[lac-discuss-en] URGENT - Letter to the Congress of Colombia

cveraq at gmail.com cveraq at gmail.com
Wed Apr 11 12:08:20 UTC 2012


[[--Translated text (es -> en)--]]

 Subject: Re: URGENT - Letter to the Congress of Colombia 
 From: cveraq at gmail.com

 We have way this position is reviewed on a URL so we can spread it on twitter or facebook? 


 They could send a URL to read the entire position? 


 Best Regards 


 Carlos Vera 
 ISOC Ecuador 
 ----- Original Message ----- 
 From: Ageia Densi Colombia <ageiadensicolombia at gmail.com>
 Sender: lac-discuss-es-bounces at atlarge-lists.icann.org 
 Date: Tue, April 10, 2012 23:52:11 
 To: <lac-discuss-es at atlarge-lists.icann.org> ; <lac-dicuss-en at atlarge-lists.icann.org>
 Subject: [lac-discuss-en] URGENT - Letter to the Congress of Colombia 


 Dear, 
 Envo the following letter we have written to establish our voice 
 protest the approval from the Law 201 of 2012. The law has just been 
 votacin approved by Congress, the details are in the 
 letter.I hope you read it and if they're in line suggest that 
 put the name of your ALS at the end to be sent to Congress 
 Colombia and disseminated by means of comunicacina name not only of the 
 users of Colombia, which were not heard but of the whole region. 


 If anyone wants to read the text in addition to the Law, found here: 
 http://dl.dropbox.com/u/629628/LeyTLC/gaceta103InformeDebate.pdf 


 I look forward to their signatures or support for it, thereof promptly. 




 Honorable President of the Senate and the Chamber of Representatives of Colombia: 


 We write on behalf of Internet users in the region of 
 Latin America and the Caribbean to have a voice in the corporation of the Internet to 
 Pin Assignments of the names and numbers - given that ICANN existiun trouble 
 immense to implement the obligations of NAFTA.The process 
 Total of 20 tardms not give its final since the presentation aprobacin 
 by the President, all in order to have results qumostrar 
 during the Summit from the Americas to jointly develop 
 Cartagena since last April 10 and where the whole estcentrada 
 attention of the means of communication. 


 As I write these lines, the project has just finished his votaciny has 
 been approved by what awaits presidential sancin, ie a 
 fact that it is a Law We greatly concerned about the whole process 
 was carried out as hidden ms yrpida possible and were not 
 into account civil society groups in this trmite and without even 
 debate. 


 Remember that the same users you Colombians joined to 
 discuss with you the merits of that Act in matters as important as the 
 following: 


   1. By implementing the measures PROTECTION 'technology (MPT) as a 
   PROTECTION independent copyright may violate rules 
   internal.The implementacin must be such that the PROTECTION of 
   MPT is not independent but linked to the right PROTECTION 
   author that occurs in Colombia. The topic has been discussed in forums such as the 
   Australia, 
   http://www.ivir.nl/publications/guibault/Infosoc_report_2007.pdf and Chile 
   https://www.eff.org/files/filenode/FTAA/20040830_uschile_fta.pdf 
   http://ictsd.org/i/publications/120934/. The central problem is that if 
   this is not possible generation asse civil and criminal liability 
   users for use in the exercise of exceptions and limitations stbNL&gt; <tbSP 2> allows our law, that is, I can order the jail by 
   circumvent a TPM to make a private copy which I have the right. 
   2. May also violate the rights of users if, as in this 
   version, it establishes the administrative procedure itself TLC 
   includes every 4 years to adjust these exceptions. The project is not 
   developed the procedure but only a general facutlad government 
   to propose changes. We wonder then, to quel afn?Nor 
   being met with all the obligations of NAFTA, lack this. 
   3. The bill defines very broadly profit to include any 
   advantage. There are exceptions and limitations such as private copying, which 
   dependent on this definition. However when using it own FTA talks 
   commercial advantage or financial gain. That is no obligation definacin 
   NAFTA not match your text and may violate users' interests. 
   4. If not properly drafted prohbe item that the 
   signal retransmission of Internet TV can also compromise 
   interests of users, because as that across the board estevita 
   exceptions and limitations apply to the retransmission of television signals 
   Internet. That is not the scope of the obligation of the FTA, it is against 
   of our line with national standards and perhaps it forbids censorship 
   to date? 
   5. There is a great preocupacin by delegating judicial functions, as 
   is the delivery of personal information to an administrative authority.As 
   we said in the debate on the Law Lleras in the Rule of Law 
   judges are the only ones that have powers to restrict rights and 
   fundamental freedoms and thus the only ones that can deliver 
   personal information (Excerpt taken from the comments of jurdicos 
   RedPaTodos) 




 Unfortunately they were not the only ones users not heard in this 
 non-debate, a group of professors from the American University in United 
 States also joined the worry of the community concluded that 
 ms will effectively alldel TLC, which provides more powerful 
 that American internal standards and that the result can generate 
 competitive disadvantages between the parties to the trade agreement. The 
 peticin academics support the Colombian civil society to discuss 
 openly put the text to see, if possible, the various 
 interest and comply with internal rules.


 The teachers are surprised that in terms of these items are 
 penalize speeding isolated individuals even when playing the parts without 
 know, indicate no application of the principle of proportionality 
 that exists in the U.S. so that only penalizes activities with a 
 some commercial dimension whose measure gives mnima law (for example 10 
 minimum value copies U.S. 2500). In addition, sealan and project that should 
 include as a minimum for medical evaluation of the three-step test as a 
 to determine whether an action is criminal or not. 


 As if this were not enough, EFF, Electronic Frontier Foundation, is also 
 pronuncicon a statement April 9 that Lamla attention on 
 the TLC tendrel implementacin inadequate in our country, highlighting 
 prescribed a law how copyright is necessary for balanced 
 proper balance of rights.


 Civil society has sent requests and comments to 
 Congress to call for reflection and ask them to indicate their 
 Voting will ultimately is a form of control that has the citizen 
 veedura is the process and their ability to choose their 
 representatives. The strategy is not new, the movements have used 
 civil over the last month and appears to be endlessly 
 giving life to a form of direct participation to politics 
 Governments find it difficult to articulate but seen as a form of freedom of 
 expresiny of civil rights is something that takes a value 
 democrtico impressive system. The public pressure is not 
 will put a stop. 


 Respectfully, 


 ICANN ALS deLACRALO 




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 AGEIA DENSI COLOMBIA 
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