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BoliviaDigital violence: Communications surveillance and the protectionof privacy on the internet in BoliviaFundación REDESJ. Eduardo Rojaswww.fundacionredes.orgA national approach to digital violenceDigital violence 1 is defined here as the exercise ofpower that violates the human rights of a person ora group of people using new communications technologies.This new concept is harnessed to protecttwo types of “legal rights”: on the one hand patrimonialproperty rights, namely protection againstcyber crime involving technological equipment,databases and the internet’s critical infrastructure;and on the other hand personal property rights,which are focused on protecting people’s rightswhen it comes to technology and databases.Until now, Bolivia has no record of formal discussionsdealing with the mass surveillance ofcommunications and privacy protection. As in manycountries, there was media coverage of the Wiki-Leaks case and Snowden’s whistleblowing againstthe National Security Agency’s (NSA) espionage.In June 2012, 2 a number of female members of parliamentaccused the executive of phone-tappingmembers of the opposition. However, there is no recordthat shows that any legal complaint has beenfiled, or is in process.The most important initiative on communicationssurveillance and privacy protection in Bolivia,based on the multi-stakeholder approach, formallygot under way during the first half of 2014. Threeclearly identified groups of governmental actorspromoted the enactment of laws in the LegislativeAssembly. These laws touch upon privacy protectionand communications surveillance on the internet inan indirect fashion.a) Initiatives led by the Ombudsman of Bolivia,in collaboration with social organisations, promotedthe following laws: a comprehensive law1 Since 2010, the REDES Foundation has published researchon “Towards a transdisciplinary approach to informationsociety violence” in order to categorise online violence usingnew technologies in Bolivia, including mass communicationssurveillance and the violation of privacy on the internet.2 www.la-razon.com/index.php?_url=/suplementos/la_gaceta_juridica/Derecho-intimidad-privacidad-Constitucion_0_1627037350.htmlguaranteeing women a life free of violence (ActNo. 348; Article 7, paragraphs 4 and 5 refer tomedia violence); Act 243 against harassmentand political violence towards women (Article 8,paragraph N, speaks about the disclosure of thepersonal information of women politicians).b) Initiatives led by the Ministry of Government incollaboration with stakeholders, including theOmbudsman. Two laws were passed: a law onpublic security and a national system for a saferlife. Act No. 264, Chapter IV, Articles 47 to 52,amongst other things, regulate the installationof surveillance cameras and set out agreementswith internet service providers (ISPs) on the useof information technologies when it comes topublic safety issues. Furthermore, Act 263, thelaw against human trafficking, in Article 323deals with the production, consumption and possessionof child pornography. Article 41 explicitlyrefers to telephone tapping, under a court order.c) Initiatives led by the TelecommunicationsRegulatory Authority, which, since June 2014,organised a National Campaign to PreventDigital Violence in Bolivia. 3 The main expectedoutcome of the campaign is the enactment ofa bill on prevention of digital violence in Bolivia,developed through a multi-stakeholderapproach.All three groups of stakeholders expressly requestedadvice from the REDES Foundation to understandand address digital violence. Firstly, between 2012and 2014, the Ombudsman’s Office requestedtraining for civil society actors, national police, governmentministries, the Ministry of Justice and thePublic Prosecutor. This involved capacity buildingto fight human trafficking and protect victims, usingnew technologies. They also requested the trainingof more than 16 actors who are part of the NationalRoundtable Against School Violence.Secondly, between late 2013 and mid-2014, theMinistry of Interior, through the National DirectorateAgainst Human Trafficking and the National Departmentof Public Safety (in charge of the installation3 The Telecommunications and Transport Authority (ATT) explicitlyadopted the categorisation developed by the REDES Foundation inDecember 2013.of surveillance cameras throughout the country) requestedtechnical support. This was to ensure thefulfillment of people’s rights in the formulation oflaws and regulations related to monitoring and theprotection of privacy in police investigations, and theeradication of human trafficking networks.Finally, the third group asked the REDES Foundationin May 2014 for technical assistance in orderto develop a national campaign to prevent digitalviolence called No caigas en la red (“Don’t fall intothe web”). This has been implemented at a nationallevel since 12 August 2014. The main result of thiscampaign, apart from building awareness, will bethe formulation of a bill on the prevention of digitalviolence in Bolivia, which will also address theneeds of the two previous groups.Raising awareness amongst nationalauthoritiesIt is important to highlight that that the actors involvedin the current processes (regarding the rules that willallow monitoring of internet communications) are uninformedabout the internet governance model.The publication of specialised material oninternet governanceSince 2010, the REDES Foundation has promotedawareness of the internet governance paradigmthrough the publication of the following material:• A Map of Internet Governance, created by theDIPLO Foundation with the financial support ofthe vice-presidency and the REDES Foundation.• The Internet Ecosystem, authored by the InternetSociety with the financial support of thevice-presidency and the REDES Foundation.• Transition from IPV4 to IPV6, authored by LAC-NIC with the financial support of the REDESFoundation.• Human Rights on the Internet, authored by theAssociation for Progressive Communications(APC), with financial support from the NationalICT Network and the REDES Foundation.This material is currently being used to createawareness in the government, the private sector, internationalcooperation agencies and general users(including parents) interested in the eradication ofinternet violence.High-level meetings on the principles of internetgovernanceWe held workshops and conferences with the followinghigh-level authorities:• Representatives of the Ombudsman SpecialAffairs Department, following an agreementsigned between this institution and the REDESFoundation in 2012.• Members of the National Committee for Awarenessof School Violence, in 2012.• Members of the National Committee against HumanTrafficking, in 2013 and 2014. This includedholding conferences and workshops concerningthe recruitment of victims and prosecutionof internet crimes against children, using newtechnologies.• The municipal governments of La Paz, Santa Cruzand Cochabamba, in 2014. This involved holdingconferences and workshops on the prevention ofdigital violence against children and teenagers.• The National Director of the Anti-Trafficking inPersons Unit, in May and July 2014. This involvedholding meetings about the design of a bill tocontrol internet content. These are consideredhistoric meetings, due to the fact that authoritiesgained knowledge about net neutrality, internetgovernance, self-regulation, human rights on theinternet, respect for privacy, and the sanctity ofcommunications. Furthermore, they gained knowledgeabout the nature of international efforts oninternet self-regulation and global progress regardingfreedom of expression over the internet.• The Telecommunications and TransportationAuthority (ATT), to deal with cases of digitalviolence, between late 2013 and 2014. The meetingsaddressed cases of digital violence, witha focus on the importance of aligning the newtelecommunications regulations with the selfregulationand internet governance approach.Two approaches to build regulations relatedto communications surveillance in BoliviaSince 2010, there has been a diversity of legal instrumentsregarding public violence and publicsecurity, which tackle communications monitoring.Two approaches can be clearly identified:Legislation on national security, public safetyand child protection: Initiatives on this matterare discussed above in this report. They deal withactions to penalise and punish different crimes involvingpublic security and the criminalisation ofviolence against women and children. This involvestaking into account the dissemination of content intraditional media and on the internet, but the approachis not directly related to the internet, andclearly lacks the inclusion of internet governanceand human rights principles affecting the web.76 / Global Information Society Watch bolivia / 77