F I L I P I N O V O I C E S

P o w e re d b y a c o l l e c t i v e voice (politics, news and social commentary)

THE INTERNET AND THE FILIPINO

WHERE NO ONE HAS GONE BEFORE

Written by Cocoy

w w w. t w i t t e r. c o m / c o c o y • w w w. f i l i p i n o v o i c e s . c o m
 Where No One Has Gone Before

Executive Summary

The Filipino is searching for answers on what the Internet is and what telecommunica-
tion is for them. The proposed draft memorandum by the National Telecommunica-
tions Commission (NTC) on 2 December 2008, “Guidelines on the Provision of Con-
tents, Information, Applications, and Electronic Games,” is just one of many such de-
bate. If this push by the NTC succeeds, according to Philippine Law, the NTC will find it-
self outside its mandate. Beyond The Electronic Commerce Act, as increasingly Filipi-
nos go online and participate with the larger Network whether through the computer
or through mobile phone, there is a clear and present reality that Filipino lawmakers
must define what, “Internet rights” is.

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 Enkindle

This is an awakening. As with every nation on Earth, there is a growing debate by Filipinos in all
strata on what the Internet is and what it means to them. What blogging is, and what New Media
is, notwithstanding, are just some of those questions. How the Philippine Government and Law
recognizes the Network and all the gifts associated with it, is likewise being debated and its im-
plication for the future of what the Internet means to the Filipino is diverse.

The National Telecommunication Commission on 2 December 2008 issued a draft memorandum

circular that pertained to GUIDELINES ON THE PROVISION OF CONTENTS, INFORMATION, APPLI-
CATIONS, AND ELECTRONIC GAMES all in pursuant to RA7925, Executive Order (EO) No. 546 se-
ries of 1979:

WHEREAS, the 1987 Constitution fully recognizes the vital role of commu-
nications in nation building and provides for the emergence of communi-
cations structures suitable to the needs and aspirations of the nation;

WHEREAS, the promotion of competition in the telecommunications

market is a key objective of Republic Act No. 7925 (RA7925, for brevity),
otherwise known as The Public Telecommunications Policy Act of the Phil-
ippines, which mandates that “a healthy competitive environment shall
be fostered, one in which telecommunications carriers are free to make
business decisions and interact with one another in providing telecom-
munications services, with the end in view of encouraging their financial
viability while maintaining affordable rates.”

WHEREAS, RA7925 further defines the role of the government to “pro-

mote a fair, efficient and responsive market to stimulate growth and de-
velopment of the telecommunications facilities and services”;

WHEREAS, the provision of contents, information, applications, and elec-

tronic games to the consumers creates demand for telecommunication
networks and services – the development of contents, information, appli-
cations, and electronic games should therefore be encouraged and facili-
tated;

WHEREAS, the entry of more contents, information, applications and/or

electronic games providers in the market will result to lower prices bene-
fiting the consumers;
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 WHEREAS, to further encourage the development of contents, informa-
tion applications and electronic games, the prevailing access charge re-
gime between the contents, information, applications and electronic
games providers and the networks providers which is revenue sharing
should be replaced by fixed access charge;

WHEREAS, in the power sector the consumers can purchase their power
requirements from independent power producers – power producers are
not subject to nationality requirement;

I humbly submit that this proposed guideline is contrary to the stated goal that the National
Telecommunication Commission (NTC) hopes to achieve. The implication of this broad and
sweeping scope that the NTC wishes to engage in, intentional or not, will not be limited to tele-
communication companies and the content provider businesses for those telecommunication
companies. It encompasses multiple industries and genres the NTC may or may not be aware it is
threading on. As such, this broad and sweeping scope would be detrimental for the Filipino and
places a roadblock to further the Filipino dream of going beyond poverty. It will dampen innova-
tion and competition in the market place. It will lay added burden on the lowliest content crea-
tor, stifle free speech and expression and chain the creativity and intelligence and culture of the
Filipino. I shall go as far as to say that the governing law in the matter ought to be Republic Act
8792 or The Electronic Commerce Act.

RA 8792, section 6, subsection (f ) states that:

“Information and Communications System” refers to a system for gen-

erating, sending, receiving, storing or otherwise processing electronic
data messages or electronic documents and includes the computer sys-
tem, or other similar device by or in which data is recorded or stored
and any procedures related to the recording or storage of electronic
data message or electronic document.”

That includes a mobile phone and all content and application made for that phone.

To understand this, one has to recognize that with the Internet, telecommunication has
changed. It is a genie that cannot be put back in the bottle save perhaps a catastrophic and
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global collapse of The Network. Telecommunication Companies are fast evolving into an Internet
utility firm in the same way as Power and Water are.

The profound changes the internet has done for human civilization simply isn't limited to print,
radio, video, or in how the world communicates. The Internet has a drastic affect in everything,
from business to culture, from literature to every form of entertainment. It has hyper-enabled
every discipline in academe, on research and development in universities and in corporations
and brought this power to the basement and garage of every home in the world, immensely.

The Internet has had a profound affect on discovered and invented information and technolo-
gies most importantly in how they are applied. It has had transformative effect on how govern-
ments can communicate with their people, and more important with how much and how
deeper people can communicate with one another. The changes are simply astounding and un-
quantifiable.

Not since Gothenburg and the rise of the printing press has there been such an explosion of in-
formation and communication.

This beautiful and wonderful technological achievement is so nascent that we do not know how
profound it would affect every person's life from here on out. This transformation in how we
communicate has made the world closer as much as the jet engine has made the world a smaller
place. The total cost of communication when once it took much money simply to call a person
Manila to San Francisco has been drastically reduced. Today, anyone is a skype, google talk or
yahoo messenger away. To further a point, the marriage of computer and the Internet is the first
video phone that many had dreamt we would have mere decades ago.

Definition of Terms
For the sake of this discussion, we shall follow the same terms the National Telecommunication
Commission uses:
a. Content – refers to all types of contents delivered to or accessed by the
user or subscriber such as music, ring tones, logos, video clips, etc.
b. Information – refers to all types of information delivered to or accessed by
the users or subscribers, e.g. road traffic information, financial informa-
tion, visa application information, etc.

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 c. Application – refers to all types of applications delivered to or accessed by
the users or subscribers, e.g. mobile banking, electronic payments, point
of sale service, etc.
d. Electronic Game – refers to games played online except gambling.
e. Contents Providers – are persons or entities offering and providing con-
tents to the public for compensation through the networks, systems and/
or facilities of authorized networks, systems and/or facilities providers.
f. Information Providers – are persons or entities offering and providing in-
formation to the public for compensation through the networks, systems
and/or facilities of authorized networks, systems and/or facilities provid-
ers.
g. Applications Providers – are persons or entities offering and providing
applications to the public for compensation through the networks, sys-
tems and/or facilities of authorized networks, systems and/or facilities
providers.
h. Electronic Games Providers – are persons or entities offering and provid-
ing electronic games to the public for compensation through the net-
works, systems and/or facilities of authorized networks, systems and/or
facilities providers.
i. Contents Developers – are persons or entities creating contents.
j. Information Sources – are persons or entities providing information to In-
formation Providers.
k. Applications Developer – are persons or entities creating applications.
l. Electronic Games Developer – are persons or entities creating electronic
games.
To bring my point across, I shall try to use fictitious scenarios but before I do that, let me intro-
duce a term: New Media:

“New media is a term meant to encompass the emergence of digital, computerized,

or networked information and communication technologies in the later part of the

20th century.

Most technologies described as "new media" are digital, often having characteristics

of being manipulable, networkable, dense, compressible, and impartial.[1]”

- New Media on Wikipedia.

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Does that term and its meaning sound overtly familiar? Does it not encompass all things that
the NTC wants covered?

With that let us go through our first scenario.

I. www.PinoyRTW.com
Let me introduce to you John dela Cruz, his wife Maria and Patrick Reyes. John lived and worked
in California. His wife and son resided in the Philippines. John was an Overseas Filipino Worker.
He worked as a Male Nurse in California but is a computer enthusiast. He not only knows how to
develop web applications but is familiar in building a web server. John dela Cruz had long since
dreamt of becoming an entrepreneur and with a growing son, decides, his family would need
more income.

So John, in his spare time slaved away, writing a store application that would let customers in the
Philippines buy and sell clothes from sports wear to formal wear to underwear. He knows how to
build a web server and knows the cost of outsourcing it to a hosting provider. John being cheap,
thought, "Well maybe, I'll do my own hosting". He computed the cost of high speed internet to
his house in California, the cost of running a computer Twenty-four-seven and the time it would
take to maintain it. In his due diligence he noted that, “Yes, he could run this on his own". At least
while the business was young.

So John goes out and buys a cheap computer from the local Best Buy. Being a geek, he naturally
is familiar with how to install and configure open source software: Linux, Apache, MySql, and
PHP (LAMP). After which he gets his local ISP to give him a static Internet Address. John registers
a domain name and points it to his brand new server. Maria in the Philippines already has a
computer and is running off a broadband connection and which comfortably rests in their family
living room.

The broad and sweeping definition of the NTC clearly includes John dela Cruz as Content Pro-
vider and Applications Developer.

After testing his software, John registers the business with California.

Now the store's about to open. John a month previous had already bought his inventory. It was
shipped to Manila by sea and his wife had already received his freight and paid for the appropri-
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ate taxes and duties. Days later, John opens the site to the general public. The store after a brief
outage, is running smoothly.

Through the marvel of the Internet, Maria is log on to the online store in California. Once a cus-
tomer orders, the software will tell Maria that, yes, you may now ship the product because it was
already paid for.

Patrick Reyes is a lawyer. Now he wanted to buy his new girlfriend something nice. A friend of a
friend told him that hey, there is a new site that just opened that would sell cheap clothes from
America but half the local price. Curious, Patrick goes online and sure enough finds John and
Maria's PinoyRTW.com and while browsing the catalog found it drastically cheaper than buying
the same thing from Shoemart. Oh, wow, Patrick thought, the site also gives free shipping and
free wrapping/packaging. It was too good to be true, Patrick thought.

Boom!

Maria receives confirmation that it was time to ship a cocktail dress to Patrick Reyes, which was
supposed to be wrapped in a nice red box. The package was suppose to be delivered at Enter-
prise Center in Makati. Maria after wrapping the package, takes the public FX and the MRT and
an hour later had already hand delivered the package. Thirty minutes later, Patrick's new girl-
friend Jessica and a dazzling smile painted on her face.

Five years later, John and Maria's business had evolved and they were now shipping to every
part of the world and most of their clientele is Filipino.

Again, let us briefly return to the NTC’s definition:

“Contents, Information, Applications and/or Electronic Games Providers,

Contents Developers, Information Sources, Applications Developers, and
Electronic Games Developers are required to have commercial presence
in the country and shall secure Certificate of Registration (COR) from the
Commission.”

John and Maria's business undoubtedly has a commercial presence in Philippines. From the get
go, it is a multinational corporation. And as per this proposed Circular, not only would John and

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Maria be required to register it with the NTC, not counting of course other local license fees that
they ought to apply for it doesn't make it easy for a Filipino to start a business.

According to the Electronics Commerce Act, Section 3, subparagraph d:

“Neutral Tax Treatment. Transactions conducted using electronic

commerce should receive neutral tax treatment in comparison to
transactions using non-electronic means and taxation of elec-
tronic commerce shall be administered in the least burdensome
manner.”

Atty. Jesus M. Disini, Jr., wrote an annotation in the book, The Electronic Commerce Act:

“Taxation of Electronic Commerce. There are to date, no explicit Phil-

ippine tax laws on electronic commerce and it apepars that no law
will be passed on this subject matter in the near future. However, it
is undeniable that many of the activities involving electronic com-
merce are subject to existing tax laws. For example, retail goods
over the Net would attract value-added taxes (VAT). Additionally all
electronic commerce entities located in the Philippines would be
subject to some form of income taxation, indirect taxes, and even
local government taxation. The goal of the policy is to encourage
the taxing authorities to treat electronic commerce entities no dif-
ferent from the brick and mortar counterparts. Again, this is viewed
as promoting the growth of electronic commerce.”

II. The World Class Chef

Kara Chen was a gorgeous Chinese-Filipina. The Chen weren't rich but of middle income. More
than her drop dead gorgeous looks, at the age of 15, she was the family cook. She could make
the most delicious dim-sum to rival dim-sum from Hong Kong. By the time she was 18, she was
such a cooking prodigy that she decided to open up a video blog.

Using the family home video cam, with the aid of her dorky little brother Carlos had setup a
makeshift studio at their family's little kitchen. As a videographer, it was Carlos’ job to edit his

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sister’s show. As for the website, the Chen siblings turned to Carlos’ best friend Zac, who having
a crush on Kara provided his services for free.

Neither Zac or the Chens could afford to build their own eCommerce site, so rather than build
that infrastructure, they chose to use iTunes as the platform.

Kara's Kitchen became an Internet success.

Weekly, numbers began climbing from a handful to a thousand. They didn't want to price too
much nor too little, they settled on US$1.99 for the 5 minute show was more than enough to pay
for the cost of uploading content to the internet, having revenue sharing with Apple and making
money for themselves.

This video could be downloaded on any computer and viewed on an iPod or iPhone and as per
the definition of the NTC, clearly they fall under the definition of content provider and content
developer.

Kara, Carlos and Zac could now afford to go to university on their own.

Why then again do we need that NTC memorandum circular?

III. Father Peter Ochoa and the Word of God

Filipino Reverend Father Peter Ochoa was a natural born evangelist and he used this talent for
the Roman Catholic Church. When he spoke, you'd listen and make sense. In the old days, that
would mean Fr. Pete would have had a radio program. One day, Fr. Pete got a chance to listen to
Leo Laporte of TWiT.tv.

Leo Laporte is the founder of the TWiT network which is totally based on the Internet. He sends
out a podcast a day on various topics from technology panel discussion to science to law to fam-
ily. Being a podcast, the listener downloads it and listens to it anytime he would like. it is like hav-
ing a radio program that you can choose to listen to anytime you want.

Suddenly, Fr. Ochoa had an epiphany. OK, it was something that came to him and he said it was a
blessing from the Holy Spirit.

So he started a religious podcast and the faithful whether Filipino or American, Japanese or Chi-
nese, European or Middle-Eastern or African started to listen.

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Sure it wasn't a huge following. 1,000 people would download his podcast. For every person
who downloaded his podcast, they would "donate" at least a dollar to Fr. Peter's paypal account.
He would receive proposals to have advertising on his show, which he accepted. Mostly it was
from people who sold religious items like books and candles and stuff like that.

Suddenly Fr. Peter found himself earning thousands of dollars a month.

Fr. Peter would record his podcast in the Philippines. He is both provider and content creator. His
content is hosted in an American server. His viewership is global. Did I mention that a podcast
could be downloaded to a phone just like any ringtone or music? Does this mean he would have
to register with the National Telecommunications Commission?

IV. Application and Game Development - Sudoku for Android

Megan San Miguel was very

good in Math and she was
very good with program-
ming. Her rich uncle from
America gave her a hand me
down Laptop and a hand me
down cellphone. Luckily it
was a Google Android-based
phone. Being good with math
and programming, Megan
wanted a Sudoku for her
phone. So she wrote one. Be-
lieving in the power of open source, she even licensed the game and code under the GNU Public
License.

Then she thought of putting up the software for sale. So asking seed money from her rich uncle
in America, they registered a domain name, had the site hosted on a server in New Zealand. Hey,
pretty soon she had a steady income and went on to write more software.

Megan also setup shop with the Android Market.

If the NTC interpretation was in place, she'd be doing the work illegally, wouldn't she?

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V. Byte and Kagat
Ryan Ramos was a huge fan of
xkcd, a webcomic of romance,
sarcasm, math and language. So
when Ryan wanted to enter the
genre of blogging, he didn’t want
to be the quintessential political
blogger. Instead of writing prose,
he chose to draw satirical comics
that reflect the life and times of
the Filipino. Think Pugad Baboy
but on a blog and instead of pol-
gas, Byte and Kagat were cats.

(Permanent link to image to your

left is here.)

His comics through technology

called "really simple syndication"
or RSS could easily be down-
loaded on a mobile phone. Which was quite all right with Cathy Ermita who being into politics
and satire and humor would be able to download the new comic religiously.

Ryan is both an information source because of his commentary. He is also a content developer
and content provider and a New Media practitioner. Part of his website is a page where you can
order T-shirts, mugs, and other similar items that allow people to send him money to keep mak-
ing political satirical comics as his way of blogging.

How again are these scenarios different from ringtones, music, video clips associated with Mo-
bile Phones and Telecommunication Companies?

Ultra Vires
If you noticed, my scenarios above didn't even require any business relationship with a telecom
provider, save that in each instance the parties involved were subscribed to use the telecom's
internet offering. There was no transaction between telecom and content provider. The telecom
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was neither involved in selling goods nor services. You might have also noticed that the line be-
tween content provider and content developer was blurred.

That's another gift of New Media. Anyone can be both content provider and content developer.

All this should fall under the Department of Trade and Industry. As clearly all of it is a matter of
commerce and not mere telecommunication.

The commission, perhaps it thinks it is acting in the public's best interest when it wrote about
rates:

“The rates shall be deregulated. The contents, information, applications

and/or electronic games provider shall inform the Commission of the
rates for each of the content, information, application or electronic
game offered at least three (3) days prior to the offering of such con-
tent, information, application or electronic game. Contents, informa-
tion, applications and/or electronic games providers seeking increases
in rates shall inform the Commission of the details of such increases at
least five (5) days prior to the implementation of the increase. The
Commission in the exercise of its mandate to protect consumers may
not allow the increase. If the Commission does not act on the informa-
tion within five (5) days from receipt of the same, the contents, infor-
mation, applications and/or electronic games provider can impose the
new rates.”

When it wrote the rates were to be deregulated, it completely overturns this when it says, “To
protect consumers, the commission may not allow an increase” and goes so far as to say that
content developers can impose new rates if the commission ignores their adjusted rates.

Clearly the National Telecommunication Commission does not wish for a deregulated industry.

Why should government impose such restrictions?

Is it out of fear that a telecom for instance would raise rates on text messaging? A person could
either choose to pay the higher SMS cost, or not at all. That's the nature of the business isn't it? It

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isn't life or death not to send out a text message. Neither is it life or death for someone to down-
load a ringtone or game.

Either you have the money to pay for it or not and if fewer people used the telecommunication's
service then, that's the telecommunication company’s problem isn't it? They're a business and
should know how much the market will be willing to pay for a service or good. They teach those
things in business school do they not?

What the commission is proposing will not serve the market place at all. It is a hindrance to real
competition between the telcos and content providers and content developers.

What happens when lifecasting

comes to the Philippines? That’s
right, how do you “regulate” Qik for
example that lets you share live
video from a mobile phone?

While the Electronic Commerce Act

under section 41, has mandated the
National Telecommunications
Commission, among other imple-
menting agencies “to aggressively formulate, promote and implement a policy environment and
regulatory or non-regulatory framework that shall lead to the substantial reduction of costs of
including, but not limited to, leased lines, land, satellite, and dial-up telephone access, cheap
broadband and wireless accessibility” by government and the general Public.

Why is there such a blatant disregard for a free market?

Networks, systems and/or facilities providers shall provide access to contents,

information, applications and/or electronic games providers upon request and
based on an access agreement. Access to the networks, systems and/or facilities
of duly authorized providers by registered contents, information, applications
and/or electronic games providers shall be mandatory.

If taken benevolently could be interpreted that each telecom would provide each other access.
That network interoperability should exist. That it only pertains to telecom companies.
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Taken or interpreted differently it simply means government without even going to a court of
law could ask for the content of a server. It could require access to servers and files just about
anything, just like that. No telecom, however evil should be subjected to such process.

In the wrong hands, such act is powerful, and detrimental to free expression, free speech and
privacy.

No government or person should have that power without due process, without going to legal
processes like a court of law, no matter how rubber stamp such process could be. The level of
abuse this could lead to is unimaginable. Suddenly, private family photos and private email
could be opened just like that. Even email.

But what about the NTC regulating the cost of doing business?

The access charge shall be negotiated. The access charge shall be cost-oriented
and shall not be higher than the prevailing retail rates, not promotional rates,
for the service where the contents, information, applications and/or electronic
games are offered/provided.

While the Electronic Commerce Act allows the NTC to provide a regulator or non-regulatory
framework, to determine the cost for content developers, I believe to do so is wrong.

The iTunes Music Store

Take the case of Apple’s iTunes Music Store. This music store serves the iPhone. Similar stores for
Google Android and Palm
are available. The iTunes
model, which applies to
both Application and Me-
dia (both music and
video) the price and reve-
nue sharing is clearly be-
tween Apple (the provider
and owner of the store)
and the Content Devel-
oper (the Music labels, the musicians, the Movie and Television studios).
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Clearly, the matter between the content developer or the applications developer of not just the
Mobile Phone segment, falls under the same category as the iTunes Music Store. How it is priced
or how revenue is shared is no one’s business except the business entities, both free to negotiate
their transaction. Should it be cost oriented, revenue sharing or whatever other method,
shouldn’t that be up to them? It is a business decision that government should not interfere. To
take that away from the market place where government clearly does not need to step in to
regulate is a mistake. I believe to regulate this industry would go against the policy to promote
Electronic Commerce.

As to the point where the NTC would like to license just about every content, as we’ve stated the
definition of content is so broad and sweeping that it encompasses different industries and gen-
res that the Electronic Commerce Act already covers superiorly. Not to mention the utter futility
to subject every content to a license and how detrimental such activity would be.

Imagine not being able to call your sister on Skype because by the definition you are a content
developer and a content provider.

This matter should be under the watchful eye of the Department of Trade and Industry and not
the National Telecommunications Commission.

The Future of Internet and the Filipino

The recent World Economic Forum had a session, “The Next Digital Experience [video],” hosted by
well respected blogger and TechCruch Founder, Mike Arrignton. The panel included Chad Hurley
of YouTube, Mark Zuckerber of Facebook, Shantanu Narayen of Adobe, Hamid Akhavan of T-
Mobile International, Eric Clemens, Wharton, and Craig Mundie of Microsoft. They talked about
the future of mobile and the next digital networking experience.

In that session, Hamid Akhavan of T-Mobile International was quoted by Businessweek:

3.2 billion people have mobile phones. Most widely held elec-
tronic device. 5% only are browser capable for an internet
experience. In Western Europe, with net-capable phones, data
traffic is rising very fast. (emphasis mine)

Another interesting point was raised by Clemens about the difference between push and pull
technologies (I paraphrase):

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 “There is a huge difference between a push or pull. If someone
pushes information about a restaurant and I can’t even use my
phone because I’m being bombarded with information, that’s the
wrong model. ...If I want to know where my friends eat in Chicago
and I pull that in, that’s incredibly useful.”

This exist right now. Mobile Phone carriers are constantly bombarding users via SMS about ad-
vertising. Clearly the twitter model of “asking” of seeking out the data for you. That’s the less in-
trusive, the model that users like. This is something mobile phone companies and technologists
need to think about.

Clearly as much as the Internet has transformed the world, it continues to be a nascent technol-
ogy. It is a nascent industry. Everything is still growing.

The infrastructure of the Network which includes everything from cellular technology, wireless
internet to the wired lines, cable, DSL and other similar technologies, are clearly owned by the
telecommunications companies and thus is under the NTC. Making this affordable, reliable, and
ensuring Network Neutrality for not just government but every Filipino is a mandate that the
NTC needs to uphold.

How do you do broadband anyway? Perhaps we ought to take a page from Korea. How you do
broadband? Korea’s Communications Commission answer:

“...the newest move by Korea’s Communication Commission is planning

on a countrywide broadband upgrade. The country already has one of the
best broadband penetration and speed in the world and they plan that by
2012 it will be getting a whole lot better. How much better you ask – well
try a 10 fold increase in speed.”

It isn’t just with Korea. Obama intends to build a broadband infrastructure to rival the US Inter-
state System:

President-elect Barack Obama vows to "renew our information super-

highway" as part of a massive plan to invest in public infrastructure and
stimulate America's flagging economy. Obama's immediate plans include
large federal investments to bring computers and Internet connections to
school districts and the health care industry.

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As the world will be a digital tomorrow, a broadband infrastructure whether built by Private or
Public enterprise must be coupled with intensive teaching and training to get people to see be-
yond mere friendster and mere yahoo email as the Internet. There is a need to show Filipinos the
deeper magic of the Internet. To leverage social networking platforms like Twitter and Plurk, to
journey past and see what technology, entertainment and design has to offer. To see the won-
ders of the Web and the beauty of its underlying infrastructure and culture. There is a clear and
present need to ensure Filipinos can leverage the Internet and this must be coupled with a codi-
fied “Internet rights.”

We need to be able to bring Filipinos onto the greater web and if Cellular technology has shown
us, it is through rapid expansion in the mobile space that this needs to be done. The first per-
sonal computer of tomorrow’s Filipino ought to be on the mobile space and we must participate
in ideas like Rethinking the Internet.

Eric Clemens says, dogs instantly know what’s in a room. That’s the power of their senses. Cle-
mens says that with the amount of information we’re having, that’s available right now, we’re like
dogs. Mobile and the Network is giving us hyper-reality. He makes a note that Young Wallstreet
bankers on two sides complete deals on Facebook because they were old college roommates.
This is something that Future Filipinos need to get into. This hyper-reality, this hyper access to
information is astounding.

There is a push at the United Nations to make Internet access, a human right. If that should hap-
pen, the National Telecommunications Commission must be one of those agencies to ensure
that right. It can guarantee it by ensuring Net Neutrality. The NTC can ensure fair and equal and
healthy competition between Telecommunication companies, exist. Though the CIA factbook
says there are over Five Million Filipinos online, the idea that the Internet is a right must be
something lawmakers must debate today. If we believe that it is a human right, I believe that
Lawmakers also need to codify Blogger’s rights, as well as Coder’s rights and wrap it as “Internet
rights.”

There is also the question that the Internet will become a utility one day. It is not a farfetched
idea. It is an idea that has merit and the infrastructure will still fall under the watchful eye of the
NTC.

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 Conclusion
A memorandum circular by the National Telecommunications Commission, will be “ultra vires,” or
outside its mandate. As this position paper has shown, the Electronic Commerce Act is the more
appropriate law to follow in this instance.

The Electronic Commerce Act has clearly defined what is data, how it is received and transmitted
and how to secure it. RA 8792 already has laid down the foundation for what is acceptable in
electronic commerce in the Philippines and though not explicit, New Media falls under this cate-
gory. The Department of Trade and Industry clearly should take precedence in this matter as it is
an affair of commerce and trade. Hence, why should there be an added expense to deploy “on-
line content”?

The dangerous provision of the circular, particularly allowing access to servers without a court
order is most troubling. It took 10 years for an Internet-Censorship Act in America to fail and this
may be the dawn of an Internet Censorship campaign in the Philippines. Given the political cli-
mate and given how much of our people are clueless about the Internet and protecting Free-
dom of Speech online, it will be a never ending battle, at least in the immediate future.

What the NTC should be focusing on is how to preserve Network Neutrality, which is of greater
public interest rather than this. It should be focusing on how to help the telecom industry mi-
grate to faster wireless broadband. It shouldn’t worry itself over the price of SMS or ringtone,
which market forces can clearly thrive in and will serve public interest.

Likewise, Lawmakers should step forward. We need “Internet rights: a bill of rights online,” one
that guarantees and respects not just free speech but to ensure that the collaborative mecha-
nism that empowers millions online would continue to benefit tomorrow’s generation.

Acknowledgement

Though this document is my opinion, I would like to acknowledge @jenijenjen, @bigenya, @sofmi,
Ding and @JimAyson and the technical staff, contributors and editors of Filipino Voices for their in-
sights and comments.

Licenses

The Internet Map on the cover page was made by Matt Britt and is a snapshot of a partial map of
the Internet based on January 15, 2005 as found on opte.org. The file is licensed under creative
commons, attribution 2.5.

xkcd and the web comic inserted in this document is owned by www.xkcd.com

This paper’s text is licensed under Attribution-Noncommercial 3.0 Philippines.

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