[governance] Fwd: Congreso del Peru puede aprobar ley contra el #internetlibre by E.Iriarte

Sat Aug 4 16:07:27 EDT 2012

This is the English Translation on Google of what Erick sent:

Peru Congress can pass laws against the # internetlibre by E.Iriarte

"The ax used to cut heads, but also use it to cut trees and build houses
with wood. You must learn to realize how much good in the bad and very bad
it can be good. The sweet sugar can harm us Castor and disgusting we can
heal. " Don Cesar Echague by Jose Marllorquí

The Opinion of the Committee on Justice and Human Rights awarded to
034/2011-CR Bills, 307/2011 -CR and 1136/2011-CR with alternative text
proposed by the Law of Crime, published dated 20 July Despite the adoption
of the June 26 as recorded in the transcript of the meeting of that date)
seeks to address a phenomenon known by the legislature in the best way they
can: developing a text based on its knowledge and belief, despite the fact
that when we gave him some information to better understand the phenomenon
[see: http :/ / iriartelaw.com /
comments-Project-of-Law-of-Crimes-Informaticos]<http://iriartelaw.com/comentarios-Proyecto-de-Ley-de-Delitos-Informaticos%5D>

No doubt a laudable effort and remarkable by the legislator and his
advisors (who had to weather criticism about the originality of the text of
the background [see http://www.blawyer.org/2012/07/02/congreso
-crime-computer-hacking
/]<http://www.blawyer.org/2012/07/02/congreso-delitos-informaticos-pirateo/%5D>
,
when faced with a difficult subject such as cybercrime.

The bill has passed the House where the "debate" promptly, including among
others the following: "It is within the scope of the secrecy of
communications information regarding the identity of the mobile phone
holders, the registration numbers customer telephone line and equipment,
call traffic numbers and Internet Protocol (IP numbers). Therefore,
companies that provide telephone and internet services must provide the
above information together with information identifying the holder of the
appropriate service, the National Police of Peru or the Attorney General
within forty-eight hours received the request, under the responsibility,
when these institutions are acting in the performance of their duties.
"More amazing than the text itself are the arguments to keep the same
expressed by Committee Chairman, Congressman Beingolea, which indicates
that these issues" that believe that constitutional coverage does not reach
these ", ie as if the information of IP numbers that are personal (Although
the law on protection of personal data says," art.2.4 personal information
means information about an individual that identifies it or makes it
identifiable through means that can be reasonably used ").

Among those who have seen the danger of privacy and those who perceived a
threat to freedom of expression, we have more than enough reasons to fear
for what would this project (almost as much as the lack of regulations for
the protection law data, leaving in limbo items such as those intended to
regulate the present law).

It is then unnecessary computer crime law?, Certainly not unnecessary and
should be able to regulate a series of events using ICT and affecting the
legal right information in a clear and direct. We are one of the earliest
countries adopted a regulation in issue of crime (crimes affecting the
legal right information) with the addition of Articles 207A, 207B and 207C,
focused on computer intrusion and cracking. Then we develop legislation to
strengthen the fight against child pornography, we gave prosecutors powers
to intervene in communications (including digital communication) but did
not give him to criminal issues through ICT, and several projects have been
proposed for adecuadar existing criminal types, but not completed.

It is therefore necessary to an international instrument such as the
Cybercrime Convention, which allows us to insert ourselves in the
international efforts and not be like an island unregulated. The Convention
has been signed separately by European countries, USA, Japan, Australia,
New Zealand among others, present in the region to Argentina, Chile, Costa
Rica, Dominican Republic and Mexico that have signed or are in process of
ratification of agreement. While other countries already in the process of
signing the agreement.

Provides tools for regulatory adaptation to international cooperation and
opens the door for the development of regulations on computer forensics
tool needed to give the police and prosecutors to prosecute the crime.

Being relevant to the development of Information Society and thereby create
a regulatory framework conducive to the development of the ICT industry but
above all for social development, the question to ask is: What about when
Peru signed and ratified the Agreement of cybercrime, or do we want to be
an island where crime is used with impunity to commit a crime?

Taking the above story, the law intends to adopt the parliament, taking
into account that has been with good intention, rather than benefit and
protect ends up being a tool that can violate the rights they have earned
with hard work such as protection of personal data, added to which must
ascribe to the Budapest Convention (which curiously during the debate in
the Commission mentioned as a source for the "definitions" is not taken as
normative source for the articles).

We face a debate over whether good or bad law, we are faced with "the
sweetest sugar causes tooth decay" and this law is intended to help, ends
up affecting. This is not to invent new things, when many international
law, because this is a transboundary phenomenon has already been advanced
and developed in the Agreement on cybercrime, you have to sign it, as has
been said by government officials and private the past 10 years.

Passing this law will not be an advance, is it a real throwback and
sensitive development of the Information Society in Peru and thus affect a
lot of developments and rights that have earned this important tool.

Time to get out to claim, we can not be one more of those making the number
of connected. Require tools to prosecute crimes such as Budapest Agreement
of cybercrime, which to date has not been signed, but also require that the
instruments defend the rights of individuals. Internet is a lawless world
but certainly not a place to act in cold blood. #
NOLeydelitosinformaticos Peru Congress can pass laws against the #
internetlibre by E.Iriarte

"The ax used to cut heads, but also use it to cut trees and build houses
with wood. You must learn to realize how much good in the bad and very bad
it can be good. The sweet sugar can harm us Castor and disgusting we can
heal. " Don Cesar Echague by Jose Marllorquí

The Opinion of the Committee on Justice and Human Rights awarded to
034/2011-CR Bills, 307/2011 -CR and 1136/2011-CR with alternative text
proposed by the Law of Crime, published dated 20 July Despite the adoption
of the June 26 as recorded in the transcript of the meeting of that date)
seeks to address a phenomenon known by the legislature in the best way they
can: developing a text based on its knowledge and belief, despite the fact
that when we gave him some information to better understand the phenomenon
[see: http :/ / iriartelaw.com /
comments-Project-of-Law-of-Crimes-Informaticos]<http://iriartelaw.com/comentarios-Proyecto-de-Ley-de-Delitos-Informaticos%5D>

No doubt a laudable effort and remarkable by the legislator and his
advisors (who had to weather criticism about the originality of the text of
the background [see http://www.blawyer.org/2012/07/02/congreso
-crime-computer-hacking
/]<http://www.blawyer.org/2012/07/02/congreso-delitos-informaticos-pirateo/%5D>
,
when faced with a difficult subject such as cybercrime.