Mar 252014

Luiz Fernando Moncau (@lfmoncau)
Pedro Nicoletti Mizukami (@p_mizukami)
Center for Technology and Society @ FGV Law School, Rio

At around 9pm today, March 25th 2014, the Brazilian Chamber of Deputies finally voted in favor of approving the Marco Civil bill. The text, which can be read here (in Portuguese), will now be sent to the Federal Senate for deliberation. If any changes are approved there, it will be returned to the Chamber of Deputies before it can be sanctioned by President Dilma Rousseff.

Marco Civil, which is the first major Brazilian law on Internet rights—including provisions on net neutrality and intermediary liability—was modified several times by rapporteur Dep. Alessandro Molon (Worker’s Party, Rio de Janeiro), so that consensus could be reached in the Chamber of Deputies. It was a complicated process.

The approved text is substantially different than the version sent to Congress in 2011, which was the output of a broad public consultation process that took place between October 2009 and May 2010 (more information can be found in the 2011 CGI.Br Internet Policy Report). Battles over intermediary liability, data retention, and net neutrality stalled bill’s progress in the Chamber of Deputies for more than two years. Voting was delayed successive times even after the bill was put under urgency regime in September 2013—a status that has the effect of blocking most other proposals until voting is carried out.

Considering how terrible some of the proposed amendments to Marco Civil were, the approved text is largely positive. It is definitely not the ideal version of law. But it is a much better one than expected, and probably the best possible outcome given the existing political limitations.

Continue reading »


English Translation of the New Version of Brazil’s Marco Civil

 Posted by on November 18, 2013  Comments Off on English Translation of the New Version of Brazil’s Marco Civil
Nov 182013

brazil-flagThanks to Carolina Rossini for sending an English translation of the new version of Brazil’s Marco Civil legislation.

Intellectual Property Watch reports that the bill has hit a roadblock in the legislature, and “pressure from industry had already resulted in the draft legislation being shelved at the end of last year.” However, Rossini, writes that  the new version of the text “has received great support from Brazilian civil society and has also gathered great (but not yet enough) support from legislators.” Continue reading »


Internet Needs an Uncompromising “Marco Civil” in Brazil!

 Posted by on October 28, 2013  Comments Off on Internet Needs an Uncompromising “Marco Civil” in Brazil!
Oct 282013

la quad2[La Quadrature du Net, Link (CC-BY-SA)] Major organizations from all around the world, defending free speech and freedoms online, signed this open letter initiated by La Quadrature du Net. It encourages for a swift adoption, in Brazil, of an uncompromising “Marco Civil de Internet” that would truly guarantee freedoms online. The vote is scheduled on Tuesday.

(Your organization can still sign the letter, after its publication, by sending an email to signature (AT) Continue reading »


The fight over net neutrality in Brazil: a new and taller bump in the road for Marco Civil

 Posted by on June 11, 2013  Comments Off on The fight over net neutrality in Brazil: a new and taller bump in the road for Marco Civil
Jun 112013
Carolina Rossini

Carolina Rossini

On May 23, Brazil’s federal communications commission – ANATEL – passed a resolution with sweeping implications for internet service provision, net neutrality, and regulatory power. Resolution 614/2013 extends ANATEL’s regulatory reach from its traditional home in telecommunications systems all the way into the provision of internet services. This extension and others like it can significantly impact the internet access market in Brazil. These over-reaches also pose serious challenges to net neutrality policies pending in the Marco Civil legislation (known internationally as Brazil’s “Constitution for the Internet”). Continue reading »


The Brazilian Congress Needs To Pass Marco Civil for Brazilians – and The World

 Posted by on May 22, 2013  Comments Off on The Brazilian Congress Needs To Pass Marco Civil for Brazilians – and The World
May 222013

brazil-flagCarolina Rossini is Project Director, Latin America Resource Center, New America Foundation

Tim Berners-Lee’s visit to Brazil last week has rekindled hopes for a civil society frustrated by six postponed votes on the bill known as “Marco Civil.” This groundbreaking federal legislation would guarantee civil rights in the use of the Internet, and is sometimes called a “Constitution for the Internet.” For the bill’s rapporteur, Representative Molon, having the inventor of the World Wide Web visit and publicly support the Marco Civil is an essential step in breaking the legislative logjam. Continue reading »