[IRP] Fwd: Re: Call for support - Brazilian civil rights framework in Congress

parminder parminder
Tue Aug 7 13:40:57 EEST 2012

i support IRP endorsing Brazilian Marco Civil - process and substance. A 
truly remarkable and outstanding achievement..

Although I agree it may yet have to go through fine tuning for instance 
with regard to some valid issues raised by Marcelo.


On Tuesday 07 August 2012 03:23 PM, Dixie Hawtin wrote:
> Hi all --
> *Re: signing on to the Internet Freedom Declaration*-- so far there 
> has been unanimous support for signing on to the Declaration (although 
> with some reservations about the process and content of that 
> Declaration -- nonetheless the consensus appears to be that it is an 
> important initiative to join and support). I'll keep that call open 
> until tomorrow so if anyone else wants to throw your opinion in, do so 
> now, otherwise we will sign on tomorrow!
> *Re: Marco Civil *-- from my perspective too this has been a truly 
> remarkable initiative and a very inspiring example of how the 
> democratic process can work in the internet era. Notwithstanding the 
> important points made by Marcelo, this is another important flagship 
> initiative that we could really support_if_ we can move quickly (given 
> that the vote is coming to the National Congress tomorrow!) If you 
> would like the IRP to sign on please respond and _say so in the next 5 
> hours (by 4pm BST)_ and if there is rough consensus I will let CTS-FGV 
> know.
> Thanks!
> Dixie
> *From:*irp-bounces at lists.internetrightsandprinciples.org 
> [mailto:irp-bounces at lists.internetrightsandprinciples.org] *On Behalf 
> Of *Marcelo Thompson
> *Sent:* 07 August 2012 10:21
> *To:* Marilia Maciel
> *Cc:* igcbp-talk at googlegroups.com; irp; governance at lists.igcaucus.org
> *Subject:* Re: [IRP] Call for support - Brazilian civil rights 
> framework in Congress
> Dear All,
> As a Brazilian, I could not be prouder of what my colleagues have 
> accomplished. If you have not heard of Marco Civil by now (what I 
> trust is highly unlikely), the first thing you may like to learn is 
> that Marco Civil is the outcome of a truly democratic process, be it 
> in terms of the wealth of good intentions reflected in it, be it in 
> terms of the range of social actors that have been able not only to 
> contribute to the final text, which is common, but to be heard, which 
> is rare indeed.
> If I may, I would strongly endorse the plea of my friends from the 
> CTS-FGV in asking the international community to support Marco Civil.
> At the same time, however, I would /also/ like to bring to your 
> attention what I trust to be quite an ink of stain in an otherwise 
> excellent initiative. The intermediary liability provision, which is 
> explained in the attachment to be a lucid and balanced set of 
> provisions, may be rather far from being so. I briefly explain its 
> problems here <https://bitly.com/O6YLdp>. What the provision may see 
> as lucid is the evasion of more in-depth inquiry of the kind the EU is 
> conducting now in its consultation on intermediary liability.
> The way Marco Civil does so is by simply stating that *there is no 
> such a thing as intermediary liability *-- except for contempt of 
> court. Whether this /is/ a lucid and balanced solution to such a 
> central problem of contemporary life, I leave up to colleagues to 
> decide. What I dare say, and have argued elsewhere 
> <http://ssrn.com/abstract=2101322>, is that, in all its breadth, this 
> is something internationally unprecedented, which violates the 
> Brazilian Constitution and Brazil's human rights obligations, and 
> which will have immediate and pervasive impacts upon Brazilian 
> society, if not upon the international community altogether.
> As the beauty of this process is precisely that it is such an open 
> consultation, I am sure colleagues in Brazil will wholeheartedly 
> welcome any views the international community may have on this issue, 
> which is not any side issue, but one which is central indeed to Marco 
> Civil's reading of the boundaries of freedom of expression and its 
> relation with other human rights.
> Other than that, I wish my colleagues -- and myself! -- every luck 
> tomorrow.
> All best wishes,
> Marcelo
> --
> Marcelo Thompson
> Research / Assistant Professor
> Deputy Director, LLM (IT&IP)
> Faculty of Law
> The University of Hong Kong
> http://marcelothompson.hk
> On Tue, Aug 7, 2012 at 11:24 AM, Marilia Maciel 
> <mariliamaciel at gmail.com <mailto:mariliamaciel at gmail.com>> wrote:
> On behalf of Joana Varon, from CTS-FGV
> Dear Colleagues,
> Please find attached a letter of support for the Civil Rights 
> Framework for Internet in Brazil, drafted in partnership with the 
> following Brazilian civil society organizations: Institute of 
> Consumers Defense - IDEC; Intervozes and the Center for Technology and 
> Society - CTS/FGV, but with growing support from a list of others.
> *Next Wednesday, August 8th, the bill shall be voted at a Special 
> Committee of National Congress*. It would be the first step in the 
> creation of a legal text that goes in the opposite direction to the 
> trend of criminalization and imposing intermediary liability on the 
> web. As you might already know, we had expected it to be voted a month 
> ago, but it did not happen due to lack of quorum. And nowadays, though 
> it is the product of a highly democratic process, approval of the text 
> is not guaranteed.
> We believe international support can help us put pressure on Congress 
> for approval. So, if you agree, I would kindly ask your institution to 
> sign this letter. Sorry for not having being able to propose it as a 
> document to be edited in partnership, but we are in a rush, as the 
> idea is to have a version with institutional signatures of 
> international civil society organizations by tomorrow to deliver it to 
> the Special Commission on *Wednesday*. Signatures can be sent directly 
> to my email (_joana at varonferraz.com <mailto:joana at varonferraz.com>_), 
> preferably indicating the link to the website of the supporting 
> institution.
> ps. sorry for any eventual cross-posting
> Kind regards,
> Joana
> -- 
> Joana Varon Ferraz
> Centro de Tecnologia e Sociedade (CTS-FGV)
> http://direitorio.fgv.br/cts/
> <https://mail.google.com/mail/u/0/goog_946507056>www.freenetfilm.org 
> <http://www.freenetfilm.org>
> @joana_varon
> -- 
> Centro de Tecnologia e Sociedade
> FGV Direito Rio
> Center for Technology and Society
> Getulio Vargas Foundation
> Rio de Janeiro - Brazil
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