'Spy Law': Keys to the reform that allows surveillance without warrant

Congress, with a Morena majority, has approved a controversial security reform, dubbed the "Spy Law," which allows authorities to access citizens' private data without a prior court order, sparking a heated debate about privacy and authoritarianism.

A profound political and social controversy has erupted in Mexico following the approval of a package of reforms to security and telecommunications laws, promoted by the ruling Morena party. The legislation, quickly dubbed the "Spy Law" by the opposition and activists, has sparked accusations that the government is seeking to establish a system of mass surveillance and consolidate an authoritarian model.

The core of the controversy lies in the fact that the reform empowers authorities, such as the National Intelligence Center (CNI), to access private information about telephone and digital service users without requiring a court order to collect said data.

Information that may be accessible includes:

• Real-time geographic location.
• Call and message logs.
• Biometric data (fingerprints, facial recognition) that users provide to companies.
• Internet browsing metadata.

The government and its legislators defend the reform as an indispensable tool for national security. President Claudia Sheinbaum has denied that it is a "spy law," asserting that it is a "law of security and support for the population." The official argument is that it will allow tracking of criminals who use anonymous phone numbers to commit crimes such as kidnapping and extortion. They insist that surveillance of a specific person will still require judicial authorization.

On the other hand, the opposition, along with human rights organizations such as Article 19, denounces the law as a serious threat to civil liberties. They argue that, while a warrant is required to use data against someone, the law allows for the massive and indiscriminate collection of all citizens' information, creating an unprecedented centralized surveillance database.

"It's completely false... For a person to be geolocated, or for a person to have their private networks tapped, judicial authorization is required." – Ricardo Monreal, Morena Coordinator in the Chamber of Deputies.

This legislative battle is shaping up to be one of the first major tests for President Sheinbaum's administration. How her government handles the criticism and fear generated by this law will largely define its stance on democratic checks and balances and fundamental rights. For its detractors, the "Spy Law" and the so-called "Censorship Law" are confirmation of an "authoritarian streak" that seeks to consolidate power through control and fear.