TECHNOLOGY AND GOVERNANCE

THESIS

It is undeniable that today, the Internet is the most used communication channel and
through which countless operations of all kinds are carried out. The use of new
technologies has been revolutionizing society for some years, the analog world was
displaced by the digital world, used in various services in both the public and private
sectors, which have contributed to the progress and development of commerce,
education and culture.

SUPPORTING IDEAS

Coll & Moreno (2008) emphasize that:

the subject is constructed according to the object of its activity and the artifacts
that mediate it. We can thus understand technological changes as
transformations of the artifacts that mediate the activity they provoke and, in
turn, are influenced by the transformations in the subjects and objects of said
activity (p. 55).

Bernadí Gil (2005), states that the use of TICs is occurring on a global scale and it is up
to this level where equal difficulties are found from technological progress, such as the
education of the inhabitants in new techniques, the fight against causes of possible
social exclusion, cybercrime, the security of electronic transactions, the protection of
rights to privacy, intellectual property, honor, etc. (p. 6).

In this sense, Governments have sought to control the content that is transmitted over
the network, the activities carried out on it, as well as assigning domain names
depending on where it comes from, however, the development of TIC largely comes
from private domains with private standards that, although it does not completely
replace the intervention of the State, there is a restriction on the action of the normative
public authority.

It can be deduced that there is a TIC right or an electronic right and in terms of law
there could be a problem due to the fact of not having physical borders in which users
interact regardless of their location, so self-regulation has been indispensable in
governments that use new technologies in their daily work, in this regard, Rodotá
(2004) states that,

the non-destructive influence of scientific and technological innovation on law

can be further highlighted if one considers, from another point of view, the fact
that that innovation has not only opened up for normative intervention areas
from which it was previously excluded, but has also modified internal dynamics
of the legal system (p. 6).

According to Ramírez Alujas (2011) the E-Government or electronic government, refers

to the use of the internet and Information and Communication Technologies (TIC's) to
achieve a better administration of government through transparency and public access to
information, reinforcing the fundamental partnership between the public sector and
citizens. This is a policy that encourages broader participation of citizens in the process
of managing governments (pp. 99).

The approach of TIC in the public sector, it could be said that it has to do with a real
efficiency in the provision of services that manages to produce and reproduce different
activities of great importance with ease, immediate access and in the shortest possible
time, as well as access to public information since a transparent government provides
information on what it is doing, promotes the right of participation and undertakes to
work together to solve problems, therefore, the State cannot depart from its obligation to
have the necessary resources to comply with its obligations to citizens.
Matching the above with the hypothesis put forward by Bernadí Gil (2005) on the
principle of "proximity to the citizen", the criterion of physical or geographical
proximity is progressively replaced by the criterion of telematic or informative
proximity. When you are in front of an electronic device it is clear that there is no
administration closer than another, all are equally close to us and if there is a feeling of
distance with a certain administration it is because of the impossibility of connecting
with it at the same speed or efficiency as with others. Geographical proximity and
telematic proximity do not necessarily have to coincide, in this scenario, citizens living
in less developed areas may end up considering them closer to the State administration
(p. 11).

Consequently, Administrative Law must comply with its reason for existence, which is
the balance between the State and citizens, through regulations that meet the present
needs of people and if TICs open doors that allow to comply, to a greater extent, with
the guarantees, fundamental rights and procedural principles established in the rules, it
is a vitally important instrument in the provision of services.

In Ecuador, since the entry into force of the Law on Electronic Commerce, Electronic
Signatures and Data Messages (2002), legal provisions have been developed, which aim
to open up and give legal validity to the use of electronic commerce as an alternative
prone to change and direct participation in regional and global scenarios.

So that electronic government in Ecuador uses TICs in public administrations,

interacting public officials, internet, electrical and electronic means, and citizens, being
able to carry out the same transactions, carried out personally, electronically such as
shift generation, online payments, electronic invoicing, downloading, filling out,
registering and sending petition forms that will be given attention through notifications
to email accounts registered by citizens.
General Reference

Bernadí Gil, X. (2005). Derecho Público y Administración Electrónica: una Visión Panorámica.
Nuevas Políticas Públicas: Anuario multidisciplinar para la modernización de las
Administraciones Públicas, 211-241.
Coll, C., & Moreno, C. (2008). Psicología de la educación virtual: Aprender y Enseñar con las
tecnologías de la información y comunicación. Madrid: Morata.
Ramírez Alujas, Á. (2011). Gobierno abierto y modernización de la gestión pública. Tendencias
actuales y el (inevitable) camino que viene. Reflexiones seminales. Revista Enfoques:
Ciencia Política y Administración Pública (Chile), 99-125.
Rodotá, S. (2004). Derecho, ciencia, tecnología. Modelos y decisiones de regulación . Derecho
PUCP: Revista de la Facultad de Derecho, 105-121.
Normative Reference
Asamblea Nacional. (17 de abril de 2002). FIEL WEB. Obtenido de Ley de Comercio
Electrónico, Firmas Electrónicas y Mensajes de Datos.