Marco Civil em Inglês
DRAFT BILL PROPOSITION
Establishes principles, guarantees, rights and obligations related to the use of the Internet in Brazil.
THE NATIONAL CONGRESS decrees:
CHAPTER I PRELIMINAR PROVISIONS
Article 1. This law establishes principles, guarantees, rights and obligations concerning the use of the Internet in Brazil, and provides guidelines about this subject for the jurisdictions of the Federal Union, States, Cities and the Federal District of Brasilia.
Article 2. Internet regulation in Brazil shall be grounded on:
- I – the recognition of the international nature of the Internet
- II – human rights and the exercise of citizenship in the digital environment
- III – the values of plurality and diversity
- IV – openness and collaboration
- V – free enterprise, free competition, and consumer protection
- I – safeguarding freedom of speech, communication, and manifestation of thought, in the terms of the Constitution;
- II – the protection of privacy;
- III – the protection of personal data, in accordance to the law;
- IV – the preservation and safeguarding of net neutrality, in compliance with further regulation;
- V – preservation of the stability, security and functionality of the network, by means of technical practices compatible with international standards, as well as the incentive for the use of best practices;
- VI – liability of agents in correspondence to their activities, in accordance to the law; and
- VII – the preservation of the participatory nature of the Internet.
Sole Paragraph. The principles defined by this law do not exclude others set forth by the national legal system related to the matter, or by the international treaties signed by the Federative Republic of Brazil.
Article 4. Internet regulation in Brazil shall have the following objectives:
- I – to promote of the right of accessing the Internet to all citizens;
- II – to promote access to information, knowledge and participation in cultural activities and public affairs;
- III – to promote innovation and encourage the dissemination of new technologies and models of use and access; and
- IV – to promote compliance with the open technological standards that allow communication, accessibility and interoperability between applications and databases
- I - Internet: the system constituted by logical protocols, globally scaled for public and unrestricted use, allowing the communication of data between terminals through different networks;
- II - terminal: a computer or any device that connects to the Internet;
- III - autonomous system administrator: the individual or the legal entity that administrates Internet Protocols address blocks – specific IPs and their autonomous system routing, duly registered in the Regional Internet Registry responsible for the registries and distributions of IP addresses geographically related to the Country;
- IV – IP address: the code assigned to a network terminal with the objective of allowing its identification, defined according to international standards;
- V – Internet connection: the authorization for a terminal to send and receive data packages over the Internet, through the attribution and authentication of an IP address;
- VI – connection logs: the information referring to the date and the time of the beginning and end of an Internet connection, its duration and the IP address used by the terminal for sending and receiving data packages;
- VII – Internet applications: the group of functionalities that can be accessed by a terminal connected to the Internet; and
- VIII – Internet application access logs: the information regarding the date and time of use, from a determined IP address, of a specific Internet.
CHAPTER II ON THE RIGHTS AND GUARANTEES OF USERS
- I – the non-violation and secrecy of communications on the Internet, except under judicial order, in the hypotheses and form established by law, for criminal investigations or the gathering of evidence for criminal procedures;
- II – the non suspension of Internet connections, except for debts directly related to their use;
- III – the maintenance of the contracted quality of Internet connections, with
- observance of article 9;
- IV – clarity and thoroughness of information in contracts for Internet services, with explicit mention of the applicable regimes for data protection, connection logs and Internet application access logs, as well as to network management practices that can affect the quality of the offered services; and
- V – the non-disclosure, to third parties, of connection logs and Internet application access logs, except if the user’s consent is obtained, or in the circumstances determined by law
CHAPTER III ON THE PROVISION OF INTERNET CONNECTION AND APPLICATIONS
SECTION I On data traffic
SECTION II On data records
- §1º The Internet service provider responsible for the storage of logs will only be constrained to disclose the information that allows the identification of the user under a judicial order, in the terms set by Section IV of this Chapter.
- §2º Procedures for security and secrecy must be clearly informed by the Internet service provider responsible for the connection services, and must comply with standards defined in further regulation.
- §3º The obligation of secrecy established by article 10 subjects violators to the civil, criminal, and administrative sanctions established by the law.
Subsection I On the storage of connection logs
- §1º The responsibility for the storage of connection registries must not be transferred to third parties.
- §2º The police and administrative authorities may require, ad cautelam, the storage of connection logs for a longer period than the one established in this law.
- §3º In the hypothesis of §2º, the requesting authority will have the period of sixty days, counted from the requirement, to request for judicial order to access the logs mentioned in article 11.
- §4º The Internet service provider responsible for the storage of the logs must keep secrecy of §2º requests, which will lose their efficacy in case the judicial order is not granted, or if their access was not petitioned within the period of time established by §3º.
Subsection II On the storage of Internet application access logs
- §1º The decision not to store Internet application access logs does not ensue liability for harm arising from the use of these services by third parties.
- §2º A judicial order can determine, during a given period, the storage of Internet application access logs, as long they relate to specific facts within a determined time frame; the disclosure of the these logs shall follow the conditions set by Section IV of this Chapter.
- §3º In observance of §2º, police or administrative authorities may require, ad cautelam, the storage of Internet application access logs, following the procedure and terms of §3º and §4º of Article 11.
Section III On the liability for damage caused by content generated by third parties
SECTION V On the judicial request for logs
- I –solid evidence of the occurrence of an illegal act;
- II – a motivated justification for the utility of accessing the requested logs, for the purposes of investigation or the gathering of evidence;
- III - the period that the logs refer to.
CHAPTER IV ON THE ROLE OF PUBLIC AUTHORITIES
- I – the establishment of transparent, collaborative, and democratic mechanisms of governance, with the participation of the various sectors of society;
- II – the promotion of interoperable technology for e-government services in the different levels of the Federation, in order to allow the exchange of information and streamlining of procedures;
- III – the promotion of interoperability between different systems and terminals, especially among different levels of the Federation and several sectors of society;
- IV – the preferential adoption of open and free technologies, standards and formats;
- V – the disclosure and dissemination of public data and information in an open and structured manner;
- VI – the optimization of network infrastructure, the promotion of technical quality, innovation, and the dissemination of Internet applications, without impairing the open, neutral and participatory nature of the Internet;
- VII – the development of initiatives and education programs concerning the use of the Internet;
- VIII – the promotion of culture and citizenship; and
- IX – the provision of public services for citizens in integrated, efficient and simplified fashion, through multiple communication channels.
- I – the compatibility of e-government services with the various terminals, operating systems and applications used to access them;
- II – accessibility for all interested parties, regardless of their physical, motor, cognitive, cultural, and social skills, provided that confidentiality issues and legal and administrative regulations are respected;
- III – compatibility with both human reading and automated processing of information;
- IV – ease of use of electronic government services; and
- V – the strengthening of social participation in public policy.
- I – promote the digital inclusion;
- II – seek to reduce inequality in the access to information and communication technologies and their use, especially between different regions of the Country; and
- III – foster the production and circulation of national content.