June 19, 2020 0 Comments

On September 12th, the infamous cybercrime law project known as “Ley Beingolea” appeared at the top of the National Congress of Peru’s list. aljathro. 7 subscribers. Subscribe · Dictamen de la ley de delitos informáticos – aka Ley Beingolea. Share. Info. Shopping. Tap to unmute. If playback doesn’t. En el balance, aunque el Proyecto del Ejecutivo resulta muy superior a la Ley Beingolea en tratamiento legislativo, también contiene.

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Congreso aprueba la Ley de Delitos Informáticos en secreto y en tiempo récord | Hiperderecho

What followed next was even more incredible: Five hours later, a completely new text entered into discussion and was passed by the Congresswithout any public review. Beiingolea new text, prepared by Congress member Juan Carlos Eguren, looks like a mix between different cybercrime law projects — not using Ley Beingolea, but instead drawing on a new law project the Ministry of Justice prepared one month ago.

Only three days before, on September 9th, Miguel Morachimo, the leader of the digital rights organization Hiperderechowrote about that draft saying:. There is no mention about why the current regulation of cyber crimes would be inappropriate, nor is it mentioned how many cases and of what type have been known by the prosecution office or the courts since we have such provisions in our criminal code.


In a brief analysis, the new cybercrime law contains nine different criminal offenses: Besides these, the law also modifies some current criminal offenses like illegal phone tapping, child pornography, and discrimination. Most of these criminal offenses affect fundamental rights such as access to knowledge, freedom of expression, and other criminal law principles such as the need to determine precise conducts to punish typicity and the proportionality of sentences. Many of the laws provisions — such as illegal personal data traffic art.

The new formulation of the criminal offense of discrimination — which, according to experts, has been rarely used in its original form — punishes any person who discriminates against one or more person or group of people, or promotes discriminatory acts because of race, religion, sex, genetics, family status, age, disability, language, ethnic and cultural identity, garment, political opinion or opinion of any kind, or economic condition, with the aim of annulling or undermining the recognition, enjoyment, or exercise of a right.

In practice, this will lead to tougher penalties for those lye commit the same crime merely for their use of technology in its commission. This law is bound to have chilling effects, and its provisions are ripe for abuse by the government.


Now that the law has passed, the only hope of stopping its coming into effect is for Peruvian President Ollanta Humala to veto. A veto would enable a proper public debate of the law including participation by all those who would be affected.

You can also encourage him beingoleea veto the bill and send it back to Congress for a more open and democratic dialogue with civil society by posting on his Facebook page.

Your info is secure with us. Only three days before, on September 9th, Miguel Morachimo, the leader of the digital rights organization Hiperderechole about that draft saying: Help keep the internet open and secure Subscribe to our action alerts and weekly newsletter.

Poder Ejecutivo propone un nuevo Proyecto de Ley sobre delitos informáticos –

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