I am not in the habit of betting, but the political moment forces us to look for new methods.

In this text I will formulate a bet directed to the legislators, since in the last weeks the
Congress demonstrated there void aptitude to integrate external offers to the political
dome and to debate in a transparent way an opened and democratic regime for the
telecommunications.
The popular representatives " were seeking to approve in this week the regulation law of
the constitutional reform to the telecommunications, released in June, 2013, though for the
pressure they have announced that they will do it in June of this year.
I invite to those women and those who gain millions of money through the year, of the
public exchequer occupying a spot in the congress, to make that worth. To be brave and
accept the challenge that Im leading, the same one that many persons repeatedly have
made from a year ago. That the rules for the telecommunications promote the freedom
instead of been restrictive.
When we knew Enrique Pea Nieto's offer on telecommunications, the reaction was
important. We write articles, organize networks, we went to speak with senators, drew, fill
up Twitter with a rain of tuits with the hashtag # EPNvsInternet that manage to be in a
worldwide trending topic, went out to the streets and projected ideas in their walls, held
hands, even we wrote what should be said in the articles from a law according to the
human rights, even we talked with important persons like de founder of the free movement
software, Richard Stallman, together with other personalities and organizations of the
whole world, they directed a letter the Congress of Mexico.

I understand all the persons who get despair because we only tweeted" or because they
believe that the protest on the streets dont get us to anything at all". But this one is a
good example of how a set of decentralized actions on and off line can stop at least the
legislative Coup d'tat and vaccinate us opposite to the famous fast track.

The response of the people took by surprise Pea Nietos government. Its funny how they
arranged two sub secretaries to try to explain to Sopitas and to Pizu the reform, with a
speech of which Cantinflas would feel proud.
I dont know you, but the sensation of relieve end up very soon when you remember that
the only thing that we gain were at least a few weeks. I believe then, that we have to
continue with the same intensity and to take advantage of the pause in the one that has
entered the reform of telecommunications. Not just to say what we dont want to be done,
if not, to speak of the internet that we are looking for.

The bet consist of challenging a senator, a deputy or a parliamentary group in order to
include in to the initiative of the law in matter some of the following points that I have taken
of the technical proposals that the MX contingent elaborated according to the human
rights.
Its enough that they take one of the following six offers and applied it to be integrated to
the federal law of telecommunications, which finally is approved. If they do it, not only I will
vote for you, but I will ask to other people to think it.

1.-A paragraph about the rights and the guarantees.

The Second title. Of the rights and guarantees.
Chapter I. Of the guarantees for freedom of expression.
Chapter II. Of the guarantees for the right of access.
Chapter III. Of the neutrality.
Chapter IV. Of the guarantees against the arbitrary interferences.
Chapter V. Of the rights of the users.
Chapter VI. Of the rights of the hearings.


It is supposed to be that a secondary law must develop the right that it seeks to regulate.
That is to say, if the federal law of telecommunications is in the properly established way of
the constitutional articles 6 and 7 it should say what these rights consist and how they are
exercised inside the context of the telecommunications. Therefore, the structure of the law
must contain a specific paragraph just at the beginning and not only up to the ninth or
tenth line and not only as users or hearings.
Brazil has put the example with their "civil frame law" for Internet, which structure
contradicts with the offer of Pea Nieto or the Lozano's sentence. Rightly in the second
chapter it establishes the rights and concrete guarantees. It is a legislation that flatters the
people instead to the companies that provide the service of Internet, and authorities to
impose obligations. Such it should be the example of the law in Mexico.


2. Incorporate the key definitions for freedom.

Free access: That one that has every person being based in the principles of not
responsibility from intermediaries, in the prohibition of the filtration and the blockade of the
networks of telecommunications and the neutrality of the limitation of penal and civil
responsibility from third parties.

Private communications. Any record that reveals the identity and content of some or all
the parts it'll be presume to be private.

Specially protected Information. The information of tracking, location including IP
addresses, the moment and the duration, the information that identify the used devices
and all the information that from these communications provides from themselves or in
association with other one, current or future, will be subject to special protection.

Neutrality of the networks. It is the guarantee of free flow of contents, application or
services through the public networks of telecommunications, received or generated by the
users or any integral devices from their own network, without service, protocol or
application it could be monitorized, manipulated, distorted, disabled, deflected, prioritized
or delayed depending from other devices, type of content, author, of the origin and / or
destination of the material used, not of any other consideration against the will of the
persons.
The above mentioned flow of contents will be considered to be a private communication
and it will not be able to be controlled or analyzed, only by a judicial order.
Vigilance of the telecommunications. It is the activity to monitor, intercepting, gathering,
analyzing, using, preserving, guarding, interfering or obtaining information that includes or
reflects the past, present or future communications of a person, who stems or arises of
them.
These definitions simply are absent of the current proposals. The saying that if it is not
written, does not exist and such the intention seems to be that - to not define them - the
government wanted that we forgot the topic.
The definition of private communication is fundamental since it will be able to access under
control and judicial supervision and not only because an authority asks for it. Special
mention deserves the topic of protected information is that one that is not being an
intervention strictly becomes relevant if it's guarded by the suppliers and it would be
analyzed by the government or for individuals.
By your location, for example, they can know where you slept and with who, what is what
you are doing during the day, who you meet or what kind of places you visit, what you
bought and in what you're interested. To protect on defined it and on having established
controls on whom and under what conditions they can use it is fundamental.


3. Incorporation of guarantees against the arbitrary interferences.
Nowadays in the known projects an alone specific guarantee does not exist against the
arbitrary interferences, here you have some of them.

Article [] In any case, including those relative to the public order and to the national
security, will be able to arrange the blockade of the networks of telecommunications, or to
part of these, not to entire populations or to certain segments of the users.

Article [] Remains prohibited the previous censorship of contents in the networks of
telecommunications or in the broadcasting. In any case there will be able to be kidnapped
the goods, devices or programs used for the diffusion of information, opinions and ideas,
as instrument of the crime.

Article [] Exclusively the judicial federal authority, by request of the federal authority that
authorizes the law of an express and clear way or of the holder of the instances of proxy of
justice of the federative corresponding entity, will be able to authorize the intervention of
any private communication and to gather protected information, if this is necessary for the
investigation of a possibly constitutive act of a crime related to the organized delinquency,
illegal privation of the freedom, forced disappearance and extortion in measure that is
proportional to the chased end purpose.

Article [] The public or national safety will not be able to be argued as foundation for the
intervention of communications protected in case of treating itself about the exercise of the
journalistic activity, about the defense of the human rights or about the communications
with the defenders



4. To add measures of transparency and account surrender.
Article [] The concessionaires will publish and spread in their web pages and for any
way inside the first month of every year, a report about the exercise of previous immediate
year that produces accounts on the requests of information about telecommunications
protected on the part of the authorities with the number, the authorities and the duration of
the requests.
Article [] The institute will ask an annual report from the concessionaires and from the
operators of the public networks of telecommunications with information disintegrated
about the requests of information or of intervention authorized, that will contains the date
and term of the intervention, the requested information and authorization. The institute will
publish this report and will realize an analysis of the information annually.
Article [] The instances of proxy and security, as well as the judicial competent
authorities will publish and spread on their web pages and by any way, inside the first
month of every year, a report on the exercise of previous immediate year, which will give
the requests of information about protected telecommunications, the requests of
intervention and the number of which they were approved or useless, as well the duration.
In this document it will report on the administrative or penal procedures in opposition to
authorities for the abuse or breach of their functions related to this responsibility
Article [] Except to proof in opposite, the authorities in exercise of their functions will not
be able to invoke the privacy of their protected telecommunications.


Whats next?


We still have one month until they will take again the topic, it means until June, but the bad
news is that they can take the World cup to take everyone absent-minded. Its not too late;
here there is a list of the addresses in twitter of the Senators who will pass the initiative.
We can send them this text to see if they accept the bet or troll them until they go out of
their catatonic condition.
Also you can call them. With The Quadrature du Net, we extract this application to call to
their offices and to apply the personal marking. Everything that you could translate, do it,
from tuits up to posts. To watch them closely beats them.
Now I am in Estonia, in the meeting of the Freedom Online Coalition, closely together of
Russia - the favorite villain of Internet is Vladimir Putin - though whenever they criticize
him, i think that the same arguments apply to Pea Nieto equally.