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Civil Rights framework for Internet use: Brazil at the peak of Internet regulation as warrantor of rights

Document Citado por Related
Vincent
AutorMarina Pita
Páginas88-91

Page 88

See note 37

The last two years will be remembered in the history of the internet as those when disputes over its future surfaced. This comes as no surprise, since these are the years that preceded the maturity of the World Wide Web: in 2014 we celebrate its 25th anniversary.

Although the internet was born and grew faster in North America, it seems that South American countries are the most enthusiastic to defend principles to keep it at the same path during its adulthood". Brazil, in particular, continues at a prominent position with the approval in April of the Law 12.965 – the Civil Rights Framework for Internet Use.

The World Conference on International Telecommunications (WCIT), in December 2012, raised the controversy over who should regulate the network. And, at that time, the director of the UN agency pointed out the lack of balance between the investment made by companies operating mostly in the infrastructure layer, Internet Service Providers (ISPs) and companies that proit from it, the so-called over-the-top companies. As a word to the wise, it was clear that there was an opening to think of a model in which large online Internet platforms and content producers had to pay for network users to reach them. This decision would severely affect the potential of the Internet to make knowledge, freedom of expression and innovation more democratic.

From that point forward, the debate on the need to maintain the principle of network neutrality increased rapidly and, in Brazil, it was combined to the effort that many civil society organizations and hacktivists have been already making to prevent the creation of internet laws from a perspective of criminalization of illegal acts and violations.

Also in 2007, in opposition to the Cybercrimes Bill (84/99), which established network vigilantism, the idea of promoting a legislation to regulate the Internet in Brazil that derived from the guarantee of rights emerged as a concept. Such determination found solid foundation to yield

Page 89

good results when, in 2009, the Brazilian Internet Steering Committee (CGI.br) – tripartite organization with members representing civil society, business, and government – approved a resolution with the ten principles for Internet governance and use in Brazil.

They are freedom, privacy and rights; democratic and collaborative governance; universality; diversity; innovation; network neutrality; unaccountability of the network; functionality, security...

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