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

Wed Aug 8 13:21:27 EEST 2012

Sure. Though the liability issue, which is also reflected in other
standards adopted by Internet governance stakeholders in
Brazil, seems to be rather a matter of principle than of fine
tuning. As a matter of principle, it is very troubling and
unparalleled. The day intermediaries have no liability except
for contempt of court, the day we endow them with the Ring
of Gyges, it will be the demise of the very idea of the rule of
law.

Cedric reads me correctly. Marco Civil has my unqualified
support at this stage, though I believe we must continue to
observe how the process will unfold in this regard, for this
concerns all human rights in their relation with freedom of
expression.

All best,
Marcelo

On Tue, Aug 7, 2012 at 10:44 PM, Carlos A. Afonso <ca at cafonso.ca> wrote:

> 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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> >>
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> >>
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