According to the 1996 Computer Science Development Law (CSDL), network-ready
computers must be registered (for a fee) with the MPT; failure to do so can result in
fines and prison sentences of seven to 15 years. 57 In the Electronic Transactions Law
(2004), anyone who uses ‘‘electronic transactions’’ technology to receive or send information relating to state secrets or state security or to commit any act harming state
security, community peace and tranquility, or national solidarity, economy, or culture
can be sentenced to between seven and 15 years’ imprisonment. 58 Terms-of-service
rules for MPT users issued in 2000 provide a warning that online content will be subject to the same kind of strict filtering that the Press Scrutiny and Registration Division
carries out: users must obtain MPT permission before creating Web pages, and they
cannot post anything ‘‘detrimental’’ to the government or simply related to politics. 59
Furthermore, sharing registered Internet connections is also punishable by revocation
of access and the threat of ‘‘legal action,’’ 60 the equivalent to which can be found
in the CSDL, which punishes unauthorized computer networks or links with seven to
15 years’ imprisonment. 61 The MPT can also ‘‘amend and change regulations on the
use of the Internet without prior notice.’’ 62
The threat to the junta posed by Burmese activists and other dissenting voices using
online tools to communicate with and transmit information to the outside world became evident in the rash of draconian sentences handed down in November 2008
against 88 Generation’s leaders, bloggers, and others. Closed courts, mostly operating
out of Insein prison, applied the Electronic Transactions Law and the Television and
Video Law to deliver sentences of up to 65 years. On November 11, fourteen 88 Generation activists were sentenced to 65 years’ imprisonment, a staggering term consisting
of 15 years for each of four counts of illegally using electronic media 63 ; formation of an
illegal organization added five years to that sentence. 64 Nay Phone Latt, a blogger and
owner of several Internet cafe ´s, was arrested in January 2008 and sentenced in November to 20 years’ imprisonment by a special court in Insein prison, 15 of those years for
violating Articles 33(a) and 38 of the Electronic Transactions Law and over three years
of the sentence for violating Article 32(b) and 36 of the Television and Video Law. 65
The Electronic Transactions Law also constituted part of the 59-year sentence
handed down to comedian, film director, and blogger Maung Thura (who uses the
stage name Zarganar), convicted for circulating his footage of relief work after Cyclone
Nargis on DVD and the Internet, as well as for giving interviews critical of government
aid efforts to overseas media. 66 Both Nay Phone Latt and Zarganar had their sentences
reduced, to 12 and 35 years, respectively, in February 2009. 67
As for Internet cafe ´s, the government has been urging business owners to become
licensed as PACs under the management of Myanmar Info-Tech, a state-owned company. 68 The general manager of Myanmar Info-Tech claimed that more than 1,000
Internet cafe ´s were operating in Rangoon without PAC licenses, and cafe ´ owners
reportedly have informal bribe-paying arrangements with government employees that
Burma
437
computers must be registered (for a fee) with the MPT; failure to do so can result in
fines and prison sentences of seven to 15 years. 57 In the Electronic Transactions Law
(2004), anyone who uses ‘‘electronic transactions’’ technology to receive or send information relating to state secrets or state security or to commit any act harming state
security, community peace and tranquility, or national solidarity, economy, or culture
can be sentenced to between seven and 15 years’ imprisonment. 58 Terms-of-service
rules for MPT users issued in 2000 provide a warning that online content will be subject to the same kind of strict filtering that the Press Scrutiny and Registration Division
carries out: users must obtain MPT permission before creating Web pages, and they
cannot post anything ‘‘detrimental’’ to the government or simply related to politics. 59
Furthermore, sharing registered Internet connections is also punishable by revocation
of access and the threat of ‘‘legal action,’’ 60 the equivalent to which can be found
in the CSDL, which punishes unauthorized computer networks or links with seven to
15 years’ imprisonment. 61 The MPT can also ‘‘amend and change regulations on the
use of the Internet without prior notice.’’ 62
The threat to the junta posed by Burmese activists and other dissenting voices using
online tools to communicate with and transmit information to the outside world became evident in the rash of draconian sentences handed down in November 2008
against 88 Generation’s leaders, bloggers, and others. Closed courts, mostly operating
out of Insein prison, applied the Electronic Transactions Law and the Television and
Video Law to deliver sentences of up to 65 years. On November 11, fourteen 88 Generation activists were sentenced to 65 years’ imprisonment, a staggering term consisting
of 15 years for each of four counts of illegally using electronic media 63 ; formation of an
illegal organization added five years to that sentence. 64 Nay Phone Latt, a blogger and
owner of several Internet cafe ´s, was arrested in January 2008 and sentenced in November to 20 years’ imprisonment by a special court in Insein prison, 15 of those years for
violating Articles 33(a) and 38 of the Electronic Transactions Law and over three years
of the sentence for violating Article 32(b) and 36 of the Television and Video Law. 65
The Electronic Transactions Law also constituted part of the 59-year sentence
handed down to comedian, film director, and blogger Maung Thura (who uses the
stage name Zarganar), convicted for circulating his footage of relief work after Cyclone
Nargis on DVD and the Internet, as well as for giving interviews critical of government
aid efforts to overseas media. 66 Both Nay Phone Latt and Zarganar had their sentences
reduced, to 12 and 35 years, respectively, in February 2009. 67
As for Internet cafe ´s, the government has been urging business owners to become
licensed as PACs under the management of Myanmar Info-Tech, a state-owned company. 68 The general manager of Myanmar Info-Tech claimed that more than 1,000
Internet cafe ´s were operating in Rangoon without PAC licenses, and cafe ´ owners
reportedly have informal bribe-paying arrangements with government employees that
Burma
437