[governance] FW: [A2k] Costa Rican Constitutional Court Declares Internet Fundamental Right

[Michael Gurstein]

This is very interesting -- particularly the connection between access and
the "enjoyment of other fundamental rights".

Mike

-----Original Message-----
From: a2k-bounces at lists.keionline.org
[mailto:a2k-bounces at lists.keionline.org] On Behalf Of Pranesh Prakash
Sent: Wednesday, September 08, 2010 6:54 PM
To: a2k at lists.keionline.org
Subject: [A2k] Costa Rican Constitutional Court Declares Internet
Fundamental Right


http://www.nacion.com/2010-09-08/ElPais/NotasSecundarias/ElPais2514038.aspx

Automatic translation from Spanish to English via Google:

The Constitutional Court declared the Internet access as a fundamental right
of citizens.

Furthermore, this Court ordered the State to promote and ensure universally
(for all), the citizens' access to new technologies.

"This ruling will force us to revise national plans of development of
telecommunications, as currently there is no 100% goal of universality of
access to these services," the minister said yesterday governing the area,
Teofilo de la Torre .

The ruling was delivered on 30 July when the Constitutional Court declared
the place a writ of amparo against the leaders of the ICE, the Sutel and the
Ministry of Environment, Energy and Telecommunications
(MINAET) for the delay in opening the cell. The protection was promoted by
Juan Manuel Campos, an expert in regulation.

The Court gave the government three months to realize competition in mobile
telephony.

The Board concluded that the "delay verified" at the opening of
telecommunications, in addition to violating the right to a speedy
implementation of the laws, has "affected the exercise and enjoyment of
other fundamental rights."

Among them, freedom of consumer choice, the right of access to new
information technologies, equality and eradication of the digital divide and
Internet access through the interface (middle) of your choice.

George Miley, president of the Council of the Superintendency of
Telecommunications (Sutel), explained that the delay in opening only applies
to the mobile Internet as there is already competition in the country.

Basic right. In the vote, reported Monday, the judges argue that at this
time access to new technologies is a basic tool to facilitate the exercise
of fundamental rights, democratic participation and citizen control,
education, freedom of expression and of thought, among others.

"Even, it has affirmed the fundamental right that covers the access to these
technologies, in particular, the right to access to Internet or network of
networks", says the Board in reference to a setencia the Constitutional
Council of France, who scored a basic right to Internet access.

On failure, Miguel Gonzalez, executive director of the Chamber of
Infocommunication and Technology, said that coincide with the Board on the
State's obligation to promote universality.

"You can say that this resolution Costa Rica has consolidated its
competition model with social inclusion," he added.

The country has less than 50% Internet penetration, while cellular coverage
is 80% of the country. This service allows access to the Internet. 

-- 
Sent from Ubuntu


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