Subject: [A2k] Spanish activists issue manifesto on the rights of Internet users
From: Judit Rius Sanjuan <[email-masked]>
To: a2k discuss list <[email-masked]>
Date: Wed, 2 Dec 2009 17:23:17 -0500
List-Id: <a2k.lists.essential.org>

Spanish activists issue manifesto on the rights of Internet users
By Cory Doctorow
POSTED AT 1:32 AM December 2, 2009
http://boingboing.net/2009/12/02/spanish-activists-is.html

Javier "Barrapunto" Candeira writes, "Last Monday the Spanish
Government sent the parliament the latest draft for the Ley de
Economia Sostenible (Sustainable Economy Act), which contained riders
modifying the current laws on copyright and interactive services.
These amendments give the Spanish
Ministy of Culture the administrative power to take down websites (or
order ISPs to block those hosted overseas), all without a court order
and in the name of 'safeguarding Intellectual Property Laws against
Internet Piracy'. For this reason some of us have written a manifesto
that is being published today all over Spanish weblogs and media."

A group of journalists, bloggers, professionals and creators want to
express their firm opposition to the inclusion in a Draft Law of some
changes to Spanish laws restricting the freedoms of expression,
information and access to culture on the Internet. They also declare
that:
1 .- Copyright should not be placed above citizens' fundamental rights
to privacy, security, presumption of innocence, effective judicial
protection and freedom of expression.

2 .- Suspension of fundamental rights is and must remain an exclusive
competence of judges. This blueprint, contrary to the provisions of
Article 20.5 of the Spanish Constitution, places in the hands of the
executive the power to keep Spanish citizens from accessing certain
websites.

3 .- The proposed laws would create legal uncertainty across Spanish
IT companies, damaging one of the few areas of development and future
of our economy, hindering the creation of startups, introducing
barriers to competition and slowing down its international projection.

4 .- The proposed laws threaten creativity and hinder cultural
development. The Internet and new technologies have democratized the
creation and publication of all types of content, which no longer
depends on an old small industry but on multiple and different sources.

5 .- Authors, like all workers, are entitled to live out of their
creative ideas, business models and activities linked to their
creations. Trying to hold an obsolete industry with legislative
changes is neither fair nor realistic. If their business model was
based on controlling copies of any creation and this is not possible
any more on the Internet, they should look for a new business model.
6 .- We believe that cultural industries need modern, effective,
credible and affordable alternatives to survive. They also need to
adapt to new social practices.

7 .- The Internet should be free and not have any interference from
groups that seek to perpetuate obsolete business models and stop the
free flow of human knowledge.

8 .- We ask the Government to guarantee net neutrality in Spain, as it
will act as a framework in which a sustainable economy may develop.

9 .- We propose a real reform of intellectual property rights in order
to ensure a society of knowledge, promote the public domain and limit
abuses from copyright organizations.

10 .- In a democracy, laws and their amendments should only be adopted
after a timely public debate and consultation with all involved
parties. Legislative changes affecting fundamental rights can only be
made in a Constitutional law.

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