[governance] NEW - English Version of Brazilian Marco Civil Bill

Suresh Ramasubramanian suresh at hserus.net
Wed Nov 13 19:08:57 EST 2013


Carolina, thank you for the detailed translation of the latest Marco Civil draft.  I was wondering where I would find one of these, with my only knowledge of portuguese being "Oi, Tudo Bem" and "Uma cerveja, por favor" :)

On a more serious note, I am glad to see security mentioned in the preamble of the bill (point V - "ensuring stability, security and network functionality [...] best practices" - but there is very little treatment of this elsewhere in the bill.

And speaking as a security practitioner in my day job, some of the elements of the bill - on log retention - may in fact conflict with best security practice, where a lack of logging may actually be counterproductive to early detection and mitigation of DoS attacks, spam and malware.  I would have been more comfortable if an explicit provision was made for this as an allowed use case - though to be sure the spirit of Marco Civil does have this in mind, looking at point V from the preamble.

Additionally, I am sure you are aware that Brazil has a large number of email marketers who don't follow industry best practices on spam, and tend to gather email addresses indiscriminately, without any effort to only send marketing email to their customers / subscribers where there is an "optin" relationship, and even unsubscribe requests tend to be ignored for one reason or the other.   

This is in addition to a rather large local e-crime (banking malware, DDoS etc) problem, with local actors targeting brazilian citizens and financial institutions as much as they do the rest of the world.   To be sure cert-br and cgi.br have been very proactive in this matter so far, but  the problem is massive and needs local engagement with the relevant stakeholders from ISPs and from the email marketing industry, as well as outreach through civil society and other stakeholders to facilitate public awareness and education in this area.

I would be thankful to you if you could put me in touch with whoever you see as relevant stakeholders from civil society and the technical / ISP community in Brazil who would be interested in ensuring that the security and stability of the internet, and the safety and privacy against spam / malware [etc] of internet users, is maintained and furthered.   

thanks
--srs (iPad)

> On 14-Nov-2013, at 3:57, Carolina Rossini <carolina.rossini at gmail.com> wrote:
> 
> Dear all, 
> 
> *** sorry for cross-posting ***
> 
> during the past few days I used some hours translating the new version of  the Marco Civil made public last week. 
> 
> This version has receive great support of the Brazilian civil society and has also gather great (but not yet enough) support from legislators. 
> 
> Please, find it attached. The first column was the initial public text, the second one IS THE NEW OFFICIAL version and the third one its translation. The text in yellow are some of the core changes...however, they do not mirror what was deleted. 
> 
> Best,
> 
> C
> 
> -- 
> Carolina Rossini 
> Project Director, Latin America Resource Center
> Open Technology Institute
> New America Foundation
> //
> http://carolinarossini.net/
> + 1 6176979389
> *carolina.rossini at gmail.com*
> skype: carolrossini
> @carolinarossini
> 
> <MC_Eng_CR_Nov_13_2013.docx>
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