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Solve with cybersecurity laws?

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(Expansión) – After the digital violation of the Sedena and the information that has begun to be disclosed by drops, from a catharsis towards private cybersecurity companies, a presidential setback to the experts that we have been obfuscated and not to mention the drowning kicks from the authorities for trying to cover the enormous stain of justice that the hacktivists of Guacamaya have let out.

In recent days, the commissions met to deliberate on the actions and the course of the issue related to cybersecurity, the truth is that, as old-school lawyers, many squarely think that with legislation the problem can be solved.

Huge mistake. When talking about cybersecurity at the country level, we cannot only try to patch up the problem with a law, since it could get out of control by being steamrolled and leaving aside many related cross-cutting issues; Let us remember that historically there have been many attempts, however, several were invasive to issues of privacy and intimacy of the citizen, as if the coming militarization were not enough.

Among the topics that will cause the most commotion is the creation of specific instances for the topic, with bombastic names that seem like an American rehash (of course, without the capabilities of that country); authorities trained on the subject, this enormous problem has been a storm bird for the administration of justice, many times it is not that there is no training, it is that the Public Ministry worker is reluctant to carry out his work and open up to new topics because of the workload it carries. It is enough to look at the example of the reforms to the criminal code that many name the Olympia Law, which many judges, respondents and authorities in general deny or are unaware that this is a prosecutable crime (the so-called revenge porn), leaving aside the taking of complaints of many victims.

Who would be in charge of the General Directorate of Cybernetic Research and Technological Operations? Or of any organism created by steam? It is worrying that presidential cronyism leaves people with zero (or almost no) preparation, just because they are loyal sheep. We see the recent cases with educational institutions or outlets such as economic institutions (without making a direct statement).

We cannot talk about legislation without public policy and let us remember that we have a dusty National Cybersecurity Strategy that, although the OAS collaborated directly in this impulse, the man who lives in the National Palace has mocked such an important organization, taking it as a “laughing thing”. ”. With this small example we must realize the magnitude of the lack of public policy on cybersecurity.

There is talk of a registry for companies that provide cybersecurity services; we could take it for laughs, but would people who sell antivirus software count? Without falling into the assumption of piracy or formal companies, a register of it to identify them and do a witch hunt with higher taxes and/or acquire solutions directly with them by jumping to framework contracts would break transparency guidelines.

Perhaps this initiative is the one that prospers the most due to the hacktivist events that have taken place, but it still lacks many nuances that can really make a real impact, and everything should start from the change of authorities for it, reiterating that before talking about laws, public policies are required. It is necessary to break the stereotype that has been built in this government, which has bet on issues that have represented a setback for the country, trains that have broken natural spaces, airports where no one returns, etc.

Cybersecurity is a priority issue that requires further analysis, investment and, above all, preparation without improvisation.

Editor’s note: Carlos Ramírez Castañeda is a specialist and passionate about Computer Law, particularly in the areas of Cybersecurity, Cybercrime and Cyberterrorism. He has a Master’s Degree in Law of New Information and Communications Technologies from Santiago de Compostela Spain, Doctor in Administration and Public Policies from Mexico. He is a collaborator of various academic and government institutions, a professional always interested in cyber prevention issues, particularly with vulnerable sectors. Follow him on Twitter as . The opinions published in this column belong exclusively to the author.

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