Internet Protections Enshrined In Brazil's Marco Civil Framework Under Threat From New Laws

from the this-is-why-we-can't-have-nice-things dept

A couple of years ago, Techdirt wrote about Brazil’s Marco Civil — variously called a “constitution for the Internet,” and a “Magna Carta for the Web.” Whatever you want to call it, the Marco Civil was a heartening example of the rights of Internet users being strengthened for a change. In June 2015, one year after it passed, an article on the Council on Foreign Relations site noted its wide-ranging impact:

The Marco Civil has been instrumental in curbing the power of the Brazilian government from having undue influence over the net and its content. The law prevents the government from taking down or regulating content, or exercising any pressure on online platforms (e.g. the Twitters and YouTubes of the world) or Internet service providers. Only the courts, by means of due process, and limited by clear legal thresholds, can actually take action regarding online content when it infringes on other rights.

Of course, this was too good to last. As Andrew McLaughlin explains on Medium, the Marco Civil is in danger:

Amid the tumult and chaos of Brazil’s current (and colossal) political crisis, the moment of counter-attack has arrived. Under the guise of fighting “cybercrime”, a group of Brazilian legislators, acting via a Parliamentary Commission of Inquiry, has introduced 8 bills that, to state it directly, would give the Brazilian government sweeping powers to censor and control the Internet.

The EFF has a summary of what those bills propose:

Allowing police warrantless access to IP addresses;

Requiring sites and apps to monitor content to prevent new sharing of materials already deemed offensive by court decision;

Criminalizing improper computer system access that presents a “risk of misuse or disclosure” of data, even if no actual misuse or disclosure occurs — broad and vague terms that also apply to actions with no criminal intent, jeopardizing legitimate security research that might never be done if obtaining prior permission were a legal requirement;

Allowing judges, in direct violation of net neutrality rules, to block sites and applications that are used for criminal purposes or that don’t comply with demands for user information.

Clearly, if these bills pass in their present form, they will nullify many of the safeguards found in the Marco Civil. The key vote is expected to take place on April 27, and the EFF has a page where you can ask Brazilian lawmakers to reject the proposals. There is also a joint statement to the Brazilian congress, which companies active in the country are invited to sign.

Follow me @glynmoody on Twitter or identi.ca, and +glynmoody on Google+

Filed Under: , , , ,

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Internet Protections Enshrined In Brazil's Marco Civil Framework Under Threat From New Laws”

Subscribe: RSS Leave a comment
2 Comments
Ninjasays:

The current situation is quite troubling from various points of view. The current president is no saint but the venue chosen to impeach her is just a soft coup d’etat as virtually all presidents since the end of the military government have done it without any punishment. In that area, the worst that can be said about her is that she is an incredibly incompetent administrator and politician. The venue I believe to be the most legitimate to take her out of her position is via TSE (Superior Electoral Court I’d translate to) because of violations in the electoral campaign. Not that the other parties are not guilty of it too but at least the court hasn’t found any damning evidence for previous presidents. Getting her out serves a double purpose: the main one will probably be to pull the plug in the investigative efforts of the police and the other is to take the power. Even with the current president still on the job the vice is already articulating and the worst groups are trying to pass legislation that fits their own interests along with demanding the vice president to do their bidding when he takes over (it seems inevitable now).

It’s pretty much like using terrorism to pass awful laws. Terrorism is the distraction. The trash in the politics here are taking the opportunity by generating chaos. And the Government along with the financial crisis gave them pretty much the ammunition they needed to generate the chaos.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Techdirt Deals
Report this ad??|??Hide Techdirt ads
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...
Older Stuff
12:25 Australian Privacy Commissioner Says 7-Eleven Broke Privacy Laws By Scanning Customers' Faces At Survey Kiosks (6)
10:50 Missouri Governor Doubles Down On 'View Source' Hacking Claim; PAC Now Fundraising Over This Bizarrely Stupid Claim (45)
10:45 Daily Deal: The All-in-One Microsoft, Cybersecurity, And Python Exam Prep Training Bundle (0)
09:43 Want To Understand Why U.S. Broadband Sucks? Look At Frontier Communications In Wisconsin, West Virginia (8)
05:36 Massachusetts College Decides Criticizing The Chinese Government Is Hate Speech, Suspends Conservative Student Group (71)
19:57 Le Tigre Sues Barry Mann To Stop Copyright Threats Over Song, Lights Barry Mann On Fire As Well (21)
16:07 Court Says City Of Baltimore's 'Heckler's Veto' Of An Anti-Catholic Rally Violates The First Amendment (15)
13:37 Two Years Later, Judge Finally Realizes That A CDN Provider Is Not Liable For Copyright Infringement On Websites (21)
12:19 Chicago Court Gets Its Prior Restraint On, Tells Police Union Head To STFU About City's Vaccine Mandate (158)
10:55 Verizon 'Visible' Wireless Accounts Hacked, Exploited To Buy New iPhones (8)
10:50 Daily Deal: The MacOS 11 Course (0)
07:55 Suing Social Media Sites Over Acts Of Terrorism Continues To Be A Losing Bet, As 11th Circuit Dumps Another Flawed Lawsuit (11)
02:51 Trump Announces His Own Social Network, 'Truth Social,' Which Says It Can Kick Off Users For Any Reason (And Already Is) (100)
19:51 Facebook AI Moderation Continues To Suck Because Moderation At Scale Is Impossible (26)
16:12 Content Moderation Case Studies: Snapchat Disables GIPHY Integration After Racist 'Sticker' Is Discovered (2018) (11)
13:54 Arlo Makes Live Customer Service A Luxury Option (8)
12:05 Delta Proudly Announces Its Participation In The DHS's Expanded Biometric Collection Program (5)
11:03 LinkedIn (Mostly) Exits China, Citing Escalating Demands For Censorship (14)
10:57 Daily Deal: The Python, Git, And YAML Bundle (0)
09:37 British Telecom Wants Netflix To Pay A Tax Simply Because Squid Game Is Popular (32)
06:41 Report: Client-Side Scanning Is An Insecure Nightmare Just Waiting To Be Exploited By Governments (35)
20:38 MLB In Talks To Offer Streaming For All Teams' Home Games In-Market Even Without A Cable Subscription (10)
15:55 Appeals Court Says Couple's Lawsuit Over Bogus Vehicle Forfeiture Can Continue (15)
13:30 Techdirt Podcast Episode 301: Scarcity, Abundance & NFTs (0)
12:03 Hollywood Is Betting On Filtering Mandates, But Working Copyright Algorithms Simply Don't Exist (66)
10:45 Introducing The Techdirt Insider Discord (4)
10:40 Daily Deal: The Dynamic 2021 DevOps Training Bundle (0)
09:29 Criminalizing Teens' Google Searches Is Just How The UK's Anti-Cybercrime Programs Roll (19)
06:29 Canon Sued For Disabling Printer Scanners When Devices Run Out Of Ink (41)
20:51 Copyright Law Discriminating Against The Blind Finally Struck Down By Court In South Africa (7)
More arrow