Über: Possible lock in Colombia: a debate out of technology - "TechnoTron"

Posted By: "TechnoTron"  Ap 10, 2017

  UBER

"The Administrative Court of Cundinamarca could impede the operation of the application in Colombia. Arguments against talk of preserving the neutrality of the network, but the debate is broader than its technical aspects."

UBER, APP, TECHNOLOGY


The Administrative Court of Cundinamarca has in its hands a demand that could result in the blocking of the implementation of über in Colombia. The decision has such an importance which is understood as a precedent to examine how they interact the new opportunities in the digital economy with traditional models of economics. In other words, it attempts to resolve one of the many tensions created in the clash between technology and status quo.

In this portion of the discussion refers to things like the need to innovate or net neutrality protection. In fact, this last concept is defended by the Ministry of ICT to be considered that the Court should not block the Uber app.

In a nutshell, network neutrality is a principle whereby the information must circulate on equal terms by a channel: not faster, not slower, or you should be obstacles to a given data stream.

The concept is a direct result of how he thought and implemented internet: a network that, through the fragmentation of information, allows you to more efficiently use the capacity of a transmission medium, either a telephone cable or a fiber optic wire. The network works best if all packets of data travel on equal terms. This is technically known as a silly network in the Middle, but with intelligence at the ends.

What we now know as network neutrality is a sort of philosophical principle that encourages or sustains the writing of public policies, but that at the time it arose as a result of the technical design of a system. What this may mean is that we are notbefore a natural law of internet or a deal absolute and constant, the speed of lightor gravity, perhaps. It is a malleable concept and admitting interpretations.

"The net neutrality is vital as a principle of public policy for the regulation of the internet. "What he says to the regulator is that it has to protect the network so there is discriminatory, mean-spirited or quite unfavorable practices", has Carlos Cortes,consultant in internet and regulation policies.

And adds, promptly on the Uber case: "a court to order the removal of content from the network or application blocking is not a violation of the neutrality of the network. It may be thousands of different things, but not a violation of the neutralityof the network".

Cuts argument goes to the Fund because, ultimately, the debate on Uber is muchmore than a technological controversy. Yes, it is a matter which is born by the use of an application, but has much more to do with the regulation of the system of transportation or free competition, than with the development of technology as such.

A blockade against Uber does not alter the architecture of internet or modify the conditions of the Colombian network data transmission. If an application does, butthat does not necessarily translates into an affectation of neutrality, perhaps.

Much of the argument for going against blocking über, which is folded to the principle of net neutrality, has to do with protection of innovation. Punishing the Challenger of the status quo is a bad message for an ecosystem in which found new opportunities to market and new ways of approaching everyday problems through technology. But so is the opposite case: all technology implementation must be respected for the sake of internet, all regulation is an affectation of the power network. Both are extremes, but can they reveal the same Vice.

"Now, it is guaranteeing that is a judicial pronouncement. A judge will be taking adecision on the merits on an application that may be in violation of Colombian law. It's more complicated if it is an administrative authority, if the Mintic, for example. And it is very different if the decision to block Uber in this case out of a mobile operator. There Yes there could be a violation of net neutrality. "There is an argument of the technology that worries me very much and is very absolutist: say thatas this is the technology, then there is nothing to do and no one can put his hand because it can not be stopped", says cuts.

And adds an important point: "it seems to Me that a judge should not make that decision as a precautionary." "That is very complicated because, then, whenever I see that someone is competing with me on the internet, put a law suit and ask a measure precautionary and while it is resolved as my competition business bag". Demand that studies the Court is, in effect, the request seeking precautionary measures against Uber.


This perspective perhaps serves to slightly adjust the debate. Background, there isnot a technological problem (although itself a technology-enabled), but a huge gap of legislation in the face of a competitor that does not conform to the rules. 


UBER, APP, TECHNOLOGY