[governance] Mistaken interpretation of Marco Civil re net neutrality

[Carlos A. Afonso]

Analia, transcripts and videocasts should be made available by IGF organizers, but mistaken interpretations also circulated widely on social nets.

Frt rgds

--c.a.

sent from a dumbphone

> On 04/09/2014, at 18:09, Analia Aspis <analia.aspis at gmail.com> wrote:
> 
> 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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