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

Tue Aug 7 17:44:20 EEST 2012

Yes, indeed, fine tuning will happen anyway, since this is a legal
framework, not a bill of law detailing all legal and regulatory
procedures. But if the "marco" passes Congress, wow, that will be a
tremendous achievement.

fraternal regards

--c.a.

On 08/07/2012 07:40 AM, parminder wrote:
> 
> 
> 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.
> 
> parminder
> 
> 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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