Over the last ten years, Costa Rica, Brazil, and other countries in Latin America have proposed legislation that attempts to combat “computer” or “cyber” crimes. These bills frequently propose systems for identifying Internet users with the goal of catching those committing crimes such as fraud or piracy. As a result of these initiatives, the state collects the personal information of Internet users, running the risk of violating their right to privacy.

In this edition, we discuss a recent example: the proposed Computer Crime Bill in Peru, which seeks to fight information and communication technology (ICT) “crimes” and would legalize the collection and analysis of personal information to this end. The bill has stalled in Congress thanks to strong response against the legislation from Peruvian and regional civil society, but the danger that it could be pushed through remains.

Access to information

In Panama, the National Assembly approved modifications to the controversial 510 Copyright Bill, described as “the worst copyright law in history” by Andres Guadamuz on his blog Technollama. The law would create a new system [es] for applying intellectual property regulations, which would violate the standards of civil due process and would allow fines of up to $100,000 to be isssued based only on the suspicion of copyright infraction. Read more about the law in an earlier edition of our report.

Students protesting the prohibition on making photocopies. Photo by Diego Molina Moreira, Diego Molmo on Flickr, under Creative Commons License (CC BY-NC-SA 2.0).

University students in Costa Rica have organized various marches to demonstrate against Bill 17342 (known as the “Photocopying Law”), which would modify copyright law to impose restrictions on photocopying artistic, literary, or technical text. Using the hashtag #FotocopiandoParaEstudiar [es] [Photocopying in order to study], opponents of the change argue that the freedom to photocopy academic texts should be protected to safeguard and promote democratic access to information and education. The National Assembly and President Laura Chinchilla disagree [es] on important aspects of the law.

In Colombia, Pilar Sáenz, member of digital rights group Fundación Karisma [es] and one of the founders of RedPaTodos [es] [the Net for Everyone], participated in a  congressional task force [es] on October 18 as a prelude to the first discussions on the Bill 001 of 2012 [es], which places limitations and exceptions on copyright. During the event, one of the items discussed was exceptions and limitations for the benefit of the visually impaired.

The new website “ISP liability for copyright in the digital setting”, or ISP Liability [es],  is an initiative that promotes research on, debate about, and contributions toward the creation of copyright and Internet Service Provider (ISP) liability norms in Peru. The site is a project of the Ministry of Foreign Commerce and Tourism [es] with the support of the Inter-American Development Bank. Their methodology and goals can be read here [es] and here [es], and you can follow the project on Twitter under the username @isp_responsab. However, some fear (take a look at the comments on this newspaper article [es]) that this could clear the way for the implementation of a SOPA-type law in Peru.

Censorship

With the next presidential elections in Ecuador on the horizon, there are signs that certain factions of the government would welcome policy to regulate social media. In our previous edition, we reported on the case of the daily publication El Comercio, which when faced with pressure from the government, shut down the option of commenting on its website. After the site's decision, a document [es] released by the Constitutional Court on the possible regulation of expression on social networks revived the debate, and again the president of the country's election commission, Domingo Paredes, protested in favor [es] of this type of regulation. Paredes declared [es] later that his actions had been misunderstood and the election commission released a statement [es] on the matter. However, Ecuadorian netizens remain uncertain [es].

In Colombia, journalist Daniel Pardo was fired from the website Kien&Ke [es] after writing a column [es] on the influence that Canadian oil company Pacific Rubiales had wielded over media outlets such as W Radio [es]. The piece [es] revealed how Pacific Rubiales had manipulated the public with paid infomercials registered as journalistic work. The issue [es] raised alarm on Twitter and blogs, pressuring editor-in-chief of Kien&Ke, María Elvira Bonilla, to ask Pardo to return. Pardo declined, and Bonilla resigned after admitting her error publicly. Harold Abueta, managing editor of Kien&Ke, and blogger Johanna Pérez Vásquez, also resigned. Pérez Vásquez explained her reasons for quitting on the blog equinoXio [es].

In Trinidad and Tobago, the personal information of reporter Anika Gumbs-Sandiford of the Trinidad Guardian was leaked to Chaguaramas Development Authority (CDA), a state organization in charge of a national park. Gumbs-Sandiford had published reports that claimed that the CDA was involved in corrupt financial practices. The case received a lot of coverage from local media, and various international news agencies and Reporters Without Borders have called for an independent investigation into the incident. On social media, the incident was characterized as entering “dangerous territory.” Global Voices wrote about a similar incident in March of this year.

Harassment

In Mexico, blogger and creator of the well-known blog El Santuario, [es] Ruy Salgado, who disappeared on September 8, 2012, made his last transmission on October 20 after more than a month of silence. Salgado gave a lengthy speech [es] online saying goodbye to his followers and explaining that he would cease to be the public face of the opposition for the sake of his and his family's safety. Known for his support of ex-presidential candidate Andrés Manuel López Obrador and the#YoSoy132 [I am 132] movement, Salgado covered cases of corruption within governmental organizations. Salgado also referred to a “forced” disappearance, the result of the “failed narco-state,” but didn't give more details about his experience in the last five weeks.

Privacy and personal information

At the end of October, the vice president of Bolivia Alvaro García Linera declared that he has begun to review social networks (Facebook specifically) in the search for users that insult President Evo Morales: “I am always going online and writing down the first and last name of those insulting our president.” Officials suggest that the vice president's statements could mean the revival of the Social Network Regulation bill [es], which would bring legal action against those who insult the president on social media. However, President Morales responded [es]: ”We have read many things, but the vice president has never said that these things should be controlled or shut down; we love to inform ourselves about what the opposition is saying, and they have the freedom of opinion, even if with so many adjectives, but that is part of a democracy.” The vice president also admitted [es] that it would be nearly impossible to create a system for the regulation of social media content.

At the root of debate surrounding the Computer Crimes bill in Peru, a group of those interested in the matter have created the platform Una Mejor Ley de Delitos Informáticos [es] [A Better Computer Crimes Law] for debate and feedback. There they propose five points that “will help the formation of a Computer Crimes Law that ensures our security without endangering our fundamental freedoms.” Miguel Morachimo, one of the driving forces behind the platform, wrote about it for Access Now.

Also in Peru, the director of the Authority for the Protection of Personal Information (APDP) announced the creation of a Registry of Personal Information, despite the organization's own deadline for contributions from citizens about the proposed Protection of Personal Information Law [es, PDF] not having passed. Specialist Erick Iriarte wrote [es] that the authority should have waited to receive all contributions [es] from the citizenry because important criticisms of the most recent version [es] of the bill remain unanswered. Blawyer [es] has published more opinions about the law.

Recent Research

Frank La Rue, the special rapporteur for freedom of opinion and expression for the United Nations, published his annual report [PDF], “Promotion and Protection of the Right to Freedom of Opinion and Expression” in June. The report attempts to paint a picture of the state of freedom of opinion and expression in various countries around the world, to document abuses of those rights, and offer legal solutions for those abuses. You can find reports from previous years on the UN website.

The most recent publication [es] from the Center for the Studies of Freedom of Expression and Access to Information at the University of Palermo in Argentina, “Domain names: an expression that deserves to be protected,” analyzes the current administrative system of domain names from a perspective that considers domain names as a form of expression and opinion.

Sovereigns of the Internet

The Journalism in Computer Security [es] competition in Guatemala, an initiative developed by software security company ESET Latinoamérica [es], awards the work of professional journalists who write about technology. This year, the competition brought together journalistic work focused on computer security from around the entire region. The prize for Best Journalistic Work in Computer Security this year was awarded to Alejandra Soto for “Danger on social media,” a report about the risks of social networks.

On December 1 and 2 of this year, six Latin American countries will participate in a regional hackathon called Developing Latin America, organized by the Fundación Ciudadano Inteligente [Intelligent Citizen Foundation]. The initiative brings together multidisciplinary teams of developers, designers, journalists, project leaders, entrepreneurs, and citizens seeking to find -through technology- solutions to problems that span the region.

Ticoblogger [es], a community of Costa Rican bloggers, held the forum  “Anonymity online, pseudonyms, and freedom of expression” [es] on October 24, 2012, in the Legislative Assembly in San José, Costa Rica. The forum discussed article 230 of the Cybercrime Law, which penalizes impersonation on the Internet. Ticoblogger summarized [es] the involvement of bloggers, journalists, and activists in the forum, and included links to the presentations of Gustavo Araya [es, PDF], Julio Córdoba [es], and José Medrano [es].

To finish up, we want to welcome Hisham Almiraat, the new director of Global Voices Advocacy. Blogger and co-founder of the citizen journalism projects TalkMorocco and Mamfakinch [fr], Hisham has actively participated in Global Voices for many years and has a lot of experience in activism in Morocco, where he currently resides. Welcome Hisham!

Written by Equipo Informe Netizen · Translated by L. Finch · View original post [es] · comments (5)
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[All links lead to Spanish-language websites unless otherwise noted]

During the 20th-century, free trade agreements – mainly with the United States – brought about profound changes to the economic and political reality of many Latin American countries. In more recent years, such agreements have posed new challenges in the digital age. In Colombia, Chile, and Costa Rica, non-governmental leaders have worked to lessen the effects of treaties that aim to combat piracy and protect intellectual property, but that frequently prevent Internet users from innovating and exchanging information in creative ways.

Two weeks ago, the latest wave of free trade agreements proposed by the United States arrived in Panama, where the Congress approved a law that will impose severe penalties for violating copyright and will make it almost impossible for the accused to be able to present their cases in court.

Access to information

The Congress of Panamaapproved a copyright bill on September 27, that could restrict the freedom of speech and access to information

Image used for Ley 510 protest, shared on social networks.

online. #Ley510 [Law 510] is the hashtag under which netizens are discussing the bill and making their frustrations known. The law would create an administrative body, the Copyright Directorate General, and bestows on it the power to accuse people of copyright infringement without due process of law and to impose fines of up to 100,000 US dollars, based on only the suspicion of an infraction. Here is a video of an interview with more details about the bill and an analysis of its detrimental effects on the rights of the users. Various organizations, non-profits, and members of the Latin American and international academic world have sent an open letter to President Ricardo Martinelli urging him to abstain from signing the bill, which they refer to as the “worst copyright law in history.” Read user reactions to the bill in a post [en] by Ariel Moreno for Global Voices.

Civil society groups in Colombia are supporting Senator Camilo Romero as he leads a constitutional challenge to Law 1520 (Law Lleras 2.0), a stringent copyright law that was hastily approved by Colombia's Congress in the spring of 2012 in order to comply with the nation's free trade agreement with the United States. The Karisma Foundation, the Foundation for a Free Press (FLIP), and the constitutional law department at the Our Lady of the Rosary University, with mention of the collective RedPaTodos (the Net For Everyone), presented two Citizen Interventions as support for the constitutional lawsuit of Senator Romero. The groups took advantage of the the Constitutional Court's invitation for appearances in the legal process over the law. This is considered a civil success and an important step. Take a look at communications 1 and 2.

In Argentina, already strict intellectual property laws could become even more so if Congress passes a bill that would make violations of the law punishable with jail time. The blog Partido Pirata (Pirate Party) wrote that the bill will only serve to fill Argentinian prisons with copyright infringers. Activist Beatriz Busaniche commented on the issue.

Censorship

Fabio Jose Silva Coelho, the head of Google's operations in Brazil, was arrested [en] for failing to comply with a government order to take down supposedly defamatory videos on YouTube, which Google owns. In the videos, Alcides Bernal, a candidate for mayor in the upcoming elections in Campo Grande, is criticized. In Brazil, public defamation of candidates is against the law during the month prior to elections. Silva was released two days after his arrest.

In Paraguay, without a judge's order, two Internet Service Providers (ISPs) blocked the website Abcolor.me, which satirizes the daily publication ABColor [en]. Users criticized the decision, calling the block an affront to net neutrality and a violation of free speech. Subsequently, the providers unblocked the site.

In Ecuador, netizens have reacted with surprise at the recent communique that the country's president directed to the daily El Comercio. Signed by the national communications secretary, it asserts the government's right to request the personal data of readers whose online comments are considered defamatory, offensive, or harmful, without regard to relevant legal action. Faced with this assertion of power, the publication has opted to shut down the option of commenting on its digital edition.

Cybersecurity

The Ministry of Defense in Colombia completed a cybersecurity crisis management exercise at the University of the Andes in Bogotá. With the support of the Organization of American States, authorities used tools and technologies donated by the United States Department of State with the aim of “reinforcing the ability of the Colombian state to prevent, detect, and mitigate the effects of a large-scale cyber attack in the country.”

Harassment

In Mexico, the blogger and creator of the popular El Santuario (The Sanctuary) website, Ruy Salgado, disappeared on September 8 after finishing a broadcast of his program on the blog. The next day, he was expected to attend a meeting with former presidential candidate, Andrés Manuel López Obrador, in the center of Mexico City, but he never showed up [en].

Salgado is known for his support for López Obrador and the #YoSoy132 [en] movement. His blog reported the controversial elections on July 1 and specialized in covering cases of corruption within government institutions. Several of those who collaborated with the blog work in said institutions and are witnesses to the corruption. They report for the site anonymously, in order to protect themselves. Many Twitter users reported [en] that Salgado had received threats. In its third statement on September 17, the blog presented all the details of Salgado's disappearance and announced that the blog would suspend all activity until he reappeared. More on Animal Politico and Index on Censorship [en].

The blog El Santuario on hiatus

Police officers in Baja California, Mexico arrested supporters of the #YoSoy132 movement during a protest, as well as journalists and photographers [en] who were documenting the event. According to a report from Article 19, an organization that promotes freedom of expression, two cameramen from local television stations were detained and their recordings were destroyed by police before their release.

In Cuba, the well-known blogger Orlando Luis Pardo Lazo was arrested [en] by authorities on the morning of September 1. Later that day, Pardo Lazo was supposed to moderate part of the independent intellectual forum Estado de SATS [en], to which the public is invited to share ideas and debate the political and social future of the island. The forum was canceled in light of his arrest, but went ahead a few days later despite intimidation by police of various participants. Pardo Lazo was released the next day.

Acclaimed blogger Yoani Sanchez was arrested and detained by police in the eastern province of Bayamo last week when she attempted to attend the trial of Spanish national Angel Carromero, who has been accused of vehicular manslaughter in the death of human rights advocate Oswaldo Paya. Arrested and detained with Sanchez were blogger Agustin Diaz and Reinaldo Escobar, Sanchez's husband, who is also a blogger and citizen journalist. All three were held for approximately 30 hours, transported to Havana, and then released. On Twitter, Cuban netizens reported that three other bloggers attempting to cover the trial, including Henry Constantin, were arrested and detained briefly.

In Venezuela, the pro-government hacker group N33 continues to use social media [en] to threaten journalists [en] who are critical of Hugo Chávez's administration. Members of the group periodically attack the Twitter accounts [en] of these journalists and use the accounts to send unkind messages to their followers, in addition to messages in support of President Chávez. 

Privacy and personal information

In Brazil, Facebook will pay damages [pt] of more than two million dollars to a Brazilian model, for violation of her rights to honor and privacy stemming from the wrongful use of her image. The model, whose name has been withheld from press reports for privacy reasons, claims that a third party used her image and personal information to create a fake profile on the social networking site.

In Peru, discussions continue over a computer crimes bill that, in the opinion of many such as attorney Erick Iriarte, violates basic constitutional rights.

Peruvian journalist Rudy Palma was imprisoned, accused of computer crimes for hacking into the email accounts of government workers [en], and was also fired from his job at the daily publication Peru21. In July, he was released under house arrest.

Internet governance

From September 24-26, the fifth regional preparatory meeting [en] of the Internet Governance Forum (IGF) was held in Bogotá, Colombia ahead of the global IGF which will be held in November in Baku, Azerbaijan. The IGF is dedicated to fostering political dialogue between governments, the private sector, the technology sector, academia, and non-profits, and to inform members of the region on issues and trends in Internet policymaking.

Recent analysis

The Electronic Frontier Foundation (EFF) published a new report [en] about digital privacy activism in Latin America, in which they highlighted various groups that work to defend digital rights in their countries and regions. The report offers an excellent summary of the most active NGOs in this field in Latin America.

In addition, EFF published an analysis [en] of how new measures and legislation in the area of copyright pose a threat to Internet users in Colombia and Panama.

The recently published manual ‘Creative Commons, a guide for users‘ offers theoretical information and practical suggestions on Creative Commons licenses for users, in Spanish.

Much of the research that the Center for Studies of Free Speech and Information Access (CELE) at the University of Palermo in Argentina completes is available on its website. One of its recent publications, ‘Slander and defamation: two years of Argentinian Penal Code reform,’ evaluates the effects of the 2009 Law 26.551, which “allowed the decriminalization of slander and defamation in Argentina,”  two years after its implementation.

Sovereigns of the Internet

In Argentina, the Fundación Vía Libre organized a workshop on secure communications and open software for journalists and activists interested in protecting the privacy of their communications online. The workshop was part of a  global series [en] of events dedicated to secure communications as part of the movement “Freedom without Fear.”

In Colombia, the organization Active Internet started a free online seminar about cyberactivism, which began September 27 and will run until February 2013. It is a project by the Fundación Karisma (with sponsorship from Google Colombia and support from  RedPaTodos.) Global Voices published an update and a post [en].

Infographics

• You are not safe online!: Published originally on the blog Compliance and Safety [en].
• 10 things that we shouldn't be stopped from doing because of copyright: NGO Derechos Digitales (Digital Rights).

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For upcoming events related to the future of citizen rights in the digital age, see the Global Voices Events Calendar.

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The first Netizen Report for Latin America and the Caribbean focuses on recent legislation that affects the fundamental rights of Internet users in the region. Over the last two months, the governments of various countries–Costa Rica, Peru, and Brazil, among others–have considered bills that affect freedom of expression, access to information, anonymity, and privacy online. Focused on dangers and criminal activity on the Web, these legislative initiatives portray the Internet as a lawless space where users run a wide range of risks. This is why we've chosen to begin this report with “Don't Be Afraid of the Internet,” a campaign that is looking to reverse this negative message.

Image from the “Don't Be Afraid of the Internet” campaign by NGO Derechos Digitales. Image used with permission.

Mainstream narratives often frame the Internet as a criminal space, dominated by piracy and insecurity. This kind of discourse generates fear in users–and it is precisely what legislators use to promote reforms that threaten Internet freedom, without educating the public about what rights may be sacrificed in the name of security. The Chilean NGO Derechos Digitales (Digital Rights) has launched the #NoTemasaInternet [es] (Don't Be Afraid of the Internet) campaign with the goal of empowering citizens by giving them tools to enjoy, without fear, freedom of expression online: “The Internet is a space in which we can create and disseminate ideas freely. That freedom not only comes from the hand of technology, but also from human rights which guarantee it.” More information on the #NoTemasaInternet [es] website.

Access to knowledge

In Brazil, the Marco Civil da Internet [pt] (Civil Regulatory Framework for the Internet), a “bill of rights” for Internet users under consideration in the Brazilian Congress, has generated much debate over the last few months. The law, progressive and unique worldwide, emphasizes the protection of fundamental rights online, aiming to strike a balance between the interests of users, businesses, and government regarding matters such as copyright, file sharing, P2P networks, etc. Originally, the Marco Civil was going to be voted on by a special congressional committee on August 8, but now will be taken up on September 19. More coverage on ARTICLE 19.

Researchers at the University of Palermo's CELE (Center for Studies on Freedom of Expression and Access to Information in Buenos Aires, Argentina) presented an  ’amicus curiae‘ (“friend of the court“) brief before the Constitutional Court of Colombia amid the revision process for Bill 1520, also known as “Lleras Law 2.0″, which reforms the country's copyright system and would interfere with access to information for Internet users. The document puts forth four key concepts for analyzing the constitutionality of any rule in the context of content use on the Internet: efficiency and innovation, proportionality, authorized uses, and chilling effects. The complete brief is available on the CELE website.

Censorship

On July 10, Costa Rica approved a series of reforms to the penal code that create new criminal offenses (Law 9048 [es]) and severely restrict freedom on the Internet, alarming netizens and journalists. These reforms will eliminate for Internet users the option of supplanting their identities with avatars, pseudonyms, and even images. Another provision widely criticized by activists is the criminalization of the “spreading of false news,” which has been used to justify the imprisonment of a Twitter user for disseminating rumors surrounding a bank. More coverage on Global Voices.

In Argentina, during a speech in a facility belonging to Argentinian oil company Yacimientos Petrolíferos Fiscales (Treasury Petroleum Fields), President Cristina Fernández de Kirchner proposed the creation of a law of public ethics [es] for the practice of journalism: “We need a public ethics law [for the] fourth estate once and for all in Argentina. Not so they say nothing; on the contrary, simply to show if they receive money from some company or if they have some political agenda.” Her proposal caused numerous reactions from bloggers and Argentinian journalists. More coverage on Global Voices.

Cybersecurity

CONATEL [es], the entity in charge of regulating telecommunication services in Ecuador, issued a resolution that poses a serious threat to the online privacy of Ecuadorian users. Resolution TEL-477-16-Conatel-2012 [es] treats IP addresses as public information, despite regulating important aspects for Internet users such as levels of quality and service. Before implementing this controversial measure, the Ecuadorian government created a joint task force [es] with civil society experts in order to initiate dialogue and consider modifications to the resolution, and even used electronic means of communication throughout these discussions such as video chats alongside face-to-face meetings. Nevertheless, the Minister of Telecommunications for Ecuador has stated that they don't expect short-term modifications in the adopted regulation.

A piece of similar legislation is making its way through Peru's National Congress. The proposed Computer Crime Law [es], which aims to modify the Penal Code, would put personal information as well as privacy and secrecy of communications at great risk. The measure has received a forceful response from civil society against the provisions, as they would criminalize normal activities on the Internet and leave the personal information of users in a state of total vulnerability. Fifteen non-governmental organizations that defend digital rights submitted an open letter opposing the legislation to the National Congress. In addition, human rights organizations such as APRODEH (Pro Human Rights Organization) expressed their rejection [es] of the legislation, and citizens have sent more than 5,000 letters opposing the law. More coverage on Global Voices.

In Peru as in Ecuador, these provisions conflict with those rights, recognized by the constitutions of both countries, that protect the privacy of communications.

Thuggery

On the morning of August 16, the Minister of Foreign Affairs for Ecuador, Ricardo Patiño, declared that the country would grant diplomatic asylum to WikiLeaks founder and editor, Julian Assange, who has taken refuge inside the Ecuadorian embassy in London. After rumors began to circulate that Assange had been granted asylum, British authorities responded saying they would honor the Swedish government's order to extradite Assange and send police to arrest him. UK officials provoked the ire of many by claiming to have the authority to enter premises of the Ecuadorian embassy, a move that would have violated the Vienna Convention on Diplomatic Rights. The Committee to Protect Journalists pointed out that, despite this decision in favor of protecting fundamental rights, Ecuador does not have the best record on matters of press freedom and protection of journalists. More coverage from Global Voices here, here and here.

Cuban state police detained some 50 people as they were leaving funeral services for Oswaldo Payá, leader of the well-known Varela Project and important defender of freedom of expression, association, and other fundamental rights on the island. Among those detained were well-known digital activists such as Guillermo Fariñas, previously a prisoner of conscience and known for his hunger strike, and Antonio Rodiles, who heads the independent intellectual forum Estado de SATS dealing with political reform in Cuba, which has its own YouTube channel as well as a large following online. A Cuban blogger residing in Barcelona, Ernesto Hernandez Busto, interviewed Rodiles [es] about the incident. More coverage on Global Voices.

In Peru, blogger and environmental activist Jorge Chávez Ortiz (@chavezwar [es]) was detained for several hours in the city of Celendín, Cajamarca. Though he was arrested for filming police officers and failing to provide identification when asked, sources say Chávez is under constant observation by security forces for his Internet activity in opposition to the Conga mining project. More coverage on Juan Arellano's personal blog [es].

Privacy and personal information 

The Electoral Service of Chile published the personal information of 13 million citizens on the Internet. Netizens, who considered the published data to be excessively detailed, putting the privacy of those citizens at risk unnecessarily, sharply criticized the organization's actions. More coverage on FayerWayer [es].

Sovereigns of the Internet

Five initiatives that have prominently contributed to Internet use in Latin America and the Caribbean have won recognition from the Regional Fund for Digital Innovation in Latin America and the Caribbean, or FRIDA. The winning projects, from Trinidad and Tobago, Argentina, Chile, Mexico, and Colombia, received the FRIDA Award 2012 for their contributions to areas such as Internet access, freedom, development, and innovation in the region. Uruguay and Brazil also received special mention for their efforts.

For upcoming events related to the future of citizen rights in the digital age, see the Global Voices Events Calendar.

Written by Equipo Informe Netizen · Translated by L. Finch · View original post [es] · comments (8)
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