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The Snowden case and the Brazilian reaction

Document Citado por Related
Vincent
AutorMarília Maciel and Luiz Fernando Moncau
Páginas210-213

Page 210

See note 86

The present moment asks for urgent decisions that still have to be well planed otherwise being innocuous or, even worse, delaying national development. To take good decisions, perspectives of different sectors – technical, academic, business and civil society – should be taken into account.

Introduction

All over the world, the revelations made by Edward Snowden about the communication surveillance carried out by the NSA – National Security Agency – not only caused intense discussions but also inluenced the governmental agenda.

In Brazil, Snowden’s complaints altered not only the legislative agenda, but also triggered government initiatives whose objective would be to promote more safety to Brazilian communications. In the South American scope, conjunct answers were quickly articulated at the Union of South American Nations (UNASUR) and Southern Common Market (Mercosul) forums. The subject was also taken to the United Nations Security Council by the countries of the region, and there is a desire to expand the discussion to other UN forums, such as the Human Rights Council.

1 Legislative Agenda

As seen in an article published on the last edition of the Digital Rights LAC, one of the more evident impacts of Snowden’s revelations was related to the legislative process of the "Marco Civil da Internet" Bill. The U.S. espionage program brought the media’s and the Congress’ attention to matters such as privacy and communications security. The government’s wish to be portrayed as active and diligent has made him propose modiications to the Bill aiming to reinforce citizens’ privacy and to mitigate the possibility of espionage. However, the proposed modiications do not create signiicant impact.

One of such modiications, advocated by the Minister of Communications,

Paulo Bernardo, was to include in the Marco Civil Bill a provision

Page 211

determining that Internet companies that provide services in Brazil should store Brazilian citizen’s data at Brazilian territory. However, it has to be considered that hosting data in Brazil could be far more expensive than hosting it in American servers, for example. The high cost of hardware and backbone access and the smaller broadband coverage in Brazilian territory are some factors that impact the costs. Even Brazilian companies frequently host data abroad.

If the government wishes to retain data in Brazilian territory, the best approach would be to create market incentives through...

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