monitoring of users’ interactions on various applications such as
Facebook, Twitter, Google Mail, and Skype.33 Given that Myanmar was
subject to U.S. Sanctions,34, it is concerning that as a US-based
company, Blue Coat, were allowed to sell their products to the
government.
26. There have also been reports of internet service providers ('ISPs') in
Myanmar acquiring censorship equipment and hardware from the Chinese
subsidiary of Alcatel-Lucent, a Franco-America company. Although the
company denied this claim following a letter it received from RSF and
Sherpa Association in March 2010, further investigation revealed that a
spokesman for Hanthawaddy, a state-controlled ISP, confirmed in 2008 that
the Alcatel’s Chinese subsidiary did indeed provide a website
filtering and surveillance system.35
27. Whilst such tools can be used for legitimate aims, such as controlling
bandwidth costs, they also have the functionality to permit filtering,
censorship, and surveillance, also given the poor human rights record
of the government of Myanmar and the lack of legal framework in place
to ensure the protection of the rights to privacy and freedom of
expression of its citizens, the presence of such technologies is of
extreme concern.
Lack of transparency of agencies conducting surveillance
28. In 2002, the intelligence apparatus of Myanmar was re-structured into
the Office of Chief of Military Intelligence (OCMI). The National
Intelligence Bureau (NIB), the Directorate of Defense Services
Intelligence (DDSI), and the think tank Office of Strategic Studies
(OSS) became sub-divisions of the OCMI. The NIB, which included the
Bureau of Special Investigation (BSI) and Special Branch (SB) dealing
with political, economic and criminal matters, was dismantled in 2004,36
but it is unclear which agency took over its mandate. In the last
decades, there have been numerous reports of corruption in the OCMI
leading to power struggles internally but also with other agencies.37
33
Blue Coat, Applications that Blue Coat PacketShaper Classifies and Controls. Available at:
http://www.bluecoat.com/sites/default/files/documents/files/PacketShaper_Application_List.c.pdf
34
35
36
37
U.S. Department of the Treasury, Office of Foreign Assets Control, Burma Sanction Program. Available
at: http://www.treasury.gov/resource-center/sanctions/Documents/burma.pdf
Reporters without Borders, Internet Enemies: Burma, 11 March 2011. Available at:
http://en.rsf.org/burma-burma-11-03-2011,39754.html
Promulgation of Law Repealing National Intelligence Bureau Law and Dissolution of the National
Intelligence Bureau, 22 October 2004. Available at: http://www.burmalibrary.org/docs15/2004SPDC_Law2004-07-Law_Repealing_National_Intelligence_Bureau_Law-en.pdf
Bahroo, L., A Family at War: Myanmar's Power Struggles and Purge, Security Research Review, Volume
13. Available at: http://www.bharat-rakshak.com/SRR/Volume13/bahroo.html#9