Mr. Thaung Htwe

Mr. Kyaw Naing Latt

Union Supreme Court, Myanmar

Cybercrime Cases

2013 2 cases

2014 6 cases

2015 53 cases

2016 281 cases

2017 193 cases

Total 535 cases

Legal Framework

Cybercrime bill is still in progress

* Substantive laws are-

Computer Science Development law, 1996

Electronic Transaction Law, 2004

Communication Law, 2013

Computer Science Development Law (1996) 10 Chapter

Section 1 to 35

1. Formation of Computer Development Council

2. Formation of Computer Association

3. Formation of Computer Federation

4. Crimes and Penalties (Section 32 to 35)

see

Computer Science Development Council

Myanmar Computer Federation

Myanmar Computer Emergency Response Team (MMCERT)

Ministry of Transport and Communication.

Private Organization

Electronic Transaction Law, 2004 (Section 1-52, 13 Chapters)

Section 2- Meaning of Information, Electronic Data, Electronic Record, Computer, Computer network, Electronic signature, Certification Authority, Certificate, Originator, Address, Subscriber etc.

Action for Security of the State (S-33), Intercepting, Sending, Hacking, Modifying etc. (34), Control Board Prohibitions and so on (S-35 to S-38)

see

Telecommunications Law (2013) Section 1-89, Chapter – 19

Explanations about telecommunication service, network and frequency spectrum,

Especially to control private sector,

Administration Actions (section 57, 58)

Other cases (Section 65 to 73) (Telecommunication Services without license, releasing virus, causing undue influence and threatening to any person, etc.

see

Legal Framework link

Section 3 of The Evidence Act, (Revise in 2015)

(1) any map, plan, graph or drawing; (2) any photograph; (3) any label, marking or other writing which identifies or describes anything of

which it forms a part, or to which it is attached by any means whatsoever; (4) any disc, tape, sound-track or other device in which sounds or other data

(not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

(5) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;

(6) any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them; and 2

(7) Any record generated, sent, received or stored by means of electronic, magnetic, optical or any other similar technologies in an information system or for transmission from one information system to another;”

Legal Framework“60 A. (1) Notwithstanding anything contained in this Act, a

person may, the permission of the court, give evidencethrough a video conferencing or live television link in anyproceedings, if -

(a) the witness is below the age of 16 years;

(b) it is expressly agreed between the parties to the proceedings that evidence may be so given;

(c) the witness is outside the Republic of the Union of Myanmar; or

(d) the court is satisfied that it is expedient in the interests of justice to do so.

Differences with Convention

Lack of terms and meaning such as illegal access, data interference, misuse of devices ,etc.

weak procedural law. (Search and Seizure)

Real time collection of Data.

Needs good Co-operation with Government and Private Organizations .

MLA (Mutual Legal Assistance)

Challenges Lack of knowledge on surfing internet safety.

Lack of Professionals and Technical Experts in the field of countering cybercrime.

Hard to recruit the resource person and build up capacity.

Technical tools (hardware, software).

Timely communication.