[Chapter-delegates] Law & Contents control / Ecuador

Wed Jul 27 06:09:36 PDT 2011

I do agree that some form of legislation should be in place to deal with
issues as child pornography, bank fraud, intellectual property rights,
phishing (I know...phishing? Well, yes, it can be done through regular
mail), etc. These are thing that have already been dealt with outside the
scope of the Internet and should be dealt with withing the Internet.  It
should not matter the medium that is being used.

I can not agree in putting in place legislation for things that happen only
in the Internet when the same thing happens outside and there is no
legislation for them at all.

ISPs should be abide by any law but they should not be responsible for
enforcing it.

-ed

On Wed, Jul 27, 2011 at 7:39 AM, Carlos A. Afonso <ca at cafonso.ca> wrote:

> Yes, I do agree, provided that whoever enforces the law in the highway
> on both sides of the border is not the operator, but the proper law
> enforcement authorities, right?
>
> []s fraternos
>
> --c.a.
>
> On 07/27/2011 08:24 AM, cveraq at gmail.com wrote:
> > +1
> >
> > The thing is that when warned about something illegal and not taking
> action then the ISP or host must be also responsible
> >
> > Using the highway example an authority in one side of frontier can not
> say they are not responsible of drug traffic transported in vehicles using
> the highway in their side of frontier because they only provide the
> infrastructure. If the people of the other side of frontier warns that the
> highway is used for drug traffic and prove it, the legal actions and
> measures to prevent the transportation must be in place.. And if this is
> continuous, there is always the option to close the frontier for those
> coming from the other side of frontier because people responsible in that
> side does not take action to prevent drug traffic
> >
> > Do we agree?
> >
> > Carlos
> > Mensaje enviado desde mi terminal BlackBerry® de Claro
> >
> > -----Original Message-----
> > From: "Carlos A. Afonso" <ca at cafonso.ca>
> > Date: Wed, 27 Jul 2011 07:38:16
> > To: <cveraq at gmail.com>
> > Cc: Freddy Linares Torres<freddylinares at gmail.com>; Chapter Delegates<
> Chapter-delegates at elists.isoc.org>
> > Subject: Re: [Chapter-delegates] Law & Contents control / Ecuador
> >
> > Carissimi,
> >
> > Preemptive disclaimer: I am not a lawyer. :)
> >
> > About a "regulatory function" of content providers, my vision is that if
> > they are providers of their *own* content of course they should be
> > responsible for it -- according to a basic principle that any content is
> > the responsibility of whoever *produces* it in the first place.
> >
> > If a content provider hires someone to produce content for the provider
> > to publish (say, Terra, UOL, CNN etc) the provider may or may not be
> > responsible for it, depending on the terms of the contract (in which
> > case the disclaimer should always accompany the content).
> >
> > A serious risk emerges when lawmakers confuse production of content with
> > whoever opens up an Internet space for this content to be disseminated
> > and automatically assign legal responsibility to the provider. So a
> > provider (say, a blog host) is not preemptively responsible for the
> > content posted by a blogger. In general there is a "loose contract" in
> > the form of a "terms of service" which the blogger agrees to before
> > starting to post (and I have never seen a list of "forbidden words" in
> > these terms of service).
> >
> > So under no circumstance (in a democratic society) a host of content
> > services should be required to exert law enforcement power over users of
> > its service -- in the same way a highway operator is not responsible for
> > the content of vehicles going through it -- unless it has taken legal
> > responsibility over the content in question for itself beforehand. It
> > certainly should provide all information to law enforcers when required
> > by a due process of law and abide by legal decisions resulting from this
> > due process.
> >
> > To base content censorship on a collection of words is a form of
> > policing which in many cases will censor the "wrong" thing. An ebook or
> > film publisher for instance would not allow in its stock American films
> > or romances with the word "fuck"? (Incidentally, would it be acceptable
> > that the host of this list censors this message?)
> >
> > Lawmakers have a function, lawy enforcers have a function, content
> > providers have a function etc etc -- all these based on a constitution
> > of principles built by social consensus. This is how democratic
> > societies are organized. Imperfectly so, yes, but nevertheless still the
> > best alternative.
> >
> > Of course in every situation there are the obvious extremes -- any
> > content provider not linked to the business of pedophilia would
> > obviously take immediate action if it identifies its presence in the
> > space under its purview etc.
> >
> > IMHO
> >
> > --c.a.
> >
> > On 07/27/2011 12:52 AM, Carlos Vera wrote:
> >> Freddy and all: Now in Ecuador, the parliament is discussing a new
> >> communication law. It´s said for some sectors that the proposed text is
> >> trying to control free speech in any technological platform. In my
> opinion
> >> this is not exact.
> >>
> >> Most main content providers has policies or self regulation or laws that
> >> work for them in issues such as the publication of some content that
> >> infringe laws or Intellectual property or have some words not
> permitted..
> >> they use to ban this kind of content using filters for such words or
> putting
> >> down some content (videos, pictures, words, etc) after some claim. For
> >> example we can have youtube not showing some videos in certain
> countries...
> >> or yahoo banning some words (like verga in spanish or fuck for example)
> >> automatically or manually under some advice or report. The same with
> >> facebook for example or google..
> >>
> >> So this kind of regulations works in this way.. and it is necessary to
> have
> >> some way to law enforce the right of users or authorities so content
> >> providers  and infrastructure providers have the way to follow the law
> under
> >> certain circumstances.. so you have the way to control not maybe what
> people
> >> publish but what you maintain published after a warning..
> >>
> >> No matter what, this is a political discussion with some people in one
> side
> >> and other people in the other so we need to understand how this works
> and
> >> that this exists already in most legislation all around the world.
> >>
> >> Carlos
> >>
> >> El 26 de julio de 2011 19:54, Freddy Linares Torres <
> freddylinares at gmail.com
> >>> escribió:
> >>
> >>> Perhaps Carlos could give us more information.
> >>>
> >>>
> http://www.radiosucre.com.ec/index.php?option=com_content&view=article&id=16203:ley-de-medios-incluye-control-de-contenido-que-se-publica-en-internet&catid=1:politica&Itemid=24
> >>>
> >>> Saludos,
> >>>
> >>> -------
> >>> Freddy Linares Torres
> >>> ISOC Perú
> >>> Tel. + 51 1 997378646 | twitter: @freddylinares |
> www.freddylinares.com
> >>>
> >>> * Vía Digital http://blogs.gestion.pe/viadigital/
> >>>
> >>>
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> >>>
> >>>
> >>
> >>
> >>
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