[governance] Mistaken interpretation of Marco Civil re net neutrality

[Analia Aspis]

Dear Carlos,

Thanks for your message. I am willing to re-watch the panel. Do you have by
chance the web link?

Kind regards for Argentina,
Analía Aspis


On Thu, Sep 4, 2014 at 4:41 AM, Carlos A. Afonso <ca at cafonso.ca> wrote:

> [Sorry for possible duplications]
>
> Dear people,
>
> In the main session on net neutrality yesterday afternoon (3/sept), we
> have heard some wrong interpretations of the Civil Rights Framework for the
> Internet in Brazil (known as "Marco Civil"), a charter of principles which
> is now a law in Brazil, in effect since June 23rd (60 days after
> publication in the Official Daily). These mistaken interpretations
> basically said that the entire net neutrality framework is to be decided by
> the president of Brazil.
>
> Article 9 of Marco Civil, dealing with net neutrality, is quite clear, and
> I request you to read (or re-read) it below. The only two instances in
> which further regulation may be required (and this only after consulting
> with CGI.br and the telco regulator) are specified in para 2 and refer to
> prioritization of emergency services and technical requirements essential
> for the adequate provision of services and applications, and these cannot
> violate paras 2 and 3 of article 9.
>
> I would appreciate if you could circulate this message among your peers
> who may have similar doubts. I noticed this seems to be a confusion which
> spread among some Latin Americans in the IGF and has been expressed in
> other meetings here at the IGF, which I find extremely curious.
>
> fraternal regards
>
> --c.a.
>
> =======================
>
> Article 9. The agent in charge of transmission, switching or routing is
> obliged to treat any data package with isonomy, regardless of content,
> origin and destination, service, terminal or application.
>
> § 1st Discrimination or degradation of traffic will be regulated in
> accordance to the private assignments of the President of the Republic
> provided in item IV of the Article 84 of the Constitution, to the faithful
> implementation of this Law, being heard the Internet Steering Committee
> (CGI.br) and the National Agency of Telecommunications (Anatel), and may
> only arise from:
>
> I – technical requirements essential for the adequate provision of
> services and applications; and
>
> II – emergency services prioritization.
>
> § 2nd In the event of discrimination or degradation of traffic referred to
> in paragraph 1, the aforementioned agent must:
>
> I – refrain from causing damage to users, as regarded in article 927 of
> the Civil Code;
>
> II – act with proportionality, transparency and equality;
>
> III – inform the users in advance in a transparent, clear and sufficiently
> descriptive manner to its the management practices and traffic mitigation
> adopted, including those related to network security; and
>
> IV – provide services on non-discriminatory commercial conditions and
> refrain from practicing anticompetitive practices.
>
> § 3rd In the provision of Internet connection, onerous or for free, as
> well as in the transmission, switching or routing, it is forbidden to
> block, monitor, filter or analyse the contents of data packets, respected
> the provisions of this article.
>
>
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