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Internet Governance and Regulations in Latin America GOVERNANCE AND AND GOVERNANCE LATIN AMERICA LATIN REGULATIONS IN REGULATIONS INTERNET INTERNET INTERNET GOVERNANCE AND REGULATIONS IN LATIN AMERICA Analysis of infrastructure, privacy, cybersecurity and technological developments in honor of the tenth anniversary of the South School on Internet Governance Editors Luca Belli and Olga Cavalli Prefaces by Vinton G. Cerf Luca Belli and Olga Cavalli and Raúl Echeberría Editors Postface by Edison Lanza Internet Governance and Regulations in Latin America Analysis of infrastructure, privacy, cybersecurity and technological developments in honor of the tenth anniversary of the South School on Internet Governance The opinions expressed in the chapters of this volume are the sole responsibility of the authors and do not compromise the position of the institutions that support this publication. The original versions of the chapters of this book were drafted in Spanish and Portuguese. Please, refer to the original versions to solve any doubts that might arise in case of excessively loose translations. Edition produced by FGV Direito Rio Praia de Botafogo, 190 | 13º andar Rio de Janeiro | RJ | Brasil | CEP: 22250-900 55 (21) 3799-5445 www.fgv.br/direitorio Internet Governance and Regulations in Latin America Analysis of infrastructure, privacy, cybersecurity and technological developments in honor of the tenth anniversary of the South School on Internet Governance Luca Belli and Olga Cavalli Editors Prefaces by Vinton G. Cerf and Raúl Echeberría Postface by Edison Lanza EDITION FGV Direito Rio Work Licensed in Creative Commons Attribution – NonCommercial – NoDerivs Printed in Brazil Completion of the First Edition in September 2019 This material, its results and conclusions are the responsibility of the authors and do not represent, in any way, the institutional position of the Getulio Vargas Foundation / FGV Direito Rio. The concepts issued in this book are the sole responsibility of the authors. Coordination: Rodrigo Vianna, Sérgio França e Thaís Mesquita Cover: Andreza Moreira – Tangente Design Layout: Andreza Moreira – Tangente Design Review: Olga Cavalli, Luca Belli and Walter Britto Translation: Central de Traduções & Global Languages Cataloguing data prepared by the Mario Henrique Simonsen/FGV Library Internet governance and regulations in Latin America : analysis of infrastructure, privacy, cybersecurity and technological developments in honor of the tenth anniversary of the South School on Internet Governance / Luca Belli and Olga Cavalli, editors; prefaces by Vinton G. Cerf and Raúl Echeberría; postface by Edison Lanza. - Rio de Janeiro : FGV Direito Rio, 2019. 526 p. Includes bibliography. ISBN: 978-85-9597-036-6 1. Internet governance. 2. Data protection. 3. Internet – Cybersecurity. 4. Information Technology. I. Belli, Luca. II. Cavalli, Olga. III. Getulio Vargas Foundation Rio de Janeiro Law School. CDD – 384.3 CONTENTS PREFACES: Internet Governance Issues and Challenges in the Americas ......................................................................................................... 7 Vinton G. Cerf Building Innovative Governance Models .............................................. 11 Raúl Echeberría ABOUT THE AUTHORS ................................................................................................................... 14 INTRODUCTORY SECTION .......................................................................................................... 29 1 Ten Years of the South School on Internet Governance ..................... 31 Olga Cavalli, Adrián Carballo and Oscar Messano 2 Internet Governance and Regulation: A Critical Presentation ........................................................................................... 39 Luca Belli PART I: Infrastructure between evolutions and gaps ............................................. 65 3 Invisible Communications: Social Inclusion and Development through Telecommunications / ICTs .............................................................. 67 Bruno Ramos 4 The Fundamental Role of the Telecommunications Infrastructure .... 83 Maryleana Mendez Jimenez 5 The Challenges of Internet Access .................................................................. 95 Oscar Robles Garay 6 The Evolution of Telecommunications: Technology, Public Policies and Regulation in Argentina .............................................. 105 Agustin Garzón 7 National and International Connectivity: the Case of IXP Buenos Aires Success ............................................................................................. 129 Oscar Messano 8 Technological Evolution of Internet Pathways......................................... 137 Lacier Dias 9 Broadband Infrastructure and Digital Inclusion in Brazil .................... 145 Peter Knight 10 Network Neutrality, Zero-Rating and the Marco Civil da Internet .......................................................................................... 163 Luca Belli PART II: A sustainable expansion of connectivity ...................................................... 191 11 Community Networks and the Principle of Network Self-determination .................................................................................................... 193 Luca Belli 12 Building Community Infrastructure: Disruptive Technologies and Models ..................................................................................... 221 Christian O’Flaherty 13 Re-think Public Policies to Close the Digital Divide in Latin America ......................................................................................................... 231 Pablo Bello and Andrés Sastre 14 A New Model for Increasing Access Infrastructure and Use of the Internet for an Inclusive Digital Society ............................... 251 Christoph Steck 15 Expansion of Infrastructure and Internet access: The Experience of Sustainable Villages for Development ................. 265 Felipe Batista and Nadine Chorão 16 Weaving Technological Autonomy in Indigenous Peoples: Community Cellular telephony in Oaxaca, Mexico ............. 275 Carlos F. Baca-Feldman, Erick Huerta Velázquez, María Álvarez Malvido, Daniela Parra Hinojosa and Karla Velasco Ramos PART III: The Challenges of Privacy and Cyber Security ......................................... 289 17 A Profile of the new Brazilian General Data Protection Law ............ 291 Danilo Doneda and Laura Schertel Mendes 18 Privacy, Personal Data and Tensions with Freedom of Expression On-line.............................................................................................. 307 Eduardo Molina Quiroga 19 Big Data is Us: New Technologies and Personal Data Management ..................................................................................................... 327 Eduardo Magrani and Renan Medeiros de Oliveira 20 Mi casa es su casa: The Impact of Digital Assistants on Privacy in Latin America ................................................................................ 351 Luã Fergus Oliveira da Cruz 21 The Right to Be Forgotten in Brazilian Justice in the Era of the “Fake News”.......................................................................................... 365 Claudio Soares Lopes 22 Challenges in Obtaining Evidence in Cybercrimes in Brazil: WhatsApp Case ......................................................................................................... 375 Vanessa Fusco N Simões and Hugo Fusco N Simões 23 Who is Responsible for Internet Security? ................................................. 389 Carlos S. Álvarez 24 The Legal Framework for Cybercrime .......................................................... 411 Horacio Azzolin PART IV: Technological, Regulatory and Social Transformations ................... 421 25 Law of the Land or Law of the Platform? Beware of the Privatisation of Regulation and Police ............................................ 423 Luca Belli, Pedro Augusto Francisco and Nicolo Zingales 26 Building the Future of the Internet with our Youth Voices ............... 445 Sebastian Bellagamba and Raquel Gatto 27 Disruptive Technologies and their Impacts for Latin America ........... 453 Vanda Scartezini 28 Regulatory Perspective of Artificial Intelligence .................................... 463 Jorge J. Vega-Iracelay 29 Leveling the Playing Field: Legal Assistance to .CL domain Name Holders ............................................................................. 477 Margarita Valdés Cortés and Humberto Carrasco Blanc 30 E-commerce in Mexico ........................................................................................... 485 Julio César Vega Gomez 31 A Connected Synthesized Existence: how the Internet Could Enable 3D Printing to Improve the Developing World .......... 495 Mark W. Datysgeld POSTFACE: The Principles that Guarantee a Free, Open and Inclusive Internet for All People and Social Groups ....................... 509 Edison Lanza Preface: Internet Governance Issues and Challenges in the Americas 7 PREFACE Internet Governance Issues and Challenges in the Americas Vinton G. Cerf I am honored to write this foreword to an important and timely book on the challenges posed by today’s Internet. The primary themes of the book cover a substantial amount of territory, all of which is relevant as we consider how the Internet is to be governed. Historically, the system has evolved in a collaborative and global fashion and it is reasonable to assume that this narrative will continue to characterize the system. The Internet
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