[bestbits] The Guadalajara Manifesto for Internet Rights and Governance in Brazil

[Marilia Maciel]

Dear all,

This initiative is absolutely important and the threats to digital rights
in the Brazilian scenario are real. As a Brazilian, I fully support the
initiative and also join colleagues in asking for international support in
this crucial moment for the country.

Best wishes,
Marilia

On Thu, Dec 8, 2016 at 9:53 AM, <rafaelzanatta at usp.br> wrote:

> Dear all,
>
> As you might know, the Brazilian political landscape is chaotic. The
> Congress and the federal government are putting into risk our framework for
> Internet governance. Marco Civil is under attack and deregulation is under
> way in Telecom sector.
>
> The Coalition Direitos na Rede <https://direitosnarede.org.br/> wrote a
> manifesto in Guadalajara about the Brazilian scenario and we are asking
> activists and organizations to support us, if they agree with what we're
> claiming. Many bad things are happening and we need people from all over
> the world reacting against this.
>
> Please, can you read it and send the link of the Manifesto to your network
> of activists in digital rights?
>
> https://direitosnarede.org.br/c/guadalajara-manifesto/
>
> Today, at 2h40pm, we will host a lightning session at the IGF to present
> the Coalition
> <https://igf2016.sched.com/event/90xt/lightning-session-internet-civil-societys-tools-to-monitor-the-parliament>.
> Come see us and we will explain the content of the manifesto, asking for
> support of the international community. We really need this kind of support
> to pressure the law-makers and the government!
>
> The deadline to sign the manifesto is Friday at 2pm and you can do so by
> answering this email or by talking to any member of the Coalition!
>
> Best,
>
> Rafael Zanatta
>
>
>
>
> *Coalizão Direitos na Rede****The Guadalajara Manifesto For Internet
> Rights and Governance in Brazil
>
> We, as representatives of civil society organizations from all over the
> world present at the 11th Internet Governance Forum in Guadalajara, Mexico,
> come together to declare our concern about the policy changes related to
> access, governance and use of the Internet that are taking place in Brazil
> this year.
>
>
> Since 2012, Brazil has been a key participant in the IGF, pushing for more
> participation and the protection of human rights in the digital
> environment. It is regrettable that, in the IGF 2016, Brazilian government
> participation is rather restricted. The country that has been an example is
> now at risk of weakening its most valuable institutions dedicated to
> Internet Governance: the Brazilian Internet Steering Committee (CGI.br) and
> Marco Civil da Internet.
>
>
> The Brazilian Civil Rights Framework for the Internet - “Marco Civil da
> Internet” (MCI), a Law enacted in 2014, was a result of a long and
> democratic participatory process that had as its goal the creation of
> fundamental rights for the use of the Internet. The Law focused on the
> democratization of Internet access, universalization, net neutrality,
> freedom of expression, protection of personal data and privacy. It was
> based on the Decalogue Principles enacted by CGI.br in 2009, in a context
> of multistakeholder governance.
>
>
> Due to the recent political changes in the country, the Internet as we
> know it is now at risk. The current government has started in a
> questionable power transition and has been refractory to democratic debate,
> supporting a conservative body of Congress representatives that since long
> is working against the protection of fundamental rights on the internet.
> Now, the Congress is about to pass a law that will represent a serious
> backlash in telecommunications policies that imply the loss of sovereignty
> over telecommunications networks, compromising the purpose set by MCI of
> universal access and digital inclusion.
>
>
> In addition, the Federal Government has announced that it will not develop
> policies for broadband Internet access and that “the market should promote
> expansion on its own”. Such new development paradigm goes against the
> current legal and regulatory framework in the country, which recognizes the
> key role of the State in achieving universalization and democratization of
> access and knowledge.
>
>
> In this context, the government, together with National Telecommunications
> Agency, has been permissive regarding commercial discriminatory practices,
> such as allowing for new plans with data caps to be offered, as well as
> anticompetitive deals between large ISPs and large online platforms.
>
>
> Since 2015, over two hundred bills proposing changes to the MCI have been
> presented. Many of them weaken fundamental principles and rights such as
> net neutrality, non-liability for Internet providers, personal data
> protection, privacy and freedom of expression. Behind these proposed
> amendments to the law, we have the heavy lobbying by conservative and
> authoritarian political forces as well as industries with private interests
> that go against the public ones.
>
>
> Now, in 2016, we have witnessed political actions by the Executive branch
> that threaten multistakeholder governance, more specifically the Brazilian
> Internet Steering Committee (CGI). Government representatives have openly
> declared that they intend to review the strength of the civil society
> representativeness and participation in the committee.
>
>
> We have also seen judicial decisions that determine the takedown of
> applications such as WhatsApp, when the company is unable to provide data
> and content about investigated persons by the police or investigation
> authorities due to the use of cryptography. Several lawsuits related to
> such takedowns are now pending before the Brazilian Supreme Court.
>
>
> We are aware that the award-winning Brazilian coalition called “Direitos
> na Rede” is fighting all these policy, legal and regulatory and
> legalchanges that threaten civil rights hardly acquired over the course of
> several years. We recognize the need to make these backlashes globally
> known and declare our support to the coalition.
>
>
> We also urge the Brazilian Government to take immediate measures against
> these limitations of Internet rights and principles and continues to foster
> a vibrant Internet ecosystem, where digital inclusion, human rights and
> democratic governance are priorities.
>
>
> Guadalajara, December 5th 2016.
>
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-- 

*Marília Maciel*
Digital Policy Senior Researcher, DiploFoundation

WMO Building *|* 7bis, Avenue de la Paix *| *1211 Geneva - Switzerland
*Tel *+41 (0) 22 9073632 *| *
*Email*: *MariliaM at diplomacy.edu <mariliam at diplomacy.edu>* *|** Twitter: *
*@MariliaM*
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