[governance] FW: [NETmundial] Copy of Brazilian Internet Bill of Rights

Wed May 7 07:58:49 EDT 2014

English version of Marco Civil (attached).

Thanks to Carolina Rossini who worked on the translation.

Best!

                Vlada

From: Secretariat [mailto:secretariat at netmundial.br] 
Sent: 06 May 2014 23:34
To: vladar at diplomacy.edu
Subject: [NETmundial] Copy of Brazilian Internet Bill of Rights

Dear participants of NETmundial,

As mentioned during our meeting in Sao Paulo, we are providing you a copy of
the Brazilian recently approved Bill of Internet Rights (Marco Civil da
Internet), with a free translation of the original text into English. 

This is the final result of the reaction from Brazilian society to a growing
trend within the National Parliament: the adoption of criminal laws for
coping with illicit activities on the Internet. Marco Civil was drafted
on-line and off-line after two years (2009-2011) of open, plural, and
democratic public consultations in full conformity with the multistakeholder
model to serve as a chart of rights and duties of Internet users and all
other stakeholders involved. From 2011 to 2014, the document was fiercely
discussed within the National Parliament. In 2014, the two houses of the
Parliament formally approved the Bill, which was sanctioned by President
Dilma Rousseff at the opening ceremony of NETmundial. 

Marco Civil reiterates the principles comprised in the Decalogue; it states
fundamental rights and duties of all of the stakeholders (including by
stating normative horizons to be pursued by the Brazilian government); it
operationalizes the net neutrality principle and rules related to third
party liability, as well as to the protection of privacy and personal data
and communications, including formal and institutional limitations to access
to data and metadata by public and private actors. 

Also, Internet governance in Brazil counts on a full-fledged
multistakeholder model institutionalized around a Steering Committee
(CGI.br) comprised of representatives from the government, the private
sector, civil society, and from the academic and technical communities. 

 For almost two decades, CGI.br has served the Brazilian society as the
focal point for the development of technical and policy orientations related
to the use and the development of the Internet in the country. One of its
most cherished accomplishments so far is the "Decalogue", a list of ten
fundamental principles for Internet governance that has been carefully
crafted after two years of intense work and was consensually approved by all
the Committee Members (CGI.br/RES/2009/003/P). 

The Decalogue is rooted in the protection and promotion of freedom of
expression, privacy, and other human rights as the foundation for a just and
democratic society. Accordingly, it declares that universal access to the
Internet should be promoted as the linchpin of human development and social
equality. It also declares that Internet governance should be democratic and
collaborative, with the participation of all sectors of society and should
be oriented for the promotion of diversity and innovation, as well as for
the maintenance of the openness, the interoperable character, and the
security and stability of the network, which led to an express provision
recognizing the non liability of intermediaries for the actions of end
users. One of the central tenets of the Decalogue is net neutrality, which
becomes formally recognized as a fundamental pillar of the Internet. All of
those principles form the benchmark for any legal or regulatory framework to
be enacted in Brazil.  

According to Marco Civil's text, CGI.br must be heard before the government
makes any regulation or takes any decision on net neutrality. Therefore, not
only Anatel, the country's telecommunications agency, will be heard, but
also CGI.br. 

In sum, Marco Civil embodies the ethos of Internet governance in Brazil and
highlights the importance of the Decalogue and the multi-stakeholder
approach entailed by the work of CGI.br. 

Deputy Alessandro Molon, who was Marco Civil's rapporteur, will be happy to
answer questions that you may have about the law. Hartmut Glaser, from
Steering Committee (CGI.br), will also gladly answer questions about the
committee. Please e-mail us at  <mailto:molon at molon.com.br>
molon at molon.com.br and/or  <mailto:glaser at cgi.br> glaser at cgi.br

-- 
Best Regards,

NETmundial
Executive Secretariat
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