“amend and revoke [] existing laws and adopt new laws as necessary to implement [] provisions on fundamental rights of citizens or human rights.”12 The Office of the President has initiated a number of reforms, but the military still retains ultimate power and control, both in practice and as provided for in the 2008 Constitution.13 Harsh ICT laws and regulations enacted by the former military government remain in place, although enforcement of these laws has significantly diminished since the end of direct military rule. For example, it remains a violation of the law to own an unregistered fax machine or modem, to operate an unregistered computer network, and to post anything on the Internet that the government might deem detrimental to the security of the country. Under section 5 of the Emergency Provisions Act, contributing to the diminishment of respect for the military and “spread[ing] false news” is illegal and punishable with up to seven years’ imprisonment.14 Recent media reports of suspected state-sponsored cyber-attacks on independent media websites and journalists’ email accounts lend further credence to fears about surveillance.15 In many respects, the framework for repression remains in place, in law and in practice, and human rights violations continue in many areas. Positive changes to date, such as a reduction in censorship, may be reversible since many of these changes 12 Euro Burma Office, “President Thein Sein’s Inaugural Speech,” EBO Analysis Paper No. 2, 2011, http://www.europarl.europa.eu/meetdocs/2009_2014/documents/droi/dv/601_ebopaper2_/601_ebopaper2_en.pdf (accessed April 18, 2013). 13 Under the 2008 Constitution, Burma’s government nominally includes three branches of government, including the executive, a bicameral national parliament, and a fairly weak judiciary. However, the Constitution grants the military exceptionally broad powers. For example, the Constitution reserves a quarter of the seats in both parliamentary chambers for the military. Former generals hold most senior ministerial portfolios and serving generals are constitutionally guaranteed the posts of ministers of defense, home affairs, and border affairs security. Constitution of the Republic of the Union of Myanmar, 2008, http://www.burmalibrary.org/docs5/Myanmar_Constitution-2008-en.pdf (accessed April 5, 2013). For a more detailed discussion of Burma’s current structure of government, see International Bar Association’s Human Rights Institute, “The Rule of Law in Myanmar: Challenges and Prospects,” December 2012, http://www.ibanet.org/Article/Detail.aspx?ArticleUid=65664916-85C3-4B91-9FB1-FF4485EB4F40 (accessed April 1, 2013). 14 Emergency Provisions Act, No. 17 of 1950, sec. 5, http://www.burmalibrary.org/docs6/Section_5_of_the_Emergency_Provisions_Act-en.pdf (accessed April 5, 2013). 15 See Thomas Fulller, “E-Mails of Reporters in Myanmar Are Hacked,” New York Times, February 10, 2013, http://www.nytimes.com/2013/02/11/world/asia/journalists-e-mail-accounts-targeted-in-myanmar.html (accessed April 10, 2013); Shawn Crispin, “Increasing Cyberattacks Threaten Free Press in Burma,” Public Broadcasting Service, MediaShift, February 25, 2013, http://www.pbs.org/mediashift/2013/02/increasing-cyberattacks-threaten-free-press-in-burma056.html (accessed April 8, 2013). REFORMING TELECOMMUNICATIONS IN BURMA 8