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The Brazilian Civil Rights Framework for the Internet: A Pioneering Experience in Internet Governance

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The Internet and Health in Brazil

Abstract

The Global Multistakeholder Meeting on the Future of Internet Governance (NETmundial) held in Sao Paulo, Brazil, on April 23 and 24, 2014, confirmed Brazil’s leading role in formulating progressive rules on Internet governance. On this occasion, Bill No. 12.965 – the Brazilian Internet “Bill of Rights” – passed. The bill, developed through a collaborative platform involving several sectors of civil society, became law. This chapter discusses Internet governance as it relates to the functioning of the global computer network of which Brazil has played a leading role in this process, especially after the approval of the regulatory framework which contains principles, assurances, rights, and duties for Internet users and providers in the country. The Brazilian Civil Rights Framework for the Internet is the first national legislation that works like a “Constitution” for network users. This paper outlines the influence of Brazil’s Internet “Bill of Rights” on the global Internet governance debate as well as the main actors and agencies involved. The findings show Brazil as a relevant player in discussing processes about rules governing the Web.

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Notes

  1. 1.

    The Brazilian Internet Steering Committee is responsible for outlining strategic guidelines related to the Internet’s development in Brazil and also for the execution of the domain name and Internet Protocol (IP) address assignments. The Committee also conducts studies on Internet security, technical quality, and innovation.

  2. 2.

    Jovan Kurbalija is the founder director of the DiploFoundation and head of the Geneva Internet Platform.

  3. 3.

    Created by Decree No. 7.175/2010, the National Broadband Plan (PNBL) is an initiative of the federal government. Its main objective is to increase broadband Internet access in the country, especially in those regions most in need of this technology. See Brazil (2010).

  4. 4.

    Chapter 4 discusses a pioneering digital inclusion project in Brazil.

  5. 5.

    Chapter 2 addresses the history of the Internet in Brazil.

  6. 6.

    It is possible to see the internal regiment of the Brazilian Internet Steering Committee at the CGI.br website at https://cgi.br/pagina/regimento-interno-do-comite-gestor-da-Internet-no-brasil/308

  7. 7.

    Currently, this model is being questioned, and it is possible that changes will happen soon. Currently, CGI.br is conducting several discussions. There are many differences about the permanence of the current governance model, considering that the business community and government representatives are increasingly seeking influence in the voting process.

  8. 8.

    See the NETmundial Multistakeholder Statement at http://netmundial.br/wp-content/uploads/2014/04/NETmundial-Multistakeholder-Document.pdf

  9. 9.

    In general, a hub is a device that has the function of connecting computers to a network.

  10. 10.

    Each piece of this legislation was open for comments on the Web portal. For more details, see http://culturadigital.br

  11. 11.

    To know more about the use of Twitter in the making of the Brazilian Internet Bill of Rights, see Bragatto et al. (2015).

  12. 12.

    Barlow wrote the Declaration of Independence of Cyberspace in 1996. For more information, see https://en.wikipedia.org/wiki/A_Declaration_of_the_Independence_of_Cyberspace

  13. 13.

    At that point, former President Dilma Rousseff was already aware of the allegations made by former CIA employee, Edward Snowden, when he revealed details of some surveillance programs used to monitor the former president’s talks with her advisors. These revelations were essential to raising awareness about the importance of approving the regulatory framework, especially by ensuring the rights of Internet users.

  14. 14.

    Decree No. 8871/16 is available at https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2016/decreto/d8771.htm

  15. 15.

    The original, in Portuguese, is available at http://www.planalto.gov.br/ccivil_03/_ato2011-2014/2014/lei/l12965.htm

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Segurado, R. (2019). The Brazilian Civil Rights Framework for the Internet: A Pioneering Experience in Internet Governance. In: Pereira Neto, A., Flynn, M. (eds) The Internet and Health in Brazil . Springer, Cham. https://doi.org/10.1007/978-3-319-99289-1_3

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  • DOI: https://doi.org/10.1007/978-3-319-99289-1_3

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