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SLORC LAW No. 10/96



                        SLORC LAW No.10/96
 
The current debate about policing the Internet may usefully
draw upon the inspired conceptions and structures revealed in
SLORC Law No. 10/96, reproduced below.  The Law should also be
brought to the attention of Malaysian Prime Minister Mohamad
Mahathir, currently planning his Information Super-Corridor. 
The Malaysian Premier, rightly critical of Western cultural
and financial imperialism, with its subversive claims about
freedom of information flow being good for business, could
certainly benefit from this regional approach from Malaysia's
new ASEAN partner. Law No. 10/96 aims, in part, to contribute
towards "the emergence of a modern developed State through
computer science" (para 3a) and to "laying down the policy and
giving guidance for the development of computer science in the
State to keep abreast with the times" (para 7a).  It may well
be that Myanmar's major contribution to ASEAN, or indeed to
the world, will be such offerings as Law 10/96. Well done! 
 
(And just in case any of you external destructive elements are
thinking of taking your laptops to Visit Myanmar, check out
Chapter X.) 
 
                      ..................    
 
 
           The State Law and Order Restoration Council 
 
               The Computer Science Development Law
    The State Law and Order Restoration Council Law No. 10/96
              The 8th Waxing of Tawthalin, 1358 M.E.
                      (20th September, 1996)
 
The State Law and Order Restoration Council hereby enacts the
following Law: -
 
 
                           CHAPTER 1
                      Title and Definition
 
1.  This Law shall be called the Computer Science Development
Law. 
   
2.  The following expression contained in this Law shall have
the meanings given hereunder : -
     (a) Computer means individually-used small-size machines,
commonly-used medium-size and large-size electronic machinery
which can produce the required answers and diagrams by
comparative scruting of collected data. This expression also
includes electronic  machinery which is prescribed by
notification from time to time by the Ministry of
Communications;
     (b) Computer Hardware means the computer, its components
and the accessories;
     (c) Computer Software means the computer programme
written to give directions as may be necessary to the
computer;
     (d) Computer network means the communicating system
through satellite or any other technology using the computer;
     (e) Information Technology means the technology by means
of which information is transmitted electronically;
     (f) Computer Scientist means the holder of a local or
foreign degree, undergraduate diploma or a postgraduate
diploma in the field of computer science. This expression also
includes a person who is conversant with computer programming;
     (g) Computer Entrepreneur means a person engaged in the
business of producing and selling computer hardware or
computer software locally or in the business of exporting or
importing the same. This expression also includes a person
engaged in maintenance service of computers and a person who
has established a private computer training course;
     (h) Computer Enthusiast means a person; who is interested
in computer science and is studying the same in any manner.
This expression also includes a person who is utilizing a
computer in any manner;
     (i) Council means the Myanmar Computer Science
Development Council formed under this Law;
     (j) Federation means the Myanmar Computer Federation
formed under this Law;
 
 
                            CHAPTER II
                            Objectives
 
3.  The Objectives of this Law are as follows : -
     (a) to contribute towards the emergence of a modern
developed State through computer science;
     (b) to lay down and implement measures necessary for the
development and dissemination of computer science and
technology;
     (c) to create opportunities for the youth, especially
students, to study computer science;
     (d) to study computer science, which is developing
internationally and to utilize the same in a manner which is
most beneficial for the State;
     (e) to cause extensively development in the use of
computer science in the respective fields of work;
     (f) to supervise the import and export of computer
software or information.
 
 
                           CHAPTER III
Formation of the Myanmar Computer Science Development Council
 
4.  The State Law and Order Restoration Council : -
     (a) shall form the Myanmar Computer Science Development
Council comprising the following persons : -
                              
        1.  Person assigned by the State Law and Order
        Restoration Council - Chairman 
                                       
        2.   Misters (sic) or Deputy Ministers from
        relevant Ministries - Members                  
                    
        3. Heads of the relevant government
        departments and organizations - Members 
                                      
        4.  Suitable Computer scientists - Members 
                                      
        5 Deputy Minister Ministry of Education 
        - Secretary 
        
     
          (b) may determine the Deputy Chairman and Joint Secretary
if necessary in forming the Council. 
 
5.  The non-governmental Council members are entitled to such
renumeration as may be prescribed by the Ministry of
Education. 
 
6.  The Department of Higher Education: -
     (a) shall bear the expenses of the Council;
     (b) shall undertake the office work of the Council.
 
 
                            CHAPTER IV
                 Duties and Powers of the Council
 
7.  The duties and powers of the Council are as follows : -
     (a) laying down the policy and giving guidance for the
development of computer science in the State to keep abreast
with the times;
     (b) laying down the policy with respect to the systematic
dissemination of utilization of computer science in the State;
     (c) laying down the policy, giving guidance and
controlling with respect to computer network;
     (d) making arrangements for the youth, especially
students to get the opportunity of studying basic computer
science;
     (e) laying down the policy, giving guidance and
controlling with respect to information technology;
     (f) supervising and giving guidance with respect to
activities of the federation and computer-related associations
formed under this Law:
     (g) prescribing the types of computer software and
information which are not permitted to be imported or
exported.
     (h) laying down measures to cause extensive development
in the utilization of computer science in the respective
fields of work in the State;
     (i) forming necessary working committees and bodies
related to computer science and assigning duties thereto;
     (j) abolishing any computer association formed or
existing not in confirming with the provisions of this law or
any computer association not functioning in conformity with
the provisions of this Law or not in conformity with the
constitution of the relevant association;
     (k) laying down and carrying out measures necessary for
the attainment of the objectives of this Law. 
 
 
                            CHAPTER V
                Formation of Computer Associations
 
8.  The different levels of Computer Enthusiasts' Associations
may be formed as follows : -
     (a) Computer Enthusiasts' Basic Association;
     (b) Township Computer Enthusiasts' Association;
     (c) District Computer Enthusiasts' Association;
     (d) State/Divisional Computer Enthusiasts1 Association;
     (e) Myanmar Computer Enthusiasts' Association;
 
9.   (a) The Computer Enthusiasts' Basic Association may be
formed with at least seven computer enthusiasts;
     (b) The Township Computer Enthusiast'' Association may be
formed with representatives chosen by the Computer
Enthusiasts' Basic Association in accordance with the
stipulations;
     (c) The District Computer Enthusiasts' Association may be
formed with representatives chosen by the Township Computer
     Enthusiasts1 Association in accordance with the
stipulations;
     (d) The State/Divisional Computer Enthusiasts'
Association may be formed with representatives chosen by the
District Computer Enthusiasts' Associations in accordance with
the stipulations;
     (e) The Myanmar Computer Enthusiasts' Association may be
formed with representatives chosen by the State/Divisional
Computer Enthusiasts' Association.
 
10.  The different levels of Computer Scientists' Association
may be formed as follows:-
     (a) Township Computer Scientists' Association;
     (b) District Computer Scientists' Association;
     (c) State/Divisional Computer Scientists' Association;
     (d) Myanmar Computer Scientists' Association;
 
11. (a) The Township Computer Scientists' Association may be
formed with at least seven members of the township;
     (b) The District Computer Scientists' Association may be
formed with representatives chosen by the Township Computer
Scientists' Associations in accordance with the stipulations.
In case the Township Computer Scientists' Association has not
been formed as yet it may be formed with at least seven
members of the District;
     (c) The State/Divisional Computer Scientists' Association
may be formed with representatives chosen by the District
Computer Scientists' Association in accordance with the
stipulations. In case the District Computer Scientists'
Association has not been formed as yet, it may be formed with
at least seven members of the State/Division.
     (d) The Myanmar Computer Association may be formed with
representatives chosen by the State/Divisional Computer
Scientists' Associations in accordance with the stipulations.
 
12. The different levels of Computer Entrepreneurs'
Association may be formed as follows.
     (a) Township Computer Entrepreneurs' Association;
     (b) District Computer Entrepreneurs' Association;
     (c) State/Division Computer Entrepreneurs' Association;
     (d) Myanmar Computer Entrepreneurs' Association;
 
13.  (a) The Township Computer Entrepreneurs' Association may
be formed with at least seven computer entrepreneurs of the
township;
     (b) The District Computer Entrepreneurs Association may
be formed with representatives chosen by the Township Computer
Entrepreneurs Association in accordance with the stipulations.
in case the Township Computer Entrepreneurs' Association has
not been formed as yet, it may be formed with at least seven
computer enthusiasts of the District;
     (c) The State/Divisional Computer Entrepreneurs'
Association may be formed with representatives chosen by the
District Computer Entrepreneurs' Association in accordance
with the stipulations. In case the District Computer
Entrepreneurs Association has not been formed as yet, it may
be formed with at least seven computer entrepreneurs of the
State/Division;
     (d) The Myanmar Computer Entrepreneurs' Association may
be formed with the representatives chosen by the State/
Divisional Computer Entrepreneurs' Association in accordance
with the stipulations.
 
14.  Persons who wish to form an association under section 8,
section 10 or section 12 shall, after drawing up the
constitution of the association submit to and obtain the
approval of the organizational meeting of the association
concerned. 
 
15.  The constitution of the association drawn up under
section 14, shall contain stipulations in respect of the
following: -
     (a) objective of forming the association;
     (b) if the association is formed at the basic level or
with members of that level stipulation as to the qualification
of its members;
     (c) forming the executive committee and stipulations as
to its functions and duties; (d) choosing and sending
representative to the one level higher association;
     (e) maintaining a fund and utilization;
     (f) holding meetings;
     (g) other necessary stipulations in accordance with the
type of association concerned.
 
16.  The tenure of the executive committee of the associations
formed under section 8, section 10 or section 12 is 2 years
from the date of formation. 
 
17.  The associations formed under section 8, section 10 or
section 12 are non-governmental organizations without a
profit-making motive. 
 
 
                            CHAPTER VI
                   Formation of the Federation
 
18.  The Council:-
     (a) shall form the Myanmar Computer Federation comprising
representatives chosen from the Myanmar Computer Enthusiasts'
Association, the Myanmar Computer Scientists' Association and
the Myanmar Computer Entrepreneurs Association in accordance
with the stipulation;
     (b) may determine the number of members of the Federation
as may be necessary;
     (c) shall appoint the Chairman and Secretary of the
Federation and assign duties may appoint the Deputy Chairman
and Joint Secretary if necessary;
     (d) shall determine the tenure of the persons appointed
by it in the federation.
 
19.  The tenure of members included as representatives of the
respective associations in the federation shall be the same as
the tenure of the executive committee of the computer
associations concerned that has chosen them. 
 
20.  The federation shall determine the business and
procedures with respect to the holding of the meeting. 
 
21.  The federation shall set up an office establishment to
perform its daily office work. 
 
22.  The federation is a non-governmental organization without
profit-making motive. 
 
23.  The federation has the right to use its own name and seal
with perpetual succession and the right to sue and to be sued. 
 
 
                           CHAPTER VII
               Duties and Powers of the Federation
 
24.  The duties and powers of the federation are as follows:-
     (a) carrying out for the development of computer science
in the State to keep abreast with the times.
     (b) conducting research in computer science, giving
assistance to the persons conducting research;
     (c) promoting extensive utilization of computer science
in the respective fields of work:
     (d) prescribing the syllabi and curricula for computer
training schools;
     (e) inspecting teaching in computer training schools as
may be necessary so as to determine whether it is up to the
standard or not;
     (f) running computer science courses, holding lectures,
competitions and organizing study tours;
     (g) holding examinations in computer science, conferring
certificates and medals;
     (h) submitting advice to the Council from time to time on
the development of computer science;
     (i) giving assistance to manufacturers so as to enhance
the quality of computer hardware and computer software;
     (j) giving assistance for production of computer hardware
and computer software and for sale inside and outside the
country;
     (k) laying down projects on information technology in
accordance with the guidance of the Council;
     (l)communicating with international computer
organizations;
     (m) making arrangements for holding and dispatching
delegates to local and foreign conferences, meetings,
workshops, seminars, paper-reading sessions as may be
necessary;
     (n) fulfilling a target to devise a system that can use
Myanmar Language in the computer;
     (o) tendering advice to government departments and
organization which seek advice with respect to computer;
     (p) compiling, publishing and distributing books, papers,
periodicals and journals on computer;
     (q) setting up a library to collect books on computer
from inside and outside the country:
     (r) carrying out for the youth especially students, to
acquire basic computer knowledge and to cause emergence of
outstanding computer scientists;
     (s) awarding monetary prize to outstanding computer
scientists and inventors;
     (t) recommending to the Council to confer honorary titles
and awards on outstanding computer scientists and inventors by
the State;
     (u) submitting advice to the Council in order to protect
the benefits of computer scientists and inventors;
     (v) forming necessary committees and bodies, and
determining the functions and duties those of;
     (w) carrying out tasks with respect to computer science,
assigned by the Council.
 
 
                           CHAPTER VIII
                             Finance
 
25.  The Federation:-
     (a) shall subsist on its own fund; moreover, it shall
undertake responsibility for all its financial matters;
     (b) shall prescribe financial regulations which it is to
be abided by;
     (c) has the right to acquire and use grants or loans from
any government department or organization, or from any
financial institution;
     (d) shall deposit its funds in an account at the bank and
shall use them iii accordance with the financial regulations;
     (e) shall keep accounts systematically;
     (f) may carry out to increase funds which are not
required immediately, ill accordance with the financial
regulations and may raise funds:
     (g) may accept cash and kind donated locally and from
abroad and may make appropriations to computer associations as
may be necessary;
     (h) shall deposit its own foreign currency in a separate
bank account and is entitled to use the same in accordance
with the existing laws, rules and regulation;
     (i) may request assistance, if necessary from the Office
of the Auditor- General with respect to book-keeping and
auditing of accounts.
 
 
                            CHAPTER IX
                    Prior Sanction and Licence
 
26.  (a) The Ministry of Communications, Posts and Telegraphs
may, with the approval of the Council, determine by
notification the types of computer to be imported, kept in
possession or utilized only with the prior sanction of the
Ministry.
     (b) In determining the types of computer under
sub-section(a), fax-modem card installed computer which can
transmit or receive data shall be primarily targeted.
     (c) In determining the types of computer under
sub-section(a), it shall not apply to computers that are used
only as aids in teaching, office work or business.
 
27.  A person desirous of importing, keeping in possession or
utilizing the type of computer prescribed in sub-section (a)
of section 26 shall apply to the Ministry of Communications,
Posts and Telegraphs in accordance with the stipulations to
obtain prior sanction. 
 
28.  A person desirous of setting Lip (sic) a computer network
or connecting a link inside the computer network shall apply
to the Ministry of Communications, Posts and Telegraphs in
accordance with the stipulations to obtain prior sanction. 
 
29.  The Ministry of Communications, Posts and Telegraphs may,
after scrutinizing the applications submitted under section 27
or section 28 in accordance with the stipulations, grant prior
sanction or refuse to grant prior sanction. 
 
30.  A person desirous of keeping in possession or utilizing
the type of computer prescribed under sub-section (a) of
section 26, shall comply with the orders and directives issued
from time to time by the Ministry of Communications, Posts and
Telegraphs with respect to issuance of licence, prescribing
the term of licence, licence fee and licence conditions. 
 
 
                            CHAPTER X
                      Offences and Penalties
 
31.  Whoever imports or keeps in possession or utilizes any
type of computer prescribed under sub-section(a) of section
26, without the prior sanction of the Ministry of
Communications, Posts and Telegraphs shall, on conviction be
punished with imprisonment for a term which may extend from a
minimum of 7 years to a maximum of 15 years and may also be
liable to a fine. 
 
32.  Whoever sets up a computer network or connects a link
inside the computer network, without the prior sanction of the
Ministry of Communications, Posts and Telegraphs shall, on
conviction be punished with imprisonment for a term which may
extend from a minimum of 7 years to a maximum of 15 years and
may also be liable to a fine. 
 
33.  Whoever fails to comply with a prohibitory order issued
by the Council, or the 'Ministry of Education or the Ministry
of Communications, Posts and Telegraphs ill (sic) respect of
the type of computer prescribed under Sub-section(a) of
section 26 shall, on conviction be punished with imprisonment
for a term which may extend to 6 months or with fine or with
both. 
 
34.  Whoever commits any of the following acts using computer
network or any information technology shall, on conviction be
punished with imprisonment for a term which may extend from a
minimum of 7 years to a maximum of 15 years, and may also be
liable to a fine:-
     (a) carrying out any act which undermines State Security,
prevalence of law and order and community peace and
tranquillity, national unity, State economy or national
culture;
     (b) obtaining or sending and distributing any information
of State secret relevant to State security, prevalance of law
and order and community peace and tranquillity, national
unity, State economy or national culture.
 
35.  Whoever violates any order relating to control issued by
the Council under Sub-section(c) and Sub-section (d) of
section 7 shall, on conviction be punished with imprisonment
for a term which may extend to 3 years or with fine or with
both. 
 
36.  Whoever imports or exports any type of computer software
or any information prescribed by the Council under sub-section
(g) of section 7 shall, on conviction be punished with
imprisonment for a term which may extend from a minimum of 5
years to a maximum of 10 years and may also be liable to a
fine. 
 
37.  Whoever fails to comply with an order abolishing any
computer association, issued by the Council under sub-section
(j) of section 7 shall, on conviction be punished with
imprisonment for a term which may extend to 3 years, or with
fine or with both. 
 
38.  Whoever attempts or conspires to commit any offence under
this law or abets in the commission of such offence shall, on
conviction be punished with the same penalty prescribed in
this Law for such offence. 
 
39.  The Court shall, in ordering a penalty for any offence
under this Law, confiscate or destroy or dispose of the
exhibits relevant to the offence in a accordance with the
stipulations. 
 
 
                            CHAPTER XI
                          Miscellaneous
 
40.  With respect to transferring computer technology, it
shall be done in accordance with the provisions of Chapter VII
of the Science and Technology Development Law. 
 
41.  In instituting legal proceedings under the Law, prior
sanction of the Ministry of Home Affairs shall be obtained. 
 
42.  In order to carry out the provisions of this Law:
     (a) The Ministry of Education may, with the approval of
the Government; issue such rules and procedures may be
necessary;
     (b) The Council or the Ministry of Education may issue
such orders and directives as may be necessary;
     (c) The Ministry of Communications, Posts and Telegraphs
may issue such orders and directives as may be necessary.
 
 
                         Sd. Than Shwe
                         Senior General
                           Chairman 
          The State Law and Order Restoration Council
 
                    ..........................
 
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