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

Latest

Professor Noam's "Many Internets" http://bit.ly/ManyNets

Until about 2010, everyone agreed the Net was a "network of networks," not a monolithic entity. There was a central authority, ICANN, keeping track of domain names, but that was a minor administrative function.
Columbia Professor Noam suggests we might be better off accepting that some nations or groups might want to organize their networks differently. It's easy to see demand for an Internet with much more effective filters against material some think harmful to children. (Any 10 year old can easily find porn today. Many do.)
Internet translation is getting better very quickly. You might want an "Internet" that translates everything into your language. Google Chrome translation isn't perfect but I was able to research most of this story on Russian language sites. With a few more years progress, I might welcome an alternate that brings me everything in English, including caching for better performance.
De facto, Internet news is already split, as hundreds of millions only get their news from Facebook. Google AMP pages, including for news, also favor selected parts of the net
Centralizing the DNS doesn't prevent censorship, as the Chinese have demonstrated. There are many Jewish and Muslim fundamentalists who want to block what they consider blasphemy and limit free speech. See http://www.nytimes.com/2012/05/21/nyregion/ultra-orthodox-jews-hold-rally-on-internet-at-citi-field.html . More from Noam http://bit.ly/ManyNets

Russia Orders Alternate Root Internet System http://bit.ly/RussiaDNS
It's actually practical and not necessarily a problem.The Security Council of the Russian Federation, headed by Vladimir Putin, has ordered the "government to develop an independent internet infrastructure for BRICS nations, which would continue to work in the event of global internet malfunctions ... This system would be used by countries of the BRICS bloc – Brazil, Russia, India, China and South Africa." RT
Columbia University Professor Eli Noam and then ICANN CEO Fadi Chehadé have both said such a system is perfectly practical as long as there is robust interconnection.
Actually, the battle over ICANN and domain names is essentially symbolic. Managing the DNS is a relatively insignificant task, more clerical than governing. ICANN Chair Steve Crocker pointed out they had very little to do with policy.
Some will claim this is about blocking free speech but that's rhetoric. Russia doesn't need to fiddle with the DNS for censorship, as the Chinese have demonstrated. The wonders of the Internet will continue so long as the resulting nets" are robustly connected. The ICANN and U.S. policy goal should be to help create that system for interconnection.
I expect contentions that “The Russians are taking over our Internet” and “They are splitting the Internet.” The Internet is a “Network of Networks.” It is not a monolith so what would “splitting” it mean or do?
After the WCIT, China realized that ICANN and the DNS are side issues not worth bothering about. They have been building alternate institutions including the World Internet Summit in Wuzhan and the BRICs conferences.  The Chinese have put their main work where decisions that matter are made. Wireless standards are set by 3GPP, where nothing can be approved without China's consent.
The American battle at ITU is proving to be a historic mistake.
Why does Russia want an independent Internet?
They fear that Western sanctions on Russia could cripple the Russian Net. Communications minister, Nikolay Nikiforov, worries about, "a scenario where our esteemed partners would suddenly decide to disconnect us from the internet." I think that's highly unlikely but Nikiforov points out, “Recently, Russia is being addressed in a language of unilateral sanctions: first, our credit cards are being cut off; then the European Parliament says that they’ll disconnect us from SWIFT."
It makes sense for the Russians to be prepared for such a contingency as the Cold War has been warming up on both sides. "Britain's top military chief Air Chief Marshal Sir Stuart Peach just made headlines warning Russian subs "could CRIPPLE Britain by cutting undefended undersea internet cables." Much more http://bit.ly/RussiaDNS

ICANN Continues Excluding Russia & China From the Board http://bit.ly/CEOPromises
No wonder Russia wants an alternate root. Three years ago, ICANN CEO Fadi Chehadé promised "a seat at the table" to Chinese Premier Li. ICANN welched and this year added two more Americans.
Almost all the ICANN board is from the U.S. and close allies; only about 4 of the 18 board members are from countries on the other side of the North/South divide in Internet policy.  Claiming ICANN represents the Global Internet is inappropriate. China is 1/3rd of the Internet but has no representation on the board.
I know many of the board members. They are all basically honorable but generally share a strong opinion on North-South issues.
Larry Strickling of the U.S. government knew just what he was doing with the IANA transition. He handed over to a board with similar positions as the U.S. government.
"The system is unsustainable while it excludes half the world," I have been saying since 2012. More, including the transcript of Fadi's statements,http://bit.ly/CEOPromises

Sorry, Ajit Pai: Smaller Telcos Did Not Reduce Investment After NN Ruling http://bit.ly/SorryPai
Pai justifies his NN choice with the claim, "The impact has been particularly serious for smaller Internet service providers." #wrong (Actually, NN has minimal effects on investment, up or down, I’m convinced. Competition, new technology, customer demand and similar are far more important.)
The two largest suppliers to “smaller ISPs” saw sales go up. Adtran's sales the most recent nine months were $540M, up from $473M the year before. 2016 was $636M, 2015 $600M. Calix the last nine months sold $372M, up from $327M. The full year 2016 was $459M, up from $407M in 2015. Clearfield, a supplier of fiber optic gear, was up 8% in sales in the smaller ISPs.
There is nothing in the data from others that suggests an alternate trend. Anyone could have found this data in a few minutes from the company quarterly reports.
The results in larger companies are ambiguous. I can "prove" capex went up or went down by selecting the right data. The four largest companies' capex - two/thirds of the total - went up from $52.7B in 2015 to $55.7B in 2016. The result remains positive after making sensible adjustments for mergers and acquisitions. That's as close to "proving" that NN led to increased spending as the facts chosen to prove the opposite.
Actually, whether capex went up or down in 2016 tells us almost nothing about the choice on neutrality. Everyone knows a single datapoint could be random or due to other causes. Much more, including the source of the errors http://bit.ly/SorryPai

Elders Bearing Witness: Vint, Timbl, & Many More http://bit.ly/VintTim
Vint Cerf, Tim Berners-Lee, Steve Wozniak and more than a dozen true Internet pioneers wrote Congress to protect Neutrality. The best Congress money can buy didn't listen but I wanted to reproduce their letter.
I hope they are wrong believing "is an imminent threat to the Internet we worked so hard to create." My take is the impact will be moderate in the short run.
From the letter:
We are the pioneers and technologists who created and now operate the Internet, and some of the innovators and business people who, like many others, depend on it for our livelihood. ... The FCC’s proposed Order is based on a flawed and factually inaccurate understanding of Internet technology. These flaws and inaccuracies were documented in detail in a 43-page-long joint comment signed by over 200 of the most prominent Internet pioneers and engineers and submitted to the FCC on July 17, 2017.
Despite this comment, the FCC did not correct its misunderstandings, but instead premised the proposed Order on the very technical flaws the comment explained. The technically-incorrect proposed Order ... More, including the full list, http://bit.ly/VintTim