Marca-Civil-WikipediaCongressional committee demands ISPs censor criticism of politicians. "We need to kill this now," demanded a leading Brazilian Internet Rights activist. "Censorship Never!" proclaimed ITS Rio. There is an emergency session Friday at RightsCon in San Jose. I'm working from early translations by activists since this hasn't been reported in English. The report is 200 pages in Portuguese. I Google translated substantial sections, including part of the index at the end here.   

If you criticize a politician and she complains, the ISP/Internet service must remove all the material without any requirement for review. The original refers to "honor,"

(queatentem contra a honra de maneira acintosa quando, após o recebimento de notificação pelo participante.) No legal ruling is required. If the Google News/Twitter or Facebook posting, Instagram satiric cartoon. etc. is not removed within 48 hours, Google.Twitter ... will be liable for monetary damages.  With thousands of complaints likely to come in, no third party can investigate them all. Any ordinary business will just remove almost everything requested. It's far too costly to do anything else. Nothing in the proposal limits the takedown to Brazil. For example, if I write, "The harsh penalties for violating terms of service and DRM appear

For example, I might write, "The harsh penalties for violating terms of service and DRM appear motivated by the usual; greed of the record and movie companies. They somehow influenced the Brazilian legislators to take extreme action. Was it corruption? I have no proof." That's quite plausible but I wouldn't have included that in my article without more research. It's inviting my reader to read between the lines, however. Does that violate the honor of Deputada Mariana Carvalho? Twitter has no desire to pay a Brazilian lawyer to find out.

If committee chair Mariana Carvalho asked Google + or Twitter to remove that comment, it would take courage for them to refuse. This is clearly opinion and I'm protected under U.S. and most European law. Congressmen are public figures and have a very demanding burden of proof in libel law. 

ITU Rio believes the proposed law would "Send to jail for two years people who simply violate the "terms of use" of a site." The terms of most sites are so long no one reads them and often impossible to understand. We all break those rules. It would assign "responsibility to the federal police for any crime committed using a computer or mobile phone." Question a politician's honor and the feds may ring your doorbell. ISPs would be required to block websites with anything illegal or censored. If Brazil ever had an Ed Snowden, every newspaper in the U.S. or Europe that reported his remarks would be illegal.

One Brazilian believes it will be years before this could pass, Another thinks that the battles in Congress might let it slip through quickly. The opposition is very close to impeaching Dilma and would like to put Lula in jail. The situation is unpredictable. Brazil's internationally admired Marco Civil da Internet could fall with the government that proposed it. 

I met the great Brazilian economist Celso Furtado while he was in exile to save his life after the coup and censored in Brazil.

 

4 - CONCLUSIONS OF THE RAPPORTEUR (DEPUTY Spyridon AMIN) ................ 170

PART III - PROPOSALS AND RECOMMENDATIONS ............................................ .. 180

1 - ACT PROJECTS ............................................. ............................................ 180

1.1 - BILL ESTABLISHING, HOW EFFECT OF DOOM, The

Forfeiture OF INSTRUMENTS felony. ....................................... 180

1.2 - BILL TO CHANGE THE WRITING OF ART. 154-A OF THE DECREE

No. 2848, 1940 DECEMBER 7 TO EXPAND THE SCOPE OF

CRIME OF COMPUTING DEVICE INVASION. .............................................. 184

1.3 - AIMING BILL TO CHANGE THE LAW ON

5,070, OF 7 JULY

1966 TO AUTHORIZE THE USE OF FISTEL RESOURCES FOR BODIES

JUDICIARY POLICE. ...................................................................................................... 189

1.4 - BILL THAT INCLUDES OR crimes against

BY COMPUTER, CONNECTED OR NOT NETWORK, DEVICE

COMMUNICATION OR SYSTEM COMPUTERIZED OR IN TELECOMMUNICATIONS

ROL VIOLATIONS OF INTERSTATE OR INTERNATIONAL IMPACT

REQUIRING REPRESSION UNIFORM .............................................. .......................... 193

1.5 - BILL THAT HAS ON THE PROCEDURE FOR SPECIFIC

The CONTENTS OF WITHDRAWAL that violate HONOR .......................... 196

1.6 - BILL CHANGING THE LAW OF CRIMINAL ORGANIZATIONS, THE LAW

MONEY LAUNDERING AND CIVIL MARCO INTERNET TO APPEAR ON

ROL OF REGISTRATION INFORMATION USERS THE IP ADDRESS ............... 202

1.7 - BILL THAT ENABLES THE APPLICATION OF BLOCKING

INTERNET BY JUDICIAL ORDER. .................................................. ............................. 207

1.8 - BILL ADDING EDUCATION DIGITAL BETWEEN

GUIDELINES OF EDUCATION NATIONAL - PNE ....................................... 210

2 - PROPOSAL FOR SUPERVISION AND CONTROL ........................................... . 214

2.1 - PROPOSES THAT THE COMMISSION ON SCIENCE AND TECHNOLOGY, COMMUNICATION AND

COMPUTERS, Enforce, WITH UNION COURT OF AUDITORS OF THE AID -

TCU, ACCOMPANYING ACTIONS AND CONTROL AGENCY NATIONAL

TELECOMMUNICATIONS - ANATEL ABOUT THE PROPER IMPLEMENTATION AND

PHONES FOR REGISTRATION OF USERS OF USE PREPAID ........ 214

2.2 - PROPOSES THAT THE COMMISSION ON SCIENCE AND TECHNOLOGY, COMMUNICATION AND

COMPUTERS, Enforce, WITH UNION COURT OF AUDITORS OF THE AID -

TCU, ACCOMPANYING ACTIONS AND CONTROL AGENCY NATIONAL

TELECOMMUNICATIONS - ANATEL ABOUT RIGHT OF TICKETING

FOR DATA SERVICES PART OF MOBILE SERVICE PROVIDERS

PESSOAL.......................................................................................................................... 218

3 - INDICAÇÕES.................................................................................................. 223

3.1 - NOTE TO THE EXECUTIVE POWER, SUGGESTING THE ADOPTION OF MEASURES

TO IMPROVE SAFETY TECHNOLOGY INFRASTRUCTURE

 

From ITS Rio, an activist summary of the issues. Be appropriately skeptical but this seems generally accurate to the Google translation of much if the original. 

a) Turning social networks censorship bodies to protect the honor of politicians. If anyone speak ill of a politician in a social network, the social network will be required to remove the content within 48 hours. If not remove, the company will be co-responsible for that content and will have to compensate the offended politician. In other words, social networks will become permanent agent des surveillance and censorship of its users.
 
b) Send to jail for two years people who simply violate the "terms of use" of a site. Entered into a website or application and disregarded any provision that huge document that everyone clicks without even having read: chain for you for two years.
 
c) Divert 10% of the collected Fistel, which aim to improve the quality of telecommunications in Brazil to finance the police. Telecommunications that are already expensive and poor in Brazil will be even worse. The feature is collected to monitor the quality of Internet access, telephony and other services will be diverted to fund the police. Of course, this funding is important. But for that we have paid our taxes. You need not divert essential resources for this.
 
d) Assigning responsibility to the federal police for any crime committed using a computer or mobile phone. In other words, the boy or girl who download a music from the Internet may receive the federal Japanese visit. Someone to write something considered "defamatory" or "libelous" against a politician in social networks may have to explain to the Federal Police. In other words, several million Brazilians who do these activities every day can be watched and even arrested by federal police on suspicion of having committed "crimes by computer use," even if they are low offensive potential crimes.
 
e) require Internet providers to automatically reveal who is behind each IP address on the network, informing the police the name, affiliation and home address of the person without the need for prior judicial order. In other words, everyone will be presumed "guilty" in the Brazilian Internet and can be constantly monitored. If spoke ill of a politician on the Internet, the time you will know their identity and the Federal Police can be triggered against you.
 
f) Establish outright censorship on the Internet. The bill amends the Civil Marco, which prohibits censorship, creating a new article that will "determine the blocking connection providers access to Internet applications for users" to "curb services that are considered illegal." In other words, any site can be brought down the Brazilian Internet. Remember WhatsApp lock? This will be chump change close to what will happen. Any application, website or service may be blocked and censored directly by internet providers and Brazilians will be deprived of access it without any defense, affecting the lives of millions of people.
 

 

 





COMISSÃO PARLAMENTAR DE INQUÉRITO DESTINADA A INVESTIGAR A PRÁTICA DE CRIMES CIBERNÉTICOS E SEUS EFEITOS DELETÉRIOS PERANTE A ECONOMIA E A SOCIEDADE NESTE PAÍS.

The world needs a good news source on Internet and telecom policy. I hope to create one. Catch a mistake? Email me please.  Dave Burstein