Over 5,000 people have used the Access speakout platform to send messages to their legislators voicing concern over a controversial computer crimes bill that has been introduced in Peru.
The legislation’s critics warn that the legislation would criminalize user actions that are not illegal in other settings (such as possession of certain technologies with legal uses), force internet companies to provide user identities to authorities, and apply disproportionate punishments for property crimes.
Last month, civil society groups and activists sent a letter to Congress asking that the vote on the bill be postponed and that legislators consider altering some of the provisions in the legislation:
“We reject that, despite having included a warrant requirement in the Final Opinion, electronic communications are excluded from the constitutional protection of the secrecy of communications and, at the same time, telecommunications and Internet companies are forced to provide information to law enforcement and prosecutors
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We urge you to reconsider the current wording of certain offenses such as: possession of technologies, which is not harmful itself, but also can serve legitimate purposes; the unauthorized use of works, admitting that the Peruvian law (Legislative Decree No. 822) also allows certain uses through exceptions and limitations to copyright; and, not to criminalize the modification of data, where such modification does not require consent of the person concerned, as permitted by law, among other reasons.
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We appeal to preserve the proportionality of sentencing, an effort undertaken in various international instruments on human rights. From this point of view, it seems disproportionate that actions that violate property rights do not have graded penalties based on the amount stolen, defrauded, or damaged, or that certain crimes receive an excessive rebuke in relation to others…”
For more information:
- Carolyn Tackett in the Access blog. El Perú se moviliza para cambiar el curso de proyecto de ley sobre delitos informáticos (August 23, 2012).
- Joana Veron for A2K Brasil. Projeto de Cibercrimes Peruano Ameaça Liberdades na Rede.
- Katitza Rodriguez, EFF. Peru’s Online Crime Bill Harms Innovation and Privacy. (July 31, 2012)
- Peter Micek in the Access blog. Peru bill could imprison average internet user. (July 1, 2012).