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Cybercrime in Peru

Document Citado por Related
Vincent
AutorMiguel Morachimo
Páginas232-232

Page 232

See note 96

In Digital Rights LAC, we asked to different specialists in the region about their personal appraisal in digital rights issues. This is the case of Miguel Morachimo of Peru, to whom we asked in what sense the case of cancellation of the Peruvian domain thepiratebay.pe is proof of bad legislations that show lack of understanding of how the Internet works and what rights are at stake? 2013 was a year full of discussions on Internet freedoms in Peru, from the TPP negotiations to cybercrime law, through the pending proposals to ilter pornographic content and new exceptions and limitations to copyright. However, perhaps the case that has shown us the fragility of our system is the cancellation of the Peruvian domain name of The Pirate Bay.

In early December, The Pirate Bay started using a Peruvian domain name (thepiratebay.pe) as the primary address for its site. Only six days later, the Copyright Commission of the National Institute for the Defense of Competition and Intellectual Property (INDECOPI in Spanish) issued ex oficio a precautionary measure, without any legal proceeding, ordering the Peruvian registrar the cancellation of the domain name. For the Commission was suficient the fact that in others countries the website administrators have been prosecuted for contributing to infringement of copyright. At no time it was given the opportunity to the affected-service holders to present their case and the precautionary...

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