The appropriation that Internet users have made has involved the regulation of certain services and the emergence of rights.
The European Union said no to the Google Rate this week. It was a tax to tax the activity of technology companies like Amazon and Google, driven by France and Spain. Which were saddened by the decision? The technological giants, happy, saved millions of euros.
Like this tax that sank and that would not have occurred to anyone thirty years ago. Simply because technological platforms lacked the power they have today. The digital era has brought new laws and rights that seek to regulate that relationship between the Internet, people, and Business.
As the network grew, says Gabriel Levy, a professor at the Externado University, a consultant and advisor in telecommunications, people began to develop certain habits and behaviors. Inevitably, this use brought problems such as identity theft, violation of copyright and even different crimes that the teacher adds, led governments to put a limit on the principle of neutrality with which the Internet was born.
This is explained by the consultant in this way: “An implicit agreement between the different agents that make up the Internet and that protect the regulatory organisms of the world”.
It is an ideological principle on which the Internet was founded and speaks of free use of the network in which there is recognition of equality for all its components or users. It was tacitly conceived from the beginning and the agents involved practiced that postulate that later became normative in 2015 in the United States. When Barack Obama during his presidency gave a character of public good to the Internet and guaranteed free access on equal terms conditions at the service of the network.
The network has advanced and changed in this time: Internet is the first experience of a non-physical cross-border space, says Levy. Therefore, it has been difficult to “govern” or regulate it and the discussions have had to contemplate different conditions. Such as not going over other regulations, in addition to determining limits. In general, it has been a challenge for those who have embarked on this feat.
The European Union was assigned that task, says the teacher and has been doing an interesting exercise. However, for now, each law or right is still an experimental exercise. He says, achieved without rules or manuals, let alone absolute truths that make any of these “daughters” of the Internet age a global issue.
For the lawyer specializing in telecommunications law and research professor at the Cooperativa the Colombia University, Piedad Barreto Granada, each of these debates has social, political and analytical backgrounds and must be analyzed in depth, in a very critical way. “You should try to find those explanations that allow us to understand, for example, that copyright is in a process of transformation due to the information society,” she says, referring to one of the thorniest topics that are being currently discussed in Europe.
“This whole issue is very complex,” says Levy, who believes that when the Internet was born governed by this principle of neutrality. It did not count on the great transformations that were approaching in various legal aspects.
For example, the limits of freedom of expression and a need to regulate the behavior of users. Who insult through social networks, led representatives of Facebook and Google in Colombia. And spokespersons of the industry of telecommunications. To participate in a hearing to discuss these issues in the Full Chamber of the Court on February 28.
It was the beginning of a conversation that goes on for a long time with ideas such as that of Senator Jose David Name. Who proposes a draft Law by means of creating norms of good use and functioning of social networks.
For Juan Pablo Salazar, a lawyer specialized in cybernetic law, regulations must appear on the Internet or laws to the extent that regulatory needs arise. In the debate that took place in Colombia. For example, comments were heard that proposed to regulate the behavior of users in social networks in Colombia. Since some of these have been qualified by judges as crimes of slander or libel.
This happened in the case involving the accordionist Rafael Ricardo Barrios and the first notary of Santa Marta, Rafael Manjarrez. The first, according to a judge, slandered Manjarrez in a YouTube video.
This was explained in the plenary debate to mention the need for specific regulations in the technological platforms in which it is presented.
However, the lawyer clarifies that each network is self-regulating and it is the power of a judge to determine. Which opinions fall into the category of crimes. Which are already recorded as such in the law?
The discussions that have taken place in the world in recent years have been almost battles. Which companies and governments are involved with results that favor or harm, ultimately, the users of the network.
There are cases. In 2014, Spain passed the intellectual property law that came into effect on January 1, 2015. With the norm already established. They told Google that they should pay the media to share their news through the Google News service. The technological giant preferred to withdraw the news indexer of that country and for now has no intention of returning. While this law remains in force we cannot consider anything different. ”
Salazar points out that the majority of regulations that have arisen, except for net neutrality in the United States. Seek to benefit users while they have been tougher with the technological giants. Each country has the power to regulate matters that it considers and involves the Internet. As Spain and the United States have done.
On the laws that the network needs. It is difficult to speculate, says Levy, because of the neutral characteristic that it must preserve. But more regulations will come. And in that Salazar agrees. Although the latter indicates that he does not know whether for good or bad.
“There is an increase in regulations and that can be problematic to ensure the functioning of the Internet. Which has no barriers or borders,” says the lawyer specializing in cyber law.
On the issue of the application in Colombia of laws that protect the user over large companies such as Facebook or Google. The social journalist and lawyer Ingrid Carolina Forero Cardozo comments in her reflection. Is there a right to be forgotten on the Internet in Colombia? With what rights would it conflict? that “it is not simply a matter of mimicking European measures. But of observing in what way more guarantees can be provided. Even though they may imply an increase in administrative burdens for those responsible and in charge of data.”