Hi all, 

A few months ago, the Chilean Subsecretaria de Telecomunicaciones (SUBTEL) ordered certain carriers to stop selling data bundles that waive the fees for accessing social media sites. A few news outlets reported that this order prohibits Wikipedia Zero in Chile.[1]  But after consulting with local advocates, we believe that the SUBTEL order is not clear on that point. Indeed, when Marco Correa of Wikimedia Chile asked this question to Subsecretary Huichalaf via Twitter, Huichalaf responded somewhat ambiguously that there is not a service like Wikipedia Zero in Chile and the order applies to "regulated companies" (presumably not Wikipedia Zero).[2]

I wanted to let you know that we are preparing a letter to SUBTEL together with Wikimedia Chile to ask SUBTEL to clarify that its order does not prohibit Wikipedia Zero in Chile. Our plan is to submit the letter next week.

I'll share a copy of the letter and continue keeping this list updated. Please let me know if you have any thoughts about this.

Best, 

Yana

[1] Quartz (http://qz.com/215064/when-net-neutrality-backfires-chile-just-killed-free-access-to-wikipedia-and-facebook/); 

TechPresident (http://techpresident.com/news/wegov/25090/face-chile-net-neutrality-v-human-right-facebook-wikipedia); 

Pando (http://pando.com/2014/05/30/chile-should-be-commended-for-taking-away-facebook-and-wikipedia/); 

TechDirt (https://www.techdirt.com/articles/20140603/05442127439/chile-bans-free-delivery-social-media-services-to-uphold-net-neutrality.shtml).

[2] https://twitter.com/huichalaf/status/473310511711682560

--

Yana Welinder

Legal Counsel
Wikimedia Foundation
415.839.6885 ext. 6867

@yanatweets

NOTICE: As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer.