[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
> >
> >
> >______________________________________________________________________
> > This email has been scanned by the MessageLabs Email Security
> System.
> > For more information please visit
> http://www.messagelabs.com/email
> >______________________________________________________________________
> >
> > _______________________________________________IRP mailing
> listIRP at lists.internetrightsandprinciples.orghttp://
> lists.internetrightsandprinciples.org/listinfo.cgi/irp-internetrightsandprinciples.org
> >
> >
>
> comunica-ch
> phone +41 79 204 83 87
> Skype: Wolf-Ludwig
> www.comunica-ch.net
>
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> http://blog.allmend.ch -
>
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>
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