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
Private Organization

 Computer Science Development Council

 Myanmar Computer Federation

 Myanmar Computer Emergency Response Team

(MMCERT)

 Ministry of Transport and Communication.

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 evidence
through a video conferencing or live television link in any
proceedings, 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.