Cyber Law in Mexico by Cristos Velasco

Wolters Kluwer Law & Business has published the third edition of my book: Cyber Law in Mexico [ISBN-978-90-411-6855-9].

This book is part of the renowned “International Encyclopaedia for Cyber Law” coordinated by Jos Dumortier, former professor at the Catholic University of Leuven in Belgium and Mr. Ruben Roex.

Like in previous years, this Monograph is now available as “print on demand” (electronic or printed format) for those interested in purchasing it separately, without having to buy all the six volumes of the “International Encyclopaedia for Cyber Law”

This edition contains a total of 416 pages and is updated until February 2016. It is currently the only available book in Mexico on the subject published in English. It contains a general introduction; statistics and background of the political system, population and geography; telecommunications infrastructure; statistics and current data on information technology, broadband and telecommunications investment; electronic commerce; domain names; competitiveness and e-government. Likewise, this book is divided into nine main areas of practice with different chapters and sub-sections, and a final section of conclusions as follows:

I. Regulation of the Information Technology and Communications Market contains the legal and regulatory framework of the telecommunications sector, which includes an exhaust analysis of the Federal Law on Telecommunications and Broadcasting and the activities of the national regulatory authority IFT; an analysis of the competition framework in telecommunications under the current laws and treaties and the activities and fines established by the Antitrust regulator Cofece. This section also includes a revision of the rules on standardization, certification and homologation of telecommunications equipment.

II. Protection of Intellectual Property in the ICT Sector includes a revision of the national rules on copyright in the area of ICT, legal protection of software, databases, computer chips, trademark and trade scheme licenses, the current legal framework of Internet domain name registration, including the domain name disputes administered by WIPO and a revision of the Anti-Counterfeiting Agreement (ACTA) and its signature by the Mexican authorities.

III. ICT Contracts incorporates an analysis of the legal framework applicable to software, government and electronic contracts.

IV. Electronic Transactions includes an analysis of the rules for the formation of electronic agreements, the regulation of electronic commerce, electronic signatures and certification service providers in the following sectors: commerce, consumers, financial & banking, administrative procedures and tax and fiscal obligations; a revision of the rules on preservation of data messages, the rules on applicable law and jurisdiction for consumers, unsolicited communications (spam) and marketing practices and a revision of the status of national digital identity cards and online banking statistics.

V. Extra-Contractual Liability incorporates an analysis of the rules on non-contractual liability, negligence damage and redress and liability of network operators and Internet service providers.

VI. Online Legal Proceedings includes an analysis of the legal and administrative framework on online trial proceedings, the national online justice system and the sanctions imposed by the Federal Tribunal of Fiscal and Administrative Justice.

VII. Privacy and Data Protection incorporates an analysis of the constitutional reforms in the area of privacy an data protection, of Federal and State legislation on data protection, including an exhaust revision of the provisions of the Federal Law on Protection of Personal Data in Possession of Private Parties (LFPDPPP) and its Regulation and each of the instruments and guidelines on data protection issued by the national data protection authority INAI; the fines and sanctions against data controllers and data processors established by INAI; analysis of the jurisprudence and case law on privacy and data protection issued by the Supreme Court of Justice and Federal Tribunals and Internet industry related studies and statistics on data protection.

VIII. Transparency and Access to Government Information includes an analysis of the constitutional reform on access to information and the Federal Law of Transparency and Access to Public Government Information and Data Protection (FLTAPGIDP), state laws, information on the electronic system for access to information requests and relevant statistics on access to information from the national authority INAI.

IX. Computer and Internet related Crime, includes an analysis of the substantive provisions of the Federal Criminal Code in the area of ICT, interception of private communications, geographic tracking of mobile equipment by law enforcement authorities and cooperation on criminal investigations, offenses related to computer systems, infringement of copyrights, offenses related against the security of the nation, use and recognition of digital evidence for criminal investigations under the new National Criminal Procedure Code, the substantive and procedural rules on criminal jurisdiction, law initiatives on cybercrime, activities on international cooperation and national statistics on cybercrime, state legislation, law enforcement activities against cybercrime; an analysis of the national strategy on cyber security of the federal government, which includes the work of the national CERT-MX of the Scientific Division of the Federal Police and awareness activities on cyber security.

X. Final Conclusions

This book contains a “Thematic Index” with keywords within 776 numbered paragraphs of the text, which enables the reader to search for specific terms related to the regulation of information technologies in Mexico.

I am very grateful to my colleague and friend Mtro. Julio César Vega Director of the Internet Mexican Association (AMIPCI) for having drafted the preface to the third edition of the book.

It is worth mentioning that I will be presenting this book in conferences and seminars related to the regulation of ICT’s, as well as in Universities and academic circles in Mexico and Europe during 2016.

The book can be now directly purchased through: Wolters Kluwer Law & Business