After being discussed and developed collaboratively in an open debate through a blog, in 2011 the Civil Marco was presented as a bill of law. Initially approved in the Chamber of Deputies on March 25, 2014, the draft law went to the federal senate, this approved on April 23, 2014 on the Senate floor. President Dilma Rousseff signed a law passed in the legislature on April 23, during NETmundial conference in São Paulo.
The text of the bill deals with topics such as network neutrality, privacy, data retention, the social function that the network will need to comply, especially to guarantee freedom of expression and the exchange of knowledge, besides imposing liability obligations to users and providers.
After weeks listening to discussions and critics about the Marco Civil, there are three main points pretty important and so far not regulated, putting now a specific regulation about this sensitive discussion that Brazilians always had to live with many frustrations and barriers due to the gap in current law. Let’s talk about those:
- Network neutrality (or Internet neutrality, or neutrality principle) means that all the information that travels over the network should be treated the same way, navigating at the same speed, or the speed of hiring. If we look the telecom’s perspective, it’s obvious that its better having a user navigating through the websites, checking emails, simple stuffs, instead of having users watching movies via streaming, using VOIP, file sharing and many other things that overload the network. With little (or poor) infrastructure, the telecom company could provide the service the lightweight user needs, but due to the heavy user, it requires more investment to attend all kinds of users. With this important topic very clear, no matter which user you are, you don’t need to worry if you’re going to pay more or less to do what you want on the web, just you use it.
- Keep the internet logs - requires that records users' connection should be retained by ISPs for a period of one year, under strict confidentiality and secure environment. This information relates only to the IP, date and start and end times of the connection. This action helps to identify who is responsible for any crime occurred on the web. The project also fixed privacy principles regarding the data that the user provides to providers. On the internet, the data are now collected, processed and sold almost instantly. The law gives users the right that their information cannot be used to a different to that were provided, as stated in the privacy policy of the service order.
- Removal of Content and responsibilities - The Marco Civil establishes the rule that content can only be taken down after a court order, and that the provider cannot be held responsible for offensive content posted by users on their service. With this, the project aims to prevent Internet censorship: to prove that content is offensive, this person shall have the right to adversarial in court.
Of course the Marco Civil is not only about that, it covers a total of 25 articles divided in 5 chapters, but personally speaking, this law will be good for everybody once anyone is a internet user!!
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