[IRPCoalition] Fwd: The Guadalajara Manifesto for Internet Rights and Governance in Brazil

Marianne Franklin m.i.franklin at gold.ac.uk
Thu Dec 8 19:30:52 EET 2016

Dear all
And more news flashes with respect to rights issues in Brazil - the IGF 
host in 2015.

-------- Forwarded Message --------
Subject: 	Re: [bestbits] The Guadalajara Manifesto for Internet Rights 
and Governance in Brazil
Date: 	Thu, 8 Dec 2016 11:17:59 -0600
From: 	Marilia Maciel <mariliamaciel at gmail.com>
Reply-To: 	Marilia Maciel <mariliamaciel at gmail.com>
To: 	rafaelzanatta at usp.br, governance at lists.igcaucus.org 
<governance at lists.igcaucus.org>, JNC Forum <forum at justnetcoalition.org>
CC: 	bestbits at lists.bestbits.net&gt &lt <bestbits at lists.bestbits.net>

Dear all,

This initiative is absolutely important and the threats to digital 
rights in the Brazilian scenario are real. As a Brazilian, I fully 
support the initiative and also join colleagues in asking for 
international support in this crucial moment for the country.

Best wishes,

On Thu, Dec 8, 2016 at 9:53 AM, <rafaelzanatta at usp.br 
<mailto:rafaelzanatta at usp.br>> wrote:

    Dear all,

    As you might know, the Brazilian political landscape is chaotic. The
    Congress and the federal government are putting into risk our
    framework for Internet governance. Marco Civil is under attack and
    deregulation is under way in Telecom sector.

    The Coalition Direitos na Rede <https://direitosnarede.org.br/>
    wrote a manifesto in Guadalajara about the Brazilian scenario and we
    are asking activists and organizations to support us, if they agree
    with what we're claiming. Many bad things are happening and we need
    people from all over the world reacting against this.

    Please, can you read it and send the link of the Manifesto to your
    network of activists in digital rights?


    Today, at 2h40pm, we will host a lightning session at the IGF to
    present the Coalition
    Come see us and we will explain the content of the manifesto, asking
    for support of the international community. We really need this kind
    of support to pressure the law-makers and the government!

    The deadline to sign the manifesto is Friday at 2pm and you can do
    so by answering this email or by talking to any member of the


    Rafael Zanatta
    /Coalizão Direitos na Rede



      The Guadalajara Manifesto For Internet Rights and Governance in Brazil

    We, as representatives of civil society organizations from all over
    the world present at the 11th Internet Governance Forum in
    Guadalajara, Mexico, come together to declare our concern about the
    policy changes related to access, governance and use of the Internet
    that are taking place in Brazil this year.

    Since 2012, Brazil has been a key participant in the IGF, pushing
    for more participation and the protection of human rights in the
    digital environment. It is regrettable that, in the IGF 2016,
    Brazilian government participation is rather restricted. The country
    that has been an example is now at risk of weakening its most
    valuable institutions dedicated to Internet Governance: the
    Brazilian Internet Steering Committee (CGI.br) and Marco Civil da

    The Brazilian Civil Rights Framework for the Internet - “Marco Civil
    da Internet” (MCI), a Law enacted in 2014, was a result of a long
    and democratic participatory process that had as its goal the
    creation of fundamental rights for the use of the Internet. The Law
    focused on the democratization of Internet access, universalization,
    net neutrality, freedom of expression, protection of personal data
    and privacy. It was based on the Decalogue Principles enacted by
    CGI.br in 2009, in a context of multistakeholder governance.

    Due to the recent political changes in the country, the Internet as
    we know it is now at risk. The current government has started in a
    questionable power transition and has been refractory to democratic
    debate, supporting a conservative body of Congress representatives
    that since long is working against the protection of fundamental
    rights on the internet. Now, the Congress is about to pass a law
    that will represent a serious backlash in telecommunications
    policies that imply the loss of sovereignty over telecommunications
    networks, compromising the purpose set by MCI of universal access
    and digital inclusion.

    In addition, the Federal Government has announced that it will not
    develop policies for broadband Internet access and that “the market
    should promote expansion on its own”. Such new development paradigm
    goes against the current legal and regulatory framework in the
    country, which recognizes the key role of the State in achieving
    universalization and democratization of access and knowledge.

    In this context, the government, together with National
    Telecommunications Agency, has been permissive regarding commercial
    discriminatory practices, such as allowing for new plans with data
    caps to be offered, as well as anticompetitive deals between large
    ISPs and large online platforms.

    Since 2015, over two hundred bills proposing changes to the MCI have
    been presented. Many of them weaken fundamental principles and
    rights such as net neutrality, non-liability for Internet providers,
    personal data protection, privacy and freedom of expression. Behind
    these proposed amendments to the law, we have the heavy lobbying by
    conservative and authoritarian political forces as well as
    industries with private interests that go against the public ones.

    Now, in 2016, we have witnessed political actions by the Executive
    branch that threaten multistakeholder governance, more specifically
    the Brazilian Internet Steering Committee (CGI). Government
    representatives have openly declared that they intend to review the
    strength of the civil society representativeness and participation
    in the committee.

    We have also seen judicial decisions that determine the takedown of
    applications such as WhatsApp, when the company is unable to provide
    data and content about investigated persons by the police or
    investigation authorities due to the use of cryptography. Several
    lawsuits related to such takedowns are now pending before the
    Brazilian Supreme Court.

    We are aware that the award-winning Brazilian coalition called
    “Direitos na Rede” is fighting all these policy, legal and
    regulatory and legalchanges that threaten civil rights hardly
    acquired over the course of several years. We recognize the need to
    make these backlashes globally known and declare our support to the

    We also urge the Brazilian Government to take immediate measures
    against these limitations of Internet rights and principles and
    continues to foster a vibrant Internet ecosystem, where digital
    inclusion, human rights and democratic governance are priorities.

    Guadalajara, December 5th 2016.

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*Marília Maciel*
Digital Policy Senior Researcher, DiploFoundation

WMO Building *|* 7bis, Avenue de la Paix *| *1211 Geneva - Switzerland
*Tel *+41 (0) 22 9073632 <tel:%2B41%20%280%29%2022%209073632> *| *
*Email*: _MariliaM at diplomacy.edu 
<mailto:mariliam at diplomacy.edu>____*|*__*Twitter*: __ at MariliaM_

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