hey folks,
I'm curious to know if anyone on this list knows much/anything about changes to the Marco Civil da Internet resulting from the NSA leaks?
I've just been reading this Washington Post story interviewing Ronaldo Lemos, and it's pretty interesting -- I'm curious to know if anyone knows more. Note I'm *not* asking the WMF legal team (or anyone else) to put time into researching this -- I'd just like links or basic info if anyone has that. I've read the enWP article -- it's pretty thin.
Thanks, Sue
http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/22/glenn-greenwald...
"This whole story is causing a backlash in terms of Internet regulation in Brazil. There’s a frenzy, people trying to regulate the Internet as quick as they can. The Marco Civil project [legislation guaranteeing civil rights in the use of the Internet] became a top priority for the government.
The government is now introducing changes in the project that are quite problematic. One of them mandates that companies that store any type of Brazilian data have their servers physically located in Brazil. The idea of the government is that having the servers here will make them available for the Brazilian courts. But this is a bad idea because it will create huge costs for companies.
Imagine if Brazil required every company that has Brazilian data in storage to have a server located physically here. That breaks the Internet because you remove from companies the ability to make these decisions based on efficiency. When you’re deciding where to have your servers, you’re doing it in a way that’s cost-effective. Imagine if other countries reciprocate, if [every country says] you have a Brazilian Internet company, they have to have servers in my country. The potential for balkanization is very high.
What other regulations have been proposed in the wake of the Snowden revelations?
Other provisions that were introduced in the bill have to do with expanding Brazilian jurisdiction to Internet companies that have subsidiaries in Brazil. If Google opens an office, their parent company will be on the hook for the Brazilian jurisdiction. Critics are saying this will actually be an incentive for companies not to have an office in the country. Why open an office and then you have this expanded idea of jurisdiction.
Regulatory agencies like the National Telecommunications Agency, Brazil’s equivalent of the Federal Communications Commission, are stepping into the picture and trying to fill the regulatory void with regulation without this [legislation] being discussed in Congress. The agency is feeling empowered and legitimated by the Snowden case and saying, “We have jurisdiction and we’re going to regulate them ourselves.”
The way I see it, there are some dark clouds on the horizon in terms of regulation. Huge backlash because of the Snowden case. We will see some very not very well thought forms of regulation coming from Brazil and a change in the way Brazil positions itself in terms of Internet freedom or regulation."
Certainly Brazillians are outraged, but I wonder what this does for the Americas' tax haven treaties. From http://taxjustice.blogspot.com/2013/05/lee-sheppard-dont-sign-oecd-model-tax... this is what we're up against:
"You have to have a treaty with Switzerland. - Why? - We need it for business! - What business? - Well, tax evasion, OK advoidance. We need it for tax planning."
Best regards, James
On Thu, Aug 22, 2013 at 8:13 PM, Sue Gardner sgardner@wikimedia.org wrote:
hey folks,
I'm curious to know if anyone on this list knows much/anything about changes to the Marco Civil da Internet resulting from the NSA leaks?
I've just been reading this Washington Post story interviewing Ronaldo Lemos, and it's pretty interesting -- I'm curious to know if anyone knows more. Note I'm *not* asking the WMF legal team (or anyone else) to put time into researching this -- I'd just like links or basic info if anyone has that. I've read the enWP article -- it's pretty thin.
Thanks, Sue
http://www.washingtonpost.com/blogs/the-switch/wp/2013/08/22/glenn-greenwald...
"This whole story is causing a backlash in terms of Internet regulation in Brazil. There’s a frenzy, people trying to regulate the Internet as quick as they can. The Marco Civil project [legislation guaranteeing civil rights in the use of the Internet] became a top priority for the government.
The government is now introducing changes in the project that are quite problematic. One of them mandates that companies that store any type of Brazilian data have their servers physically located in Brazil. The idea of the government is that having the servers here will make them available for the Brazilian courts. But this is a bad idea because it will create huge costs for companies.
Imagine if Brazil required every company that has Brazilian data in storage to have a server located physically here. That breaks the Internet because you remove from companies the ability to make these decisions based on efficiency. When you’re deciding where to have your servers, you’re doing it in a way that’s cost-effective. Imagine if other countries reciprocate, if [every country says] you have a Brazilian Internet company, they have to have servers in my country. The potential for balkanization is very high.
What other regulations have been proposed in the wake of the Snowden revelations?
Other provisions that were introduced in the bill have to do with expanding Brazilian jurisdiction to Internet companies that have subsidiaries in Brazil. If Google opens an office, their parent company will be on the hook for the Brazilian jurisdiction. Critics are saying this will actually be an incentive for companies not to have an office in the country. Why open an office and then you have this expanded idea of jurisdiction.
Regulatory agencies like the National Telecommunications Agency, Brazil’s equivalent of the Federal Communications Commission, are stepping into the picture and trying to fill the regulatory void with regulation without this [legislation] being discussed in Congress. The agency is feeling empowered and legitimated by the Snowden case and saying, “We have jurisdiction and we’re going to regulate them ourselves.”
The way I see it, there are some dark clouds on the horizon in terms of regulation. Huge backlash because of the Snowden case. We will see some very not very well thought forms of regulation coming from Brazil and a change in the way Brazil positions itself in terms of Internet freedom or regulation."
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