Laycer Tomaz

 

A preliminary text, accepting suggestions from Internet users, is available in a blog. Because of this proposal, the government asked for a postponement of voting on the Bill concerning digital crimes.

The Federal Government intends to send to the Chamber by next March a proposal for a ‘civil framework for the Internet ’ which will include the basic rights of Internet users, the technological guidelines and civil and criminal liability for providers and users.

Because of this proposal, the Ministry of Justice wants the Chamber to postpone until March the analysis of the Bill which specifies crimes committed on the Internet (PL 84/99). This delay on voting for Draft Bill 84 also intends to avoid the debate being focused only on digital crimes.

The project originated in the Chamber but was modified in the Senate where a substitute bill, proposed by Senator Eduardo Azeredo (PSDB-MG), was passed. The changes caused controversy that appeared on the pages of blogs and websites throughout the country.

Changes
The modifications made by the Senate satisfied the security sector because they outlaw system hacking, felonious retrieval of electronic data, virus e-mailing and illegal disclosure of private data. However, according to critics, “the Azeredo project”- the nickname for his proposal on the net– is an attack on the essentially open nature of the Internet because it also criminalizes everyday practices such as file-sharing and the existence of open nets, besides turning providers into “spies” on the habits of Internet users.

Government proposal
The idea of presenting a comprehensive project concerning the Internet was strengthened within the Government after the controversial modifications made in the Senate to Draft Bill No. 84/99. The proposal for a more comprehensive framework that would not only embrace criminal issues but also incorporate Internet users’ contributions was welcomed by experts on Internet law enforcement.

"It is a kind of social inclusion in the lawmaking process, which makes it possible for common people to indicate to the State the most effective and direct way of protecting their rights”, said lawyer Marlon Marcelo Volpi, an Information Technology expert.

The civil framework has been open for discussion on the Internet since last month when the Minister of Justice, Tarso Genro, launched a blog (https://culturadigital.br/marcocivil) to receive suggestions from Internet users. Suggestions will be received until December, 17th.

According to Guilherme Almeida, advisor to the Secretariate of Legislative Affairs of the Ministry of Justice, the legal format of the civil framework has not been defined yet. It could be a single Bill or several separate ones dealing with specific changes to criminal, civil or consumer protection legislation, among other amendments.

On January, the Secretary of Legislative Affairs will publish a first draft of the Bill incorporating suggestions, which will be made available on the web for discussion.

Other proposals
Presently there are more than a hundred proposals on the Internet being processed in the Chamber and the Senate. Those texts deal with different subjects as LAN House regulations, digital file sharing and electronic commerce. The great majority concern net usage for access to public services or publishing information by public organs .

This year, for instance, the Chamber approved the “Transparency Project”, a proposal that compels the Union, the states and municipalities to publish on the Internet real-time data on their budget fulfilment. The text was approved in May (Complementary Law No.131/09).

Deputies and senators also emphasize proposals that criminalize certain types of behaviour on the Internet. One such proposal (PL 5369/09), by deputy Vieira da Cunha (PDT-SP), concerns the crime of “cyberbullying", using web to encourage violence.

Reporting - Janary Júnior
Edition - Pierre Triboli/RX
Translation – José Schneider