource development, developing cybersecurity training, etc). b) New Laws We believe that the new cyber legal framework should include the following laws and accompanying regulations (please also see the attached Policy Brief on the Legal Framework). As an initial point, we note that each of the laws should include an opening section on objectives. We would like to see clear statements of objectives that include protecting the rights to freedom of expression, assembly, association and privacy in particular. • • Law(s) on E-Government § As noted in the consultation, the objective and starting point for E-Government is important for setting the whole approach to E-Government. We would urge as a starting presumption that there should be open access to Government documentation. There will of course be documentation that should not be accessible because of security, privacy, competition, etc. reasons, but we urge an objective of openness. § We would urge that the E-Government law incorporate requirements on: o Data Protection (see below) o Open government data o A commitment to non-discrimination in access to EGovernment information and services for all o And be accompanied by a Right to Information Law § As to the technical dimensions of what standards should be put in place, we are not experts on E-Government and defer to the technical expertise of the TPRC team on the technical EGovernment matters. Law(s) on E-Commerce § We would urge that the E-Commerce law incorporate requirements on: o Data Protection o Consumer Protection 2