Keeping the Internet Free in the Americas

The infrastructure aspects of internet access are frequently overlooked when discussing human rights. However, policies and practices regarding the way internet networks and related services are handled and administered can affect heavily the ability of users to communicate and express themselves online in a safe, private and fair environment. While internet access rates have grown rapidly in Latin America, access gaps have subsisted across every country in the region, along with other factors that create differences in people’s opportunities to get online, such as economic imbalances, race, gender and geographical location. Meanwhile, monopolistic practices, government inaction and the unfair attribution of the radio-electrical spectrum contribute to the perpetuation of these gaps. Moreover, in countries where governments exert control over DNS and IXP administration, there are additional risks for content filtering and extensive communication surveillance. At the same time, the fragility of the underlying infrastructure creates risks in user’s ability to access online networks in a consistent and reliable manner. Electricity outages and network shutdowns are not infrequent and leave citizens without any alternative for remaining connected. Although data collection and retention standards vary widely across the region, in general ISPs are considered responsible for storing and delivering data related to users’ activity and communications to law enforcement officers. Low standards for the protection of these data, lack of transparency in the way they are stored, handled and shared, lack of accountability mechanisms for the users to exert control over their personal information, and the ability for ISPs to act as subsidiary law enforcement in order to avoid penalties against themselves, are only a few of the risks these practices entail for the citizens’ privacy and freedom of expression.

2017

Since 2010, there has been a trend towards establishing internet control and securitization policies (Freedom House, 2016). The literature on the subject indicates that the mechanisms of internet control vary according to the type of political regimes. The objective of this work is to verify if the policies of control of Internet in Latin America vary according to the type of prevailing political regime. For the study were selected five Latin American countries that are categorized as examples of different political regimes: Chile, Mexico, Ecuador, Venezuela and Cuba. For each case, the indicators related to freedom of expression on the internet are reported in accordance with the data provided by «Varieties of Democracy». «Freedom on the Net» categorizations are used as a complement. The results indicate that there is a correlation between political regime (measured by polyarchy index) and internet freedom. Indeed the more autocratic the regime is, the more first-generation internet controls are observed, with censorship of contents and violations of users’ rights. While in hybrid regimes second-generation controls are more commonly observed, which involve obstacles to access, without reaching content blocking and network outages.

Journal of digital media & policy, 2023

This article discusses policy and regulation of internet platforms in Latin America. It first addresses how internet platformization brings back to the political agenda the centrality of communication public policy and communication governance at a global scale. The article presents some global policy concerns on internet governance, while also analysing the regional specificities. It offers an overview of the tradition of communication policies in Latin America, to show continuities and shifts in the debates on internet governance highlighting key aspects, including the peripheral positioning and recognition of power asymmetries, and the role of states and the participation of society in the discussions. The presentation also portrays some of the current regulatory debates in the region and identifies at least three different approaches (and their pitfalls): taxation perspective; platform

2018

A Spanish version was published in an open-access peer-reviewed journal. Puyosa, I. P., & Chaguaceda, A. (2017). Cinco regímenes políticos en Latinoamérica, libertad de internet y mecanismos de control. RETOS, 7(14), 11-37. Abstract Since 2010, internet control and securitization policies have been increasingly enforced (Freedom House, 2016). The literature on the subject indicates that the mechanisms of internet control vary according to the type of political regimes. This study aims to verify if control of the internet in Latin America varies according to the prevailing political regime type. Five Latin American countries were selected as representing different political regimes: Chile, Mexico, Ecuador, Venezuela, and Cuba. Indicators of freedom of expression from Varieties of Democracy are reported for each case. Freedom on the Net classification is used as an additional categorical variable. Results indicate that there is a correlation between political regime (measured by polyarchy index) and internet freedom. Indeed, the more autocratic the regime is, the more first-generation internet controls are observed, including content censorship and violations of users' rights. While in hybrid regimes, second-generation controls are more commonly found, which involve obstacles to access, without customary content blocking and network shutdowns.

SSRN Electronic Journal, 2000

Until recently, internet governance was a relatively obscure topic in most technology policy agendas in Latin America. But in mid-2013, revelations about widespread surveillance of internet communications dramatically transformed conversations about the issue. The work addresses the institutional consolidation of emerging experiences in national contexts to address internet governance and policy as well as their effectiveness in shaping regional and global processes. This paper takes a comparative approach, by looking at several national cases; the experience of Argentine Commission for Internet Policy (CAPI) created in 2014; Costa Rica with the Internet Consulting Committee (in 2012) and Mexico with the Initiative Group (2012). These cases were examined against the backdrop of the well documented Brazilian experience and its Internet Steering Committee (CGI)(2005). The research analysed the national internet governance mechanisms in the early stages of the institutionalization process, looking at the main developments that have shaped actors' strategies as well as the evolution of internet regulations in these countries. The three cases differ in both the degree of formality, working mechanisms and stakeholder representation in these new bodies. In each national context, it is clear that governments are now working to formalize policymaking arrangements, as the original informal coordination mechanisms that gave rise to the internet in these countries are no longer sufficient. The bridges between the international and the domestic field will tend to rely on more formally institutionalized spaces as states become more involved with the issue.

2012

Introduction I. The Meaning of Filtering II. Brief Overview of Freedom of Expression in Latin America: References to Studies that Map Data of the Current Situation and Future Trends III. Analysis of Legal Provisions on Filtering Practices 1) Internet Services Access Policies and their Impact on Filtering Practices a) Right to be Connected b) Network Neutrality 2) Content Regulation and its Impact on Filtering Practices a) Removal of Content that Undermines Equality and Reputation of Others b) Removal of Content that Violates Copyright c) Removal of Sexual Content IV. Filtering and the Role of the Two Service Providers V. Conclusions

This paper is an early attempt to provide an analysis of the current net neutrality legislations enacted in Latin America and at the same time, to analyze the most important differences among those laws. The legislations under analysis belong to Chile, Colombia, Peru and Brazil; in each case, particular circumstances that surround the legislation are included. Concretely, this paper analyzes some unclear provisions in the language of the laws, the established exceptions to the net neutrality principle, regulators´ capabilities and traffic shaping provisions contained in the administrative regulation of the law. The analysis covers an introduction to the debate of net neutrality, controversies that surround the subject and an overview of the legislations previously mentioned.

This research analyzes open network measurement data and reports collected during a certain period of time from three countries (Colombia, Chile, Venezuela and Brazil) in Latin America by using methodologies to detect possible signs of network interference that may result to information control, Internet censorship or surveillance. The collected data will be cross compared and examined for potential similarities or common characteristics that limit the freedom of expression in the region.

CIT 2020: Artificial Intelligence, Computer and Software Engineering Advances , 2021

There is an ongoing debate on the principles of Network Neutrality in many countries where have been implemented and refers to the concerns that Internet service providers could discriminate (block or prioritizes) against other providers (content, services, or applications), and how to design the regulation to avoid it. In the last years, policymakers in South America have grappled with the design process to implement laws that could protect the Internet as an open environment , ensure access and quality for users. The objective of this work is to present an overview of the Network Neutrality policies progress in five South American countries using a qualitative empirical approach and highlight the incorporated issues that make them ambiguous for effective enforcement.