Telecommunications Security Law Passes First Debate
By: Kathyria Caicedo for Telemetro Reporta - The Governance Committee of the National Assembly approved in the first debate the draft bill for Law 28, telecommunications security, which will now pass to the full Assembly for approval in the second and third debate before becoming law. The draft bill was approved almost in its entirety, except for an article that included a requirement to keep a log and register of missed calls. The Deputies decided to require telephone companies to only make records of those calls that are actually connected. Act 28 obligates telecommunications companies that operate fixed and mobile services to collect and retain data from their users, as well as other provisions. The Government and Justice Minister, Jose Raul Mulino, who introduced this bill was present throughout the discussion, which has been quite controversial.
La Prensa - There will be no wiretaps of a political nature. This, according to Panama's Minister of Government and Justice José Mulino and Panama's Secretary of Security José Almengor, in discussing the bill approved by the Executive Cabinet to track telephone user data - both fixed and cellular - as well as Internet service providers. "Get rid of the ghosts that we are supposedly chasing politicians. This is for the prosecution of crime. If the country wants tighter security, then they should trust that we are doing the right thing," said Mulino. Almengor, meanwhile, noted they would not be tapping the telephones of anyone who is not related in "some kind of illegal activity." But Miguel A. Bernal said the measure violates the privacy of citizens. Panama's Solicitor General Ana Matilde Gomez indicated she was in favor of the initiative, although she still has not seen the details of the proposal. She said she understood the intent was to "extend or improve the regulation of technological tools" are used by organized crime, which often have better or greater access to technology than those used by the police, justice, and law enforcement authorities. (See Comments)
By Ereida Prieto-Barreiro for the Panama America - Cellular phone calls, the use of email and access to the Internet will no longer be private. The government believes these activities are of "public and social interest" and they intend to regulate. Draft Law 019-09 will be discussed today during the meeting of the Executive Cabinet for approval and subsequent delivery to the National Assembly, states that "concession companies in mobile telephony, fixed communications networks and the like, which provide service in the national territory or from it are required to keep a record of data from their customers." The information will be used by the Public Ministry if necessary and so far the document does not mention the National Security Council as one of the entities that could access the information, but it also does not prohibit it. The information would be provided to the authorities and would include the identification and location of the user who contracts these services en any of the before mentioned modalities. The paper which the Panama America had access to states in Article 3 that the company should register the date, time, and duration of the communication established by their customers, be it mobile or fixed networks. With regards to Internet access or the use of email, the company should register the "date and time of the connection," the description of the service of Internet access, and the moment the user disconnects. Surveillance - Missed calls will no longer be registered only in the recipient's phone, but they will also be registered by the telephone company. Article 5 says "fruitless" calls should be registered in what is being called "data retention" so that they can be delivered if they should be requested by judicial investigators or the courts. The data recorded and held will serve to "trace and identify the source of a communication." This identification will be realized from the number that originates the communication to all of its recipients, because they will make a record of all diversions or transfers of calls. A source close to the presidency said the measure will be taken to prevent "terrorist acts" against the population in general or the President of the Republic. Also the source said the law would regulate the purchase of prepaid calling cards to prevent "money laundering" as well as the chips in the telephones that are not in the databases of the telephone companies in order to identify their owners. Obligation - The companies providing the services will be required to keep the information for 18 months, however that time frame could be extended up to 42 months. The time limits will be adjusted by the authorities for the purposes of detection, investigation and prosecution of crimes.
By DON WINNER for 
