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How we learned to stop worrying and love the ban

Document Citado por Related
Vincent
AutorMiguel Morachimo
Páginas104-106

Page 105

See note 43

A group of bills recently introduced in the Peruvian Congress address various issues related to Internet use. However, its take on technologies and potential is biased and pessimistic resulting in formulas which propose banning all that cannot be controlled.

A bill introduced by Congressman Omar Chehade bases itself on the concern of how easy it is to get access to pornography through the Internet. It considers that it is becoming increasingly dificult for parents to monitor what their children are doing online, due to the current variety of mediums and devices that allow people to connect. He therefore proposes the creation of a state commission dedicated to identifying and ordering the blocking of all content deemed unsuitable for minors on the Internet. This iltering would be the default setting for all Internet connections in the country and would only be deactivated for users who demand it from their Internet providers.

The proposal suffers from profound legal and practical problems, as we have already pointed out at Hiperderecho, because, in principle, it would

Page 106

implement a state system of prior censorship on content that is actually legal, such as is the case with pornography. The project does not seek to regulate access to child pornography, but to pornography in general.

In addition, the requirement of explicitly having to ask your Internet provider to enable the pornographic content would create a national registry of pornography consumers which nobody would want to join.

If put into practice, the project would also be very dificult to implement and receive proper maintenance. The volume of sites that would be added daily, to a state black list, would lead to errors and grey areas, together with cases where the state authorities may use this for censorship of a political nature. The intensive use of this power would lead to the blocking of services such as Tumblr and Pinterest or of all other peer-to-peer trafic in Peru. Therefore, accepting these solutions would open the door in the near future for the implementation of similar iltering systems for infringements of copyright or defamation.

Furthermore, after a troubled irst attempt to extend the range of existing computer crimes in Peru, a new bill signed by the Executive wants to incorporate a set of new offences related to computer systems. The proposal is partly based on the Budapest Convention on Cybercrime as it proposes to incorporate crimes...

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