articulo final gaby

8/12/2019 Articulo Final Gaby

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I am not in the habit of betting, but the political moment forces us to look for new methods.

In this text I will formulate a bet directed to the legislators, since in the last weeks the

Congress demonstrated there void aptitude to integrate external offers to the political

dome and to debate in a transparent way an opened and democratic regime for the

telecommunications.

The popular representatives " were seeking to approve in this week the regulation law of

the constitutional reform to the telecommunications, released in June, 2013, though for the

pressure they have announced that they will do it in June of this year.

I invite to those women and those who gain millions of money through the year, of the

public exchequer occupying a spot in the congress, to make that worth. To be brave and

accept the challenge that Im leading, the same one that many persons repeatedly have

made from a year ago. That the rules for the telecommunications promote the freedom

instead of been restrictive.

When we knew Enrique Pea Nieto's offer on telecommunications, the reaction was

important. We write articles, organize networks, we went to speak with senators, drew, fill

up Twitter with a rain of tuits with the hashtag # EPNvsInternet that manage to be in a

worldwide trending topic, went out to the streets and projected ideas in their walls, held

hands, even we wrote what should be said in the articles from a law according to the

human rights, even we talked with important persons like de founder of the free movement

software, Richard Stallman, together with other personalities and organizations of the

whole world, they directed a letter the Congress of Mexico.

I understand all the persons who get despair because we only tweeted" or because they

believe that theprotest on the streets dont get us toanything at all". But this one is a

good example of how a set of decentralized actions onand off linecan stop at least the

legislative Coup d'tat and vaccinate us opposite to the famous fast track.

The response of the people took by surprise Pea Nietos government. Its funny how they

arranged two sub secretaries to try to explain to Sopitas and to Pizu the reform, with a

speech of which Cantinflas would feel proud.

I dont know you, but the sensation of relieve end up very soon when you remember that

the only thing that we gain were at least a few weeks. I believe then, that we have tocontinue with the same intensity and to take advantage of the pause in the one that has

entered the reform of telecommunications. Not just to say what we dont want to be done,

if not, to speak of the internet that we are looking for.


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The bet consist of challenging a senator, a deputy or a parliamentary group in order to

include in to the initiative of the law in matter some of the following points that I have taken

of the technical proposals that the MX contingent elaborated according to the human

rights.

Its enough that they take one of the following six offers and applied it to be integrated to

the federal law of telecommunications, which finally is approved. If they do it, not only I will

vote for you, but I will ask to other people to think it.

1.-A paragraph about the rights and the guarantees.

The Second title. Of the rights and guarantees.

Chapter I. Of the guarantees for freedom of expression.

Chapter II. Of the guarantees for the right of access.

Chapter III. Of the neutrality.

Chapter IV. Of the guarantees against the arbitrary interferences.

Chapter V. Of the rights of the users.

Chapter VI. Of the rights of the hearings.

It is supposed to be that a secondary law must develop the right that it seeks to regulate.

That is to say, if the federal law of telecommunications is in the properly established way of

the constitutional articles 6 and 7 it should say what these rights consist and how they are

exercised inside the context of the telecommunications. Therefore, the structure of the law

must contain a specific paragraph just at the beginning and not only up to the ninth or

tenth line and not only as users or hearings.

Brazil has put the example with their "civil frame law" for Internet, which structure

contradicts with the offer of Pea Nieto or the Lozano's sentence. Rightly in the secondchapter it establishes the rights and concrete guarantees. It is a legislation that flatters the

people instead to the companies that provide the service of Internet, and authorities to

impose obligations. Such it should be the example of the law in Mexico.


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2. Incorporate the key definitions for freedom.

Free access: That one that has every person being based in the principles of not

responsibility from intermediaries, in the prohibition of the filtration and the blockade of the

networks of telecommunications and the neutrality of the limitation of penal and civilresponsibility from third parties.

Private communications. Any record that reveals the identity and content of some or all

the parts it'll be presume to be private.

Specially protected Information. The information of tracking, location including IP

addresses, the moment and the duration, the information that identify the used devices

and all the information that from these communications provides from themselves or in

association with other one, current or future, will be subject to special protection.

Neutrality of the networks. It is the guarantee of free flow of contents, application or

services through the public networks of telecommunications, received or generated by the

users or any integral devices from their own network, without service, protocol or

application it could be monitorized, manipulated, distorted, disabled, deflected, prioritized

or delayed depending from other devices, type of content, author, of the origin and / or

destination of the material used, not of any other consideration against the will of the

persons.

The above mentioned flow of contents will be considered to be a private communication

and it will not be able to be controlled or analyzed, only by a judicial order.

Vigilance of the telecommunications. It is the activity to monitor, intercepting, gathering,

analyzing, using, preserving, guarding, interfering or obtaining information that includes or

reflects the past, present or future communications of a person, who stems or arises of

them.

These definitions simply are absent of the current proposals. The saying that if it is not

written, does not exist and such the intention seems to be that - to not define them - thegovernment wanted that we forgot the topic.

The definition of private communication is fundamental since it will be able to access under

control and judicial supervision and not only because an authority asks for it. Special

mention deserves the topic of protected information is that one that is not being an

intervention strictly becomes relevant if it's guarded by the suppliers and it would be

analyzed by the government or for individuals.


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By your location, for example, they can know where you slept and with who, what is what

you are doing during the day, who you meet or what kind of places you visit, what you

bought and in what you're interested. To protect on defined it and on having established

controls on whom and under what conditions they can use it is fundamental.

3. Incorporation of guarantees against the arbitrary interferences.

Nowadays in the known projects an alone specific guarantee does not exist against the

arbitrary interferences, here you have some of them.

Article [] In any case, including those relative to the public order and to the national

security, will be able to arrange the blockade of the networks of telecommunications, or to

part of these, not to entire populations or to certain segments of the users.

Article [] Remains prohibited the previous censorship of contents in the networks of

telecommunications or in the broadcasting. In any case there will be able to be kidnapped

the goods, devices or programs used for the diffusion of information, opinions and ideas,

as instrument of the crime.

Article [] Exclusively the judicial federal authority, by request of the federal authority thatauthorizes the law of an express and clear way or of the holder of the instances of proxy of

justice of the federative corresponding entity, will be able to authorize the intervention of

any private communication and to gather protected information, if this is necessary for the

investigation of a possibly constitutive act of a crime related to the organized delinquency,

illegal privation of the freedom, forced disappearance and extortion in measure that is

proportional to the chased end purpose.

Article [] The public or national safety will not be able to be argued as foundation for the

intervention of communications protected in case of treating itself about the exercise of the

journalistic activity, about the defense of the human rights or about the communications

with the defenders


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4. To add measures of transparency and account surrender.

Article [] The concessionaires will publish and spread in their web pages and for any

way inside the first month of every year, a report about the exercise of previous immediate

year that produces accounts on the requests of information about telecommunications

protected on the part of the authorities with the number, the authorities and the duration of

the requests.

Article [] The institute will ask an annual report from the concessionaires and from the

operators of the public networks of telecommunications with information disintegrated

about the requests of information or of intervention authorized, that will contains the date

and term of the intervention, the requested information and authorization. The institute will

publish this report and will realize an analysis of the information annually.

Article [] The instances of proxy and security, as well as the judicial competent

authorities will publish and spread on their web pages and by any way, inside the first

month of every year, a report on the exercise of previous immediate year, which will give

the requests of information about protected telecommunications, the requests of

intervention and the number of which they were approved or useless, as well the duration.

In this document it will report on the administrative or penal procedures in opposition to

authorities for the abuse or breach of their functions related to this responsibility

Article [] Except to proof in opposite, the authorities in exercise of their functions will not

be able to invoke the privacy of their protected telecommunications.

Whatsnext?

We still have one month until they will take again the topic, it means until June, but the bad

news is that they can take the World cup to take everyone absent-minded. Itsnot too late;

here there is a list of the addresses in twitter of the Senators who will pass the initiative.

We can send them this text to see if they accept the bet or troll them until they go out of

their catatonic condition.

Also you can call them. With The Quadrature du Net, we extract this application to call to

their offices and to apply the personal marking. Everything that you could translate, do it,

from tuits up to posts. To watch them closely beats them.

Now I am in Estonia, in the meeting of the Freedom Online Coalition, closely together of

Russia - the favorite villain of Internet is Vladimir Putin - though whenever they criticize

him, i think that the same arguments apply to Pea Nieto equally.

articulo final gaby

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