El bloqueo y la censura en la web estarían por llegar a México con la nueva propuesta de Peña Nieto

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Enrique Peña Nieto presentó la iniciativa de Ley de Telecomunicaciones y Radiodifusión, dicha iniciativa plantea varias licitantes al internet como la censura de contenidos, la posibilidad de bloquear la señal en concentraciones públicas teniendo la seguridad como argumento e incluso afectar la neutralidad de red según han comentado especialistas en derechos digitales.

El activista y abogado especializado en derechos digitales, Luis Fernando García y el consultor independiente Israel Rosas han considerado que la atención puesta sobre la regulación de las televisoras y de Telmex puede permitir que en el congreso pasen sin discusión y análisis suficiente la nueva regulación que se propone al internet en nuestro país.

Se ha mencionado como ejemplo en varios medios al artículo 197, fracción VII, de la iniciativa puesto que plantea la posibilidad de que los concesionarios suspendan la red de internet dentro de ciertas áreas y eventos: “Bloquear, inhibir o anular de manera temporal las señales de telecomunicaciones en eventos y lugares críticos para la seguridad pública y nacional a solicitud de las autoridades competentes”.

Es imposible que luego de leer dicho artículo no nos llegue a la mente lo sucedido recientemente en Venezuela luego de que el gobierno hubiera bloqueado el acceso al internet y también el bloqueo de Twitter y Youtube en Turquía.

“Se abre la posibilidad de que bloqueen la red durante una manifestación, lo cual atentaría contra el derecho a documentar tanto de ciudadanos como de periodistas, así como de transmisión. Durante los últimos meses hemos visto abusos policiacos en marchas que ya no podrían ser denunciados en tiempo real si se aprueba algo así”, dijo Luis Fernando García.

El juicio de Rosas es similar: “Hay que tener cuidado con el argumento de la seguridad pública porque bloquear la señal de internet podría impedir que los ciudadanos denuncien, precisamente, abusos policiacos durante concentraciones públicas”.

Lo que quiere decir el principio de neutralidad es que los proveedores de servicio de internet tratarán equitativamente a los usuarios, es decir que los proveedores no podrán impedir o bloquear determinado tipo de tráfico.

Ahora bien, en el artículo 146 de la iniciativa se señala lo siguiente:

“Los concesionarios y los autorizados que presten el servicio de acceso a Internet podrán hacer ofertas según las necesidades de los segmentos de mercado y clientes, diferenciando entre niveles de capacidad, velocidad o calidad”.

A juicio de Rosas, esto genera condiciones diferentes de acceso: “Ofrecer diferentes calidades de acceso a internet, generará que quien puede pagar más podrá tener una conexión más estable. Eso rompe con el principio de neutralidad que se ha defendido durante todos estos años e inquieta que el Gobierno la esté impulsando”.

Además, Luis Fernando García ha advertido también de los indicios de censura en el artículo 145, fracción III, además de que se finca responsabilidad al proveedor sobre lo que haga el usuario con su servicio. El texto señala lo siguiente:

“Los concesionarios y autorizados que presten el servicio de acceso a Internet (…) podrán bloquear el acceso a determinado contenidos, aplicaciones o servicios a petición expresa del usuario, cuando medio orden de autoridad o sean contrarios a alguna normatividad”.

El activista señaló: “Se generan incentivos para la censura privada, porque se coloca a las empresas de telecomunicaciones en una posición en la que pueden bloquear expresiones y usos legítimos de Internet con la intención de no arriesgarse a ser considerados responsables por esas expresiones, generando así, un efecto inhibidor de la libertad de expresión en Internet”.

En el artículo VIII de la iniciativa, el cual es titulado “De la colaboración con la justicia”, se plantea que los proveedores de servicios podrán almacenar hasta por 24 meses los datos y registro de comunicaciones de los usuarios, además de otros detalles como el origen y destino de las comunicaciones, duración de llamadas, ubicación geográfica, nombre del titular de alguna línea, etc.

Según García, las autoridades podrían ordenar que los datos se pudieran conservar por tiempo indefinido y sin la intención de un juez.

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Amante de la tecnología, estudiante de ciencias de la comunicación. Siempre abierto a probar nuevas tecnologías.

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