It is particularly disturbing to see the condition to use mobile telephony
as an element for registering and authenticating users. It attempts to get
the State to accord undue importance to an industrial sector.
Sivasubramanian M <https://www.linkedin.com/in/sivasubramanianmuthusamy/>
On Wed, Jul 8, 2020 at 12:45 AM Carlos Afonso via Governance <
Dear people, as some of you probably know, the
Brazilian Congress is
discussing a crucial bill of law on fake news. A version of the bill has
been approved by the Senate (where the proposal originated) and is now
under discussion in the Chamber of Deputies. Below is a precise review of
the situation, by the Brazilian chapter of the Internet Society).
The text refers to the statement on the bill of law published by the
Brazilian chapter, which can be read here in Portuguese and English:
This is a brief report on the recent developments in the Brazilian
Congress regarding the Bill on Fake News.
Despite strong opposition from civil society organizations and tech
companies, which asked for a postponing of the voting so that a more
informed discussion could take place, the Bill has been voted and approved
by the Senate on June 30. Voting result was 45 in favor, 32 against the
Bill (1 abstention + the President), from a total of 89 senators.
The Bill now goes to the House of Representatives, where it can be amended
or even rejected. If amended, it must come back to the Senate for another
round of discussion and voting. Forecast is that it might take up to 3
months for the matter to return to the Senate. *But recent press coverage
indicates that things might be expedited in the House in a response to
Bolsonaro's announced willingness to veto some parts of the project that
might affect "freedom of expression".* If finally approved by the Senate,
it must be sanctioned by the President, who can interpose his veto to
specific parts of the text. So we still have many opportunities to fight
for a much better version of the Bill.
Some important highlights on the version that has been approved, both
positive and negative ones:
- End-to-end encryption was recognized as legal. But traceability
through "forwarding metadata" was kept, and this was the hardest fight
so far. Several organizations are threatening to take the matter to the
Supreme Court, because of the threat to privacy.
- Facial recognition was not inserted as means to identify users (as
promised by the Rapporteur the weekend before the vote). Providers are
required to develop measures to "identify users" accused of
behavior". Collection of phone numbers is not mandatory anymore. The
Bill now states that "those apps that rely on phone numbers to function are
obliged to suspend services to those phone lines that are cancelled by the
- A last-minute copyright rule was suppressed from the Bill in the
final round of deliberations.
- Data localization was suppressed from the Bill. A CLOUD Act-inspired rule
was adopted to oblige companies to provide access from Brazil to data
- Mandatory arbitration for Terms of Service was suppressed. The
Intermediary Liability regime from the “Marco Civil” stands untouched. But
complicated rules related to authorization for providers to remove content
immediately remain, in cases of "harmful consequences, information security
or user security, threats to the functionality of the service, hate speech,
child pornography, support to suicide and self-mutilation", "defamation and
slander" against politicians, trademarks, individuals and legal entities,
as well as "content that lead to error or confusion, including through deep
fakes" (which is very broad). There is a need to ensure that all those
reached by the content are also reached by a 'right of reply' in cases of
defamation and slander.
- The issue of TCP/IP ports in CG-NATed connections still remains.
We thank the support from other Chapters to the statements we published.
They were collected here
and also resonated on Twitter.
Flavio Wagner, chair
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