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This is a chat with Carlos Souza, vice-coordinator of the Center for Technology and Society of the Getulio Vargas Foundation in Rio de Janeiro.
The center was instrumental in designing and discussing the Civil Rights Framework for the Internet in Brazil.
Carlos, could you give us a short description of the Civil Rights Regulatory Framework for the Internet in Brazil?
The premise of the framework is that we should have a law in Brazil that dealt with rights and freedoms on the internet
before having laws criminalizing behaviors on the network.
The framework deals with many issues: privacy, freedom of expression, civil liability, network neutrality, the role of government...
Just to be clear, because some people see contradiction between Internet freedom and regulation:
the framework is a regulation to ensure Internet freedom.
What is the current status of the Civil Rights Framework for the Internet in Brazil?
In the second half of 2012, there were several attempts of voting the framework
in the National Congress but, due to a lack of agreement, the framework ended up not being voted.
What prevented the decision on the Civil Rights Framework?
We can mention two reasons.
First: net neutrality.
After all, net neutrality tries to preserve the Internet experience.
It tries to avoid the formation of classes of internet users.
It tries to avoid that one be deprived of the full Internet experience for not having sufficient economic wealth.
Who opposes to this principle?
Telecoms would like to offer different internet combos with differences other than speed.
And I think it is important to make it clear:
the framework does not forbid different internet combos with different internet speeds.
The net neutrality principle prohibits the sale of a very cheap but limited combo…
like one with e-mail and browsing but devoid of video in order to save network traffic.
A second controversial issue that prevented any decision on the framework
was the issue of liability on the Internet.
Who will be liable for any damage caused online?
Moral damage, damage to the honor, image damage, damage to the privacy...
Would it be the user that commented or uploaded a controversial picture or video... or would it be also the Internet provider?
The framework, in the article 15, says: “the provider shall be liable
only if it disobeys a court order to remove that content from the Internet.”
Who opposes to that article?
Let’s illustrate with an example: there is an online content that infringes copyright law.
Would the content's owners be obliged to obtain a court order to remove that content?
In negotiations in Brazilian Congress, a new section was added to the article of the framework related to civil liability. It reads:
“This article does not apply to copyright issues.”
Who is interested in that added section?
Companies that produce media content. They don’t want to debate this issue in the context of the Civil Rights Framework
but in the context of the reform of the copyright law.
Is this added section the best solution?
I don’t think so.
However, thinking pragmatically, there are two strong oppositions to the Civil Rights Framework.
On the one hand, the (anti) net neutrality lobby. On the other, the copyright lobby.
Removing the copyright issues from the Civil Rights Framework
makes the imbroglio about net neutrality the only thing
that prevents a final decision on the framework.
In your opinion, what is the future of the Civil Rights Frameworks? Will it be approved in 2013?
In 2013, there will be no elections.
The 2012 elections disrupted this past year’s proceedings on the bill.
A good scenario for 2013 would be: the discussion about net neutrality in the Civil Rights Framework,
the debate about a privacy and personal data law,
the discussion about consumer relations and, hopefully,
a comprehensive debate about copyright including copyright on the Web.
Great! This was a chat with Carlos Souza on the Civil Rights Framework for Internet in Brazil.
Thank you, Carlos! I will invite you to a coffee next time you come to Cambridge.
It will be a pleasure, especially if it is not winter.
See you!
See you!