Netizen Report: The Mexican cybercrime law that wasn’t.

Netizen Report: The Mexican Cybercrime Law That Wasn’t

Netizen Report: The Mexican Cybercrime Law That Wasn’t

Future Tense
The Citizen's Guide to the Future
Nov. 4 2015 5:45 PM

Netizen Report: The Mexican Cybercrime Law That Wasn’t

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A Mexican University student dressed as a revolutionary and using an anonymous mask, takes part in a protest against Mexican presidential candidate for the Institutional Revolutionary Party (PRI), Enrique Pena Nieto, and local multimedia company Televisa, which supports him, on May 23, 2012 in Mexico City.

Photo by YURI CORTEZ/AFP/GettyImages

The Netizen Report offers an international snapshot of challenges, victories, and emerging trends in Internet rights around the world. It originally appears each week on Global Voices Advocacy. Ellery Roberts Biddle, Marianne Diaz Hernandez, James Losey, Taisa Sganzerla, and Sarah Myers West contributed to this report.

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Mexico’s legislature considered—and then quickly shelved—a cybercrime bill that critics labeled “the worst Internet law in history.” The Law for the Prevention and Punishment of Information Crimes was drafted by Sen. Omar Fayad of the notoriously power-hungry PRI party in collaboration with Mexico’s federal police.

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Known as the Fayad law, it contained broad language that conflated everyday computer activities with criminal acts. For example, the law made it illegal to “willfully destroy, disable, damage or perform any act that alters the functioning of a computer system.” While this may have been intended to target individuals actively seeking to harm others’ computer systems, the act of “altering the function of a computer system” could be as simple as running a software update or changing one’s operating system. The law proposed five to 15 years’ jail time for this offense.

Another section of the law would have made violations of a website or app’s terms of service punishable with up to one year in jail and a minimum fine of 800–1,000 days’ salary. The incredibly broad scope of this section could have implicated anyone from an adult inciting violence or sharing pornography on YouTube to a 12-year-old lying about his age in order to use Facebook.

Most concerning were provisions that defined “computer terrorism” as the dissemination of information on the Internet “with the aim of destabilizing the public peace.” For journalists and human rights advocates, this had the looks of a policy that would criminalize the right to free expression online in Mexico. The law also criminalized various forms of public disclosure of data, measures that critics saw as a direct attempt to criminalize platforms like Mexicoleaks.

After thousands of citizens went online and into the streets to express opposition to the law, Sen. Omar Fayad withdrew it from consideration.

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More fatal attacks on writers in Bangladesh
Two publishing houses in Dhaka, Bangladesh, were violently attacked by armed assailants, who murdered one publisher and left two others in serious condition. The brutal attacks are part of a string of assaults on powerful, secular intellectuals in the country. Both publishers had ties with Bangladeshi blogger and writer Avijit Roy, who was hacked to death in public in February 2015. Though the right to free expression is enshrined in Bangladesh’s constitution, the government has done little either to discourage the attacks or to bring the perpetrators to justice.

Iranian student activist arrested
The student activist Amin Anvari has been arrested and held without charge in Iran for unclear reasons. According to family members, he has been pressured to make false confessions. Anvari received a suspended prison sentence in December 2014 for publishing a post on Facebook promoting basic civil liberties.

European Parliament passes watered-down net neutrality bill
The European Parliament passed a new bill preventing Internet service providers from blocking Internet traffic, but with carve-outs allowing them to do so when required by law or necessary to manage congestion. The bill also contains rules that would enable companies to offer different levels of quality for “specialized services.” One day after the bill was passed, Deutsche Telekom indicated it plans to ask startups to pay a share of their revenue for good Internet service, suggesting some telecommunications companies are already working to exploit loopholes.

IETF gives Tor a tip of the hat
The Internet Engineering Task Force formally recognized the use of the .onion top-level domain name for hidden services websites accessed through Tor. The move recognizes .onion as a “special use domain name” used to “provide access to end to end, secure, anonymized services.” The Tor Project celebrated the announcement by saying, “We think that this is a small and important landmark in the movement to build privacy into the structure of the Internet.”

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