[bestbits] News about the brazilian cybercrime bills

[Veridiana Alimonti]

Hi everyone,

just to keep you updated on what happened in the last days and what's
coming this week.

The Inquiry Commission met this past week in the Chamber of Deputies and
after our pressure on social networks, in the press, and in person in
National Congress (handing letters from organizations and meeting with the
rapporteur), the rapporteur decided to make some changes in the Inquiry
Commission report (where the bills are proposed).

The new version of the report wasn't released yet, but he has publicly
commented about some changes, such as the exclusion of the obligation to
application providers withdraw offensive contents to honor within 48 hours
after notification (without a court order). The procedure already provided
in Marco Civil is maintained, but automatic take-down remains in the report
in case of duplication of the content already deemed offensive. He also
agreed to better define the crime of invasion of electronic devices (let's
see the final wording...). As for the access to IP address without a court
order, he will establish some parameters, but it will continue to be
allowed to police. In short, some parts may have improved, but we still
have serious problems.

Also last week, CGI.br published a clarification note criticizing the most
problematic points and stressing the need to extend the commission to
better discuss the report before final approval [
http://www.cgi.br/esclarecimento/clarification-note-regarding-the-report-released-by-the-brazilian-parliamentary-commission-of-inquiry-on-cybercrime/
].

Today came out the decision that the Comission was extended, but the report
can be voted tomorrow (April, 12) afternoon. Since the new version of the
report has not yet been released, maybe we can try to convince the
president of the Commission to postpone the process - it would be even
better, since the impeachment process of the President Dilma Rousseff
should be closed on the Chamber of Deputies on Sunday, 17th. Before that,
it's almost impossible to talk some time with any congressmen. We will try
to talk to her this Monday afternoon, but things are troubled there...

Despite that, it's important stress that the report's approval doesn't mean
that the bills proposes are approved. All of them will have to follow the
regular legislative process after that. Of course, we need to criticize
these texts since now because the proposal that comes from a Inquiry
Commission has much more political strength in National Congress and makes
our life even more difficult in the dispute over these issues later.

Here are some links (in portuguese):

https://antivigilancia.org/pt/2016/04/mudancas-relatorio-cpiciber/

http://www2.camara.leg.br/camaranoticias/noticias/CIENCIA-E-TECNOLOGIA/506618-RELATOR-DA-CPI-DE-CRIMES-CIBERNETICOS-EXCLUI-PONTO-POLEMICO-DO-RELATORIO.html

http://www2.camara.leg.br/atividade-legislativa/comissoes/comissoes-temporarias/parlamentar-de-inquerito/55a-legislatura/cpi-crimes-ciberneticos/documentos/outros-documentos/2a-nota-da-relatoria

I guess that Katitza is preparing an online petition to increase the
pressure on networks also at the international level. It would be great to
have you support - signing and disseminating it!

Best,

Veridiana
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