[lac-discuss-en] Fwd: [ALAC] WG: Re: [IRP] FW: [URGENT] Internet Censorship in Venezuela. Bill on Social Responsibly of Internet service providers and electronic media + Creation of National Internet Exchange Point

Cintra Sooknanan cintra.sooknanan at gmail.com
Fri Dec 17 17:53:29 UTC 2010


Dear All,

This is a serious issue which requires our urgent action, as it limits
freedom of speech (and by extension to access of information). The link
below gives a release by the Inter-American Commission on Human Rights
http://www.cidh.oas.org/Comunicados/English/2010/122-10eng.htm

I hope you will all take the time to read this article and the email below,
and perhaps we can also issue a press release or sign a petition against
the proclamation of these Legislative Acts.

Looking forward to your kind and urgent attention.

Cintra
<http://www.cidh.oas.org/Comunicados/English/2010/122-10eng.htm>
On Fri, Dec 17, 2010 at 1:09 PM, Dev Anand Teelucksingh
<admin at ttcsweb.org>wrote:

>
>
> ---------- Forwarded message ----------
> From: Wolf Ludwig <wolf.ludwig at comunica-ch.net>
> Date: Fri, Dec 17, 2010 at 10:05 AM
> Subject: [ALAC] WG: Re: [IRP] FW: [URGENT] Internet Censorship in
> Venezuela. Bill on Social Responsibly of Internet service providers and
> electronic media + Creation of National Internet Exchange Point
> To: At-Large Worldwide <alac at atlarge-lists.icann.org>
> Cc: Ginger Paque <gpaque at gmail.com>
>
>
> Dear all,
>
> this is another alarming information from the IRP list from Ginger. May be
> our friends from LACRALO can follow-up on this.
>
> Kind regards,
> Wolf
>
>
> Ginger Paque wrote Thu, 16 Dec 2010 07:06:
> >                  Hi Lisa and all,
> >
> >      There are two troubling projects in current discussion in the
> Venezuelan parliament, the one Lisa mentions, and one seeking new
>  Internet regulations. They are both likely to pass this week. These merit
> international review and discussion:
> >
> >    After Legislative Setback, Venezuela's Chavez Plans to Legislate by
> Decree
> >http://www.laht.com/article.asp?ArticleId=381328&CategoryId=10718
> >    Chavez announced that he will ask his lame-duck National Assembly
>  (where he will lose his unchallenged majority on January 5) to pass    an
> “Enabling Law” that will allow him to dictate by decree for 18    months --
> bypassing the incoming Opposition legislators. ...
> >    ...
> >    In the next 165-member National Assembly, the ruling party will have
>  the majority of lawmakers but not, as it has had up to now, the
>  two-thirds majority necessary to approve organic laws or    extraordinary
> measures such as granting special powers to the    president.
> >
> >    A Venezuelan newspaper account: Venezuelan        govn't seeks media
> law to regulate the Internet
> >
> http://english.eluniversal.com/2010/12/10/en_pol_esp_venezuelan-govnt-se_10A4838455.shtml
> >
> >    Global Voices has a comment on the Resorte (Internet        law) here,
> although it does not take into account yesterdays      discussions:
> >
> http://advocacy.globalvoicesonline.org/2010/12/12/venezuela-law-for-internet/
> >
> >
> >
> >          Ginger              (Virginia) Paque
> >            IGCBP              Online Coordinator
> >              DiploFoundation
> >            www.diplomacy.edu/ig
> >
> >      The              latest from Diplo...
> >            http://igbook.diplomacy.edu            is the online
> companion to An              Introduction to Internet Governance, Diplo's
>          publication on IG. Download the book, read the blogs and
>  post            your comments.
> >
> >
> >    On 12/16/2010 5:44 AM, Lisa Horner wrote:
>        Hi all
> >
> >
> >
> >        Please see below information about the worrying            bills
> that have been presented in Venezuela.  Is there            anything we can
> do on this?
> >
> >
> >
> >        Apologies for cross posting.
> >
> >
> >
> >        All the best,
> >
> >        Lisa
> >
> >
> >
> >                  From:              Pedro Less Andrade [mailto:
> pedroless at google.com]
> >              Sent: 15 December 2010 23:34
> >              To: Kurt Opsahl; <katitza at eff.org>; Sonja
>  Gittens-Ottley; Sebastian Bellagamba; Raúl Echeberría;
>  Alejandro Pisanty; OscarM; Cynthia Wong; Ruth Puente; Lisa
>  Horner
> >              Subject: Re: [URGENT] Internet Censorship in
>  Venezuela. Bill on Social Responsibly of Internet service
>  providers and electronic media + Creation of National              Internet
> Exchange Point
> >
> >
> >
> >        Hi all,
> >
> >
> >
> >                          The Inter-American Commission on Human Rights
>              (IACHR) and its Office of the Special Rapporteur on
>    Freedom of Expression just sent a press release today on
>  the Venezuelan issue.
> >
> >
> http://www.cidh.oas.org/Comunicados/English/2010/122-10eng.htm
> >
> >
> http://www.cidh.oas.org/Comunicados/Spanish/2010/122-10sp.htm
> >
> >
> >
> >                    It has very good paragraphs on freedom of
>  expression and Internet.
> >
> >
> >
> >                          Please, circulate this among your
>  contacts and the Internet community.
> >
> >
> >            Best,
> >
> >
> >
> >                          Pedro
> >
> >
> >
> >
> >
> >                      On Sun, Dec 12, 2010 at 1:32 PM, Pedro
>  Less Andrade <pedroless at google.com>              wrote:
> >
> >
>                            Dear all,
> >
> >
> >
> >                                                              You might
> heard about these                        two bills that are going to be
> debated at                        Venezuela National Assembly next Tuesday.
>  Those                        represent a serious threat to free expression
>                        online. It will be interesting the possibility
>                  to have a strong coordinated response from the
>            Internet Community.
> >
> >
> >
> >                                                              Please find
> below a report                        that I prepared about the two bills:
> >
> >
> >
> >                                                                    On
> December 10, we learned                          about a two new attempts to
> censor Internet in                          Venezuela:
> >
> >
> >
> >                                                                    1.  A
> new bill that will go                          to parliament next week to
> amend the Law of                          Social Responsibly for Radio and
> Television                          and adds special provisions for Internet
>                          service providers and electronic media. Please
>                      find the text of the bill here from the National
>                    Assembly website (also attached). The National
>                Assembly scheduled the debate of the new bill
>          for Tuesday December 14.
> >
> >
> >
> >                                                                    2.
> There is another bill to                          reform the National
> Organic Telecommunications                          Law. Section 212 of the
> bill established a                          National Internet Exchange Point
> (IPX or NAP).                           This will be a way for the
> government to have                          a centralized Internet point of
> access to the                          country an control the traffic get in
> and out                          of the country. Please find the
> bill here (also attached).
> >
> >
> >
> >                                                                    Manuel
> Villalba, a                          lawmaker from President Hugo Chavez's
>                        Socialist Party, said the law was aimed at
>                protecting citizens.
> >
> >                                                  "Nowhere is the
>                    restriction of access to the Internet
>        suggested. There should just exist
>  protection of citizens' moral and ethical
>  honor," said Villalba, who heads the                            National
> Assembly's media commission.
> >
> >
>
> >
> >
>                            The bill allows the
>  government to restrict access to websites                              if
> they are found to be distributing                              messages or
> information that incite                              violence against the
> president.  The bill                              also applies limits on
> content in                              "electronic media" according to the
> time                              of day, with adult content reserved for
>                            programing after midnight.
> >
> >
>
> >
> >
>  I made a                            preliminary assessment of both bills:
> >
> >
>
> >
> >
>
> >
> >
>  1. About the Bill                              on Social Responsibly:
> >
> >
>
> >
> >
>  Section 1: The "purpose"                            of the bill is
> to establish the social
>  responsibility of providers of                              radio and
> television services, Internet                              service providers
> and electronic media,                              advertisers, independent
> national                              produces, and users to promote
>                    democratic equilibrium between their
> >
> >                                                 duties,
>          rights and interests for the purposes
>  of promote social justice and contribute
>  to citizenship formation, democracy,
>  peace, human rights, culture,                            education, health
> and social and economic                            development, in
> accordance with the rules                            and principles
> of constitutional law for
>  the integral protection of                            children and
> adolescents, culture,                            education, social security,
> free competition                            and the Organic Law of
> Telecommunications.
> >
> >
> >
> >                                                                    The
>                          bill is very ambiguous
>  and vague because                            it extends the application of
> the prior law                            (aimed to regulate Radio and TV) to
> the                            Internet sphere. It is not clear what
>                    applies to Internet Service providers and
>            electronic media and what not.
> >
> >
>
> >
> >
>  The                              bill defines 4 elements to be classified:
>                              language, sex, health and violence. And
>                      categorized each element into different
>              levels of publishing or broadcasting: A,
>        B, C, D and sometimes E.
> >
> >
>
> >
> >
>  Section                                8 defines the prohibitions for
>                        Radio, TV and Electronic Media in
>          connection with content that:
> >
> >
>  contain                            elements of sex type "E" health "D" and
>                            violence "C".                            may
> incite                            hatred or promote religious,
>              political,  gender intolerance or racism or
>        xenophobia.                          incite or
>      promote and / or justify crime.                          could be war
>                          propaganda                          may be handled
>                            and designed by media to promote unrest in
>                      the citizenship or disturb public order.
>            may be destined                            to ignore the legally
> constituted                            authorities, disrespect to the
> authorities                            or persons carrying these charges.
>                        could lead to                            president
> assassination.                          could incite or
>        promote breach of law.                          offend
>              good customs.                            use visual
>                techniques, sound or contexts that prevent
>          or hinder the users to perceive them
>  consciously.                                                Internet
> Service Providers                          should establish mechanism to
> restrict,                          without delay, the dissemination of and
> access                          to content subsumed under the
>            prohibitions contained in paragraphs
>  2,3,4,5,6,7,8, 9 and 10,  when requested
>  by National Telecommunications Commission
> >                          in exercise of its powers. The
>          National Telecommunications Commission
>  may order Internet Service Providers                            to restrict
> access to messages and reported                            portals.
> >
> >
> >
> >                                            Internet service providers
>                    will be responsible for the information and
>          content prohibited referred in this Article, in
>    cases that they originated the
>  transmittion, modified the data, selected
>  the recipients fail to limited the access to                        them in
> response to the request made by
> >                        bodies with jurisdiction in the matter.
> >
> >
> >
> >
>  Section 28 subsections                              3 and 4: extend
> sanctions to ISPs.                            Penalties could range from
> 3-4% of their                            annual gross income. Those
> penalties has a                            particular focus on advertisement
> associated                            with different activities
>                (professional services without the proper
>        national
>  certification, beneficial institutions                            without
> the proper registration, tabacco,                            alcohol,sexual
> services and products, ads                            against transport law
> (I imagine speeding,                            radars detectors) among
> others.
> >
> >
>
> >
> >
>  Section 29 established                            additional penalties,
> suspension and                            revocation of government
> concesions to                            provide their services.
> >
> >
>  The penalties could go up                            to 10% and suspensions
> of services up to 72                            hours, when providers
> disseminate the                            following type of messages:
> >
> >
>
> >
> >
>  a)                              Those that promote, advocate or incite war
> >                              b) Those that promote, advocate or incite
>                            public disturbances;
> >                              c) Those that promote, advocate or incite
>                            crime;
> >                              d) Those that may
>    incite hatred or promote religious,
>  political,  gender intolerance or                              racism or
> xenophobia.
> >                              e) Those that may be discriminatory
> >                              f) Those that may be contrary to National
>                            security;
> >                              g) Anonymous messages.
> >                              h) Those that could be war propaganda
> >                              i) Those that could be
>        handled and designed by media to promote
>  unrest in the citizenship or disturb                              public
> order.
> >                              j) Those that are intended to ignore
>                      the legally constituted authorities,
>            disrespecting the public authorities or
>    persons carrying these authorities.
> >                              k) Those which could lead to president
>                        assassination
> >
> >
>
> >
> >
>                            Revocation will take
>  place when providers subject to this
>  law repeated the conducts sanctioned                              above.
> >
> >
>
> >
> >
>
> >
> >
>  2. About the                                Bill amending the National
> Organic                                Telecommunications Law:
> >
> >
>
> >
> >
>  New Section 212:                              Creation of National Exchange
>                                Point or Network Access Point for
>                    Internet Service Providers in Venezuela
> >
> >
>  The                              State create an Exchange Point or Network
>                              Access Point for Internet Service
>                Providers in Venezuela in order to manage
>          the traffic                              from and to Venezuela
>                          with the purpose to having a more
>            efficient use of the networks in the
>  country, given the strategic nature of the
>  sector. The governing body (National
>  Telecommunications Commission) will                              determine
> the State enterprise that will                              be responsible
> for installation, operation                              and maintenance of
> the Exchange Point or                              Network Access Point for
> Internet Service                              Providers and will issue, by
> resolution,                              the rules applicable to determine
> the                              model, constraints, requirements,
>                    implementation schedule and any other
>          matter necessary to achieve the conditions
>      that may be appropriate for proper
>  implementation.
> >
> >
>
> >
> >
>  If the government force                            all the national ISPs to
> connect to the                            IXP/NAP the will have the
> technical ability                            to inspect, filter and block
> internet                            traffic from and to Venezuela.
> >
> >
>
> >
> >
>  Conclusions:
> >
> >
>
> >
> >                                                This constitutes a
>                  flaflagrant violations to the OAS
>  Inter-american Convention of Human Rights,
>  particularly sections related to freedom of                          speech
> and indirect censorship.
> >
> >
> >
> >                                                  If both bills got
> passed,                            Internet services, particularly web 2.0
>                          platforms, will  face increasing blocking
>                  and filtering in Venezuela, at ISP level.
> >
> >
>
> >
> >
>
> >
> >
>  Useful links:
> >
> >
>
> >
> >
>  Press:
> >
> >
> http://ca.reuters.com/article/technologyNews/idCATRE6B90SA20101210 (Reuters,
>                            English)
> >
> >
> http://fromtheold.com/news/internet/chavez-plans-censor-internet-20933
>  (English)
> >
> >
> http://www.codigovenezuela.com/2010/12/noticias/politico/la-censura-para-internet-se-discute-el-martes/
> >
> >
> http://caracas.eluniversal.com/2010/12/10/pol_ava_gobierno-creara-punt_10A4839611.shtml
> >
> >
>
> >
> >
>  Blogs:
> >
> >
>  Internet censorship in                            Venezuela: the real
> objectives (in                            English):
> http://daniel-venezuela.blogspot.com/2010/12/internet-censorship-in-venezuela-real.html
> >
> >
>
> >
> >
>  Venezuela's National                              Assembly Website:
> >
> >
>                            Proyecto de Ley de Reforma de
>                la Ley Orgánica de
>  Telecomunicaciones
>                        Proyecto de Ley De Reforma de
>            La Ley de Responsabilidad Social en
>      Radio y Televisión
>
>
> >
> >
>
> >
> >                            Best,
> >
> >
> >
> >                                      Pedro
> >
> >
> >                        --
> >              Pedro Less Andrade ■ Gerente Senior de Asuntos
>  Gubernamentales y Políticas Públicas / Senior Policy              Counsel ■
> Google ■ Latin America
> >              O: +54 11 5530 3209  ■  M: +54 911 6242 4153 ■
> pedroless at google.com
> >
> >
> >
> >
> >            --
> >            --
> >            Pedro Less Andrade ■ Gerente Senior de Asuntos
>  Gubernamentales y Políticas Públicas / Senior Policy Counsel            ■
> Google ■ Latin America
> >            O: +54 11 5530 3209  ■  M: +54 911 6242 4153 ■
> pedroless at google.com
> >
> >
> >______________________________________________________________________
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> >          For more information please visit
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> >______________________________________________________________________
> >
> >            _______________________________________________IRP mailing
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> >
> >
>
> comunica-ch
> phone +41 79 204 83 87
> Skype: Wolf-Ludwig
> www.comunica-ch.net
>
> Digitale Allmend
> http://blog.allmend.ch -
>
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>
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