Brazil´s Law of Internet

The Project, now in Congress, establishes the principles, rights and duties of web users.

National Congress will soon appreciate the bill on the Internet, also called Marco Civil Internet, which provides the principles, rights and duties in using the World Wide Web.

The scope of the project includes users, companies and the government as well. For two years, between 2009 and 2011, and before it was formally established as a project of law by the Ministry of Justice, the issue was discussed by civil society organizations. In the process, it received more than 2000 contributions and 100 thousand accesses by Internet.

This project reinforces the constitutional principles as free speech, privacy and secrecy of communications, human rights, and the broad right of access to the internet for everyone.

It also establishes that the person, and the person only, will be held responsible for the content posted anywhere on the net is becoming liable for any damage caused, and exempting the provider or intermediary (websites, blogs, portals and social networks) from that liability. The service provider will only respond if it breaks a prior judicial decision determining the removal of content.

Another important point concerns the storage of data, and determines that the provider must store for a year the records of users' connection (IP of the computer - and time and date of access). Such data can only be obtained by court order, and this one year term of custody of records could be extended upon demand, be it by the police authority supporting the judiciary.

Net neutrality is another fundamental point, which requires ISPs to give undifferentiated treatment to all packets of data traffic on their networks. They may not favor certain Web sites over others, while providing them, for example, a faster access (faster band).

The state also confirms its role, reducing inequalities in Internet access and encouraging the use of the network as a tool for transparency and democracy. The project, however, does not cover issues such as copyright, cybercrime, and e-commerce.

To become law, the project must be approved by the House of Representatives and the Senate.

Hopefully it will be through and ready for the President´s approval by the end of the year.