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

Dixie Hawtin Dixie
Tue Aug 7 18:07:44 EEST 2012 

All responses on list and privately have been in support of signing on to the statement in support of the Marco Civil - Joana please add us to the list - and good luck tomorrow, please keep us up to date with how it goes!



Tomorrow we will sign on to the Internet Freedom Declaration too - the responses have steadied now but there have been a good show of support both publicly on the list and in private emails.



Good work IRP!



Best, Dixie



-----Original Message-----
From: irp-bounces at lists.internetrightsandprinciples.org [mailto:irp-bounces at lists.internetrightsandprinciples.org] On Behalf Of Carlos A. Afonso
Sent: 07 August 2012 15:44
To: parminder
Cc: irp at lists.internetrightsandprinciples.org
Subject: Re: [IRP] Fwd: Re: Call for support - Brazilian civil rights framework in Congress



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<mailto:igcbp-talk at googlegroups.com>; irp; governance at lists.igcaucus.org<mailto: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<mailto:mariliamaciel at gmail.com%20%3cmailto: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>

>> <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>

>> <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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