Background on the Cellular Registration Controversy
Since January 9, when mobile service providers were supposed to implement the cellular line registration platform, scandals surrounding its failures and negative impacts have not ceased. The President attributes the responsibility to mobile companies, but the reality is that the measure was poorly designed since it was incorporated into law last year.
Ignoring Expert Warnings
Warnings about the risks of registration came from various specialists, and even from similar precedents in Mexico. However, as usual, Morena ignored them. For the party, there are no legitimate or constructive criticisms; if it’s criticism, it’s opposition and therefore not worth listening to.
Hasty Legislative Implementation
The cellular registration was hastily added to the Telecommunications and Broadcasting Matters Act, with only brief mentions in articles 103 and 164. Nonetheless, there was an unyielding deadline to complete the registration; otherwise, the line would be suspended. The justification for the measure was irrelevant; the priority was to impose a deadline and enforce strict, immediate penalties for non-compliance.
The Proportionality Test in Mexico
For over a decade, Mexico has adopted the so-called “proportionality test.” This legal tool allows evaluating if a state measure is constitutional by contrasting the impact on citizens’ rights against the legal benefits for society. The goal is to determine if harm is proportional to advantages.
To apply the test, four questions are formulated in a predetermined order. If the answer to the first question is positive, one can proceed to the second question; otherwise, no further questions are answered, and the measure is considered unconstitutional.
Applying the Proportionality Test to Cellular Registration
If we apply the test to cellular registration, we must first ask if its creation pursues a constitutionally valid purpose. This question is difficult to answer, as the brief mentions of registration in the Telecommunications and Broadcasting Matters Act never clarify its purpose. The measure was not even legally justified initially, so it would fail the first hurdle of the test.
Assuming a valid purpose, the next question would be if the measure is suitable for achieving it—that is, if registering mobile lines will effectively reduce illicit use of communication technologies. Since the implementation of PANAUT was attempted, there has been widespread questioning about the registration’s effectiveness in combating crimes. It is unlikely that a criminal would register their phone for planned offenses.
Unintended Consequences and Failure of the Proportionality Test
Despite these concerns, on January 9, the registration’s activation sparked the birth and exponential growth of a black market offering pre-registered chips within two weeks. This market now provides both genuine (third-party) and fake documents, essentially promoting identity theft to evade data delivery.
The cellular registration not only failed to reduce illicit technology use but successfully expanded these opportunities exponentially. The proportionality test has been epicently failed, and the registration is unconstitutional.
Key Questions and Answers
- Q: What is the controversy surrounding cellular registration in Mexico? A: The cellular registration, implemented on January 9, has faced numerous scandals and negative impacts. Critics argue that the measure was poorly designed, with warnings from specialists and similar precedents in Mexico being ignored.
- Q: How was the cellular registration implemented? A: The registration was hastily added to the Telecommunications and Broadcasting Matters Act with brief mentions in articles 103 and 164. An unyielding deadline was imposed, with strict penalties for non-compliance.
- Q: What is the proportionality test in Mexico? A: The proportionality test is a legal tool used to evaluate if a state measure is constituted by contrasting its impact on citizens’ rights against the legal benefits for society.
- Q: How did the cellular registration fare under the proportionality test? A: The cellular registration failed the proportionality test, as it did not achieve its purported purpose of reducing illicit technology use. Instead, it inadvertently expanded these opportunities exponentially through the growth of a black market for pre-registered chips.
