Persecution to journalists

National

It was the law of phone espionage strong

PERSECUTION TO JOURNALISTS

By: Carlos Damian                                          August 12, 2014

The birds in the wire; "they are necessary nuisances"

Mexico. -  The full one of the Federal Institute of Access to the Information and Protection of Data (IFAI, with their initials in Spanish) it determined not to interpose before the Supreme Court of Justice of the Nation (SCJN, with their initials in Spanish) the unconstitutionality action against the articles 30, 189 and 190, in their fractions I, II and III of the Federal law of Telecommunications and Broadcasting (Telecom). The Institute considered that those norms are not infringing of the Constitution neither of the protection to the access rights to the information and protection of personal data. After five hours of debate, with four votes in against and three to favor, the autonomous organism discarded the project of agreement of unconstitutionality action in which was contemplated to request the SCJN the revision of the mentioned articles that they allow the geolocalización in real time of teams of mobile telephony and they force to the concessionaires of the service to preserve during two years the communications that it is carried out from any line that uses own or leased numeration.     The commissioned president Ximena Puente de la Mora (XPM), it sustained that the IFAI “doesn't have genuineness to require unconstitutionality action", for what the application could be underrated by the SCJN, position to which they were added the commissioned Francisco Javier Acuña Llamas, Patricia Kurczyn Villalobos (PKV) y Rosendo Eugenio Monterrey Chepov. In contrast the commissioned Joel Salas Suarez (JSJ), Oscar Guerra Ford (OGF), and Areli Cano Guadiana they reiterated that yes there are enough technical elements to promote the action, when considering unconstitutional the dispositions contained in the article 30, which points out that the interviews among the commissioners of the Federal Institute of Telecommunications (IFETEL, for their initials in Spanish) with the concessionaires they will be classified as reserved without fixing by how long it will be made.  They considered that the articles 198 and 190 if they affect the right to the protection of personal data of millions of Mexicans.  In their argument in against, the commissioned PKV sustained that the mentioned articles don't contravene any constitutional disposition. It highlighted that the right human to the privacy is not absolute, for what contexts exist in that “it can be limited". After pointing out the conditions in that the geolocalización will be requested they are justified and delimited by competent authorities, it underlined that the delinquency uses novel mechanisms to intervene calls, to even watch over people and families to know financial data of matters, (La Jornada, Laura Poy).    For the above-mentioned, it considered that the application 189 and 190 is ”the less bad thing that it can happen; painful yes, but we have to tolerate it to safeguard bigger interests, as the public, national and personal security". The commissioned OGF pointed out that in the case of the access to the geolocalización data, the law of telecommunications doesn't point out the treatment of the information, who will have access to her, for how long and how it will be destroyed, for what they don't exist safeguard's mechanism, -clear any hood fool with some malice will be able to consent to this information, and soon we will see it in internet in Wikileaks like Top Secret -. He reiterate that the application of the articles 189 and 190 will affect in Mexico to more than a hundred million users of cellular telephony, for what considered of national interest that the SCJN was pronounced in this respect. Although SJS emphasized that the attributions and abilities, granted by the Congress to the IFAI “they aren’t ornamental, they gave them to us to exercise them, and therefore we consider fundamental that can interpose the unconstitutionality action and that it is the SCJN the one that determines if it proceeds or not", but this “autonomous” organism takes out to the bundle its responsibility and commitment with the Mexican society.    Also the commissioned president (XPM), it emphasized that that pointed out in the articles 189 and 190 is not arbitrary acts, but of authority, founded and motivated. In connection with the reservation of the interviews of the commissioners of the IFETEL, it assured that it will be competition of the IFAI to qualify it, and in their case, to delimit it matter for matter.   IFAI doesn't have " genuineness " to claim unconstitutionality: president  On Wednesday (8/13/14) it conquered the term to present unconstitutionality actions against the law Telecom before the SCJN, but none of the organisms authorized to make it so much the Congressional, CNDH, and IFAI, made it, -being among their obligations to defend the citizen of the totalitarian State -. Perhaps for meanness and timorous none of them carried out the invasion to the privacy and the aggression to our personal data, and the suspicion invades us since they were in fact chosen not by its submission to the State to be the best capable citizens for the position. The IFAI decided not to interpose this action because it considered that the law doesn't force the access right to the information and the protection of personal data, but it is segmenting the right to the privacy and the respect to our personal data that it is a basic right of our individual guarantees. We argue that measured as the geolocalización in real time of cellular telephones they are “necessary nuisances” to combat the delinquency.     Luis Fernando Garcia (LFG), lawyer of Human Rights Watch and member of the Net in Defense of the Digital Rights, it considers that in the relative thing to Internet the blockade of contents was eliminated that it contained the Executive's initiative, but it stayed the possibility that the sign of areas certain so pretext of the national security is blocked. Also, it stays the “obligatorily of collaboration” of the supplying companies of Internet (Yahoo, Google, Prodigy type) with the authority, what the door to that these have to provide the personal data of the government's users opens up. It is something lamentable that illegitimate to the new IFAI and their supposed autonomy of the federal Executive, since after this it will cost him a lot of work become prestigious. Lawyer LFG, says that for the Web, the most serious effects in the non interference of the resource have to do with the surveillance. "The citizen is not aware of the moment in that his privacy is invaded, because for its nature these techniques are secret. People can realize when they fail theirs house, but not of the surveillance of cellular and the geolocalization."  "For this same reason it is difficult for each citizen to refute the law and for that reason it was important that the IFAI interposed the unconstitutionality action". The lawyer points out that the law Telecom contains dangerous ambiguities to allow the access to personal data, as the concept “instances of security. It is not a concept defined in the law and for that reason now the Secretary of Treasury you this considering itself instance of security to have access to these data without a justification settles down". For the geolocalización circumstances, procedures or legal counterbalances are neither specified. "Of anything it serves that the law says that it should have founded reasons and motivated, if there is not form of detecting the abuses. It is to open the field for the authoritarian", LFG says.  The net will interpose a habeas corpus claiming the unconstitutionality of the law because it affects the rights to the freedom of speech and the privacy of the citizens. It is also necessary to mention that they even hid some of the legislators that had offered to interpose another resource before the Supreme Court, of the PRD. The legislators don't survive of the phone espionage when they collaborate to each other with three thousand dollars and they produce the local and small bad to have a good time and they are espionage object in the means. They aren’t bear in mind of the money that they invested in their amusement, and coming from the PAN they prescribe us conservative and prejudicial laws for the citizen. However to them they don't imprison them for not well had money, does all worlds also wonder from where that quantity of money came out to spend them in a cabaret of bad death? It is enough that these right-wing legislators very religious and defenders of the good customs are only said goodbye to of their coordination, it is only question. (La Jornada, politica, p.p. 6- 7, August 15, 2014).