A Policy Shaper’s Perspective on the Legislative Challenges of an Open Internet in Colombia

May 21, 2024

A Policy Shaper’s Perspective on the Legislative Challenges of an Open Internet in Colombia
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Colombian lawyer German López Ardila participated in the programs offered by LACNIC to bring together Internet Governance and the technical community, first in the Líderes program, then in the Policy Shapers program.

His study titled “All for One and One for All: Legislative Challenges for an Open Internet” was conducted within the framework of the Líderes program and sought to analyze recent bills introduced in Colombia to identify the various risks that they might pose to an open Internet. In this context, many of these bills contained unjustifiably harsh censorship obligations or established obligations that were neither technically nor legally feasible.

Based on this analysis, López Ardila developed a document for legislators aiming to explain and raise awareness about key aspects of how the Internet and its governance work, as well as to technically inform the legislative debate on the Internet in the country. The Policy Shapers program then provided him with the opportunity to delve deeper and increase the visibility of the results of his research.

What was your experience with the Líderes program?

I have been involved in the Colombian Internet ecosystem for several years and perhaps one of the most interesting figures in this field is Julián Casasbuenas, my mentor during the program. I met him within the framework of the Colombian Roundtable on Internet Governance, and he helped me discover the importance of IG in the region. At that time (2022), I was analyzing how recent bills with a certain impact on the Internet worked at the legislative level, particularly those related to managing content blocking. During this period, we had the opportunity to build a much closer relationship with Julián.

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How has your work contributed to advancing the discussion about the Internet and legislative challenges in Colombia?

My analysis revealed that there were different reasons behind content blocking, including the defense of reputation, the protection of children and adolescents, and copyright protection. The task was to convert this analysis into a much shorter document using the Legal Design methodology. The goal was for parliamentarians to understand what we mean when we mention “Internet Governance,” the multiple stakeholders involved, and the issues related to content management, always seeking to enhance their capabilities and make sure we speak the same language. It is worth noting that the bills mapped during that period did not become law, as many had various technical problems.

The exercise was interesting, as it allowed me to organize events with universities such as the Externado University of Colombia and invite various representatives of the local Internet ecosystem for the purpose of sharing results and raising awareness about the significance of an open Internet in the country. We particularly stressed how the Internet has become an important tool for strengthening democracy, as it allows the exchange of ideas and promotes dialogue, beyond merely technical-legal discussions.

How has the Policy Shapers program helped you from a technical perspective and from the point of view of Internet Governance?

As someone without a technical background, I have always focused more on public policy and regulation discussions. However, the opportunity to understand what is happening from a technical perspective, to learn what is behind Internet protocols and infrastructure, adds substantial value to the discussions, which become more robust and precise. For instance, my work within the framework of the Líderes program made me realize that many of the proposed initiatives were not technically feasible, and this is the result of certain decision makers’ lack of knowledge. When a decision to block content is made lightly, there is something much more complex involved that cuts across multiple Internet layers and actors. Having technical knowledge is of great help, particularly when developing public policies. LACNIC has an extremely relevant task, which is to translate highly technical aspects into a language that decision-makers can understand.

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