Brazil's Internet Framework Bill (#2126/2011) has undergone extensive public consultation, receiving 2,300 contributions and facilitating 6 public hearings to discuss key topics such as freedom of expression, net neutrality, privacy, log retention, and ISP liability. Key provisions include the obligation for equal treatment of data packets under net neutrality and specific conditions under which ISPs may be held liable for third-party content. However, the bill does not address issues related to cybercrime, copyright, or personal data.

1. Brazil's Internet Framework Bill
Bill #2126/2011
Pedro Paranaguá
FGV / Duke University
www.PedroParanagua.net
@PedroParanagua
PedroParanagua
Rio de Janeiro – RJ, 15 de dezembro de 2012

2. Brazil's Internet Framework Bill
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3. Brazil's Internet Framework Bill
widely debated
2,300 contributions
public consultations

4. Brazil's Internet Framework Bill

5. Brazil's Internet Framework Bill
6 public hearings
62 speakers
Chamber of Deputies' e-Democracy portal

6. Brazil's Internet Framework Bill

7. Brazil's Internet Framework Bill
45,000 visits
140 proposals
2,215 comments

8. Brazil's Internet Framework Bill
main topics

9. Brazil's Internet Framework Bill
i) freedom of expression
ii) net neutrality
iii) privacy
iv) log retention
v) ISP liability

10. Brazil's Internet Framework Bill
general rules

11. Brazil's Internet Framework Bill
Internet's Constitution

13. Brazil's Internet Framework Bill
it doesn't deal with:
cybercrime
copyright
personal data

14. Brazil's Internet Framework Bill
network neutrality
Art. 9 – The agent in charge of transmitting,
switching and routing is obliged to treat
equally any data packet, regardless of
content, origin, and destination, service,
terminal or application.

15. Brazil's Internet Framework Bill
network neutrality
Art. 9(1) – Discrimination or degradation of
traffic shall be governed by a Presidential
Decree, and may only result from:
I – indispensable technical requirements for an
adequate offer of services and applications, and
II – prioritization of emergency services.

16. Brazil's Internet Framework Bill
network neutrality
Art. 9(2) – In the event of traffic discrimination
or degradation, as foreseen in paragraph 1, the
aforementioned agent in charge shall:
I - refrain from causing damages to users;
II - respect free competition, and
III – previously inform its users, on a
transparent, clear, and sufficiently descriptive
manner, of the adopted traffic management or
mitigation measures.

17. Brazil's Internet Framework Bill
network neutrality
Art. 9(3) – When providing paid or free Internet
connection, as well as on the transmission,
switching or routing, it is forbidden to block,
monitor, filter, analyze or inspect the content of
data packets.

18. Brazil's Internet Framework Bill
ISP liability
Art. 14 – Internet connection providers shall not
be held liable for damages arising from third
party- generated content.

19. Brazil's Internet Framework Bill
ISP liability
Art. 15 – In order to ensure freedom of
expression and to avoid censorship, Internet
service providers may only be held liable for
damages arising from third party- generated
content if, upon receipt of a specific court order,
the provider fails to take the appropriate
measures, within the technical limits of its
service and the specified term, to make
unavailable the content deemed as infringing,
except as provided otherwise.

20. Brazil's Internet Framework Bill
ISP liability
Art. 15(2) – The foregoing shall not apply in the
case of infringement of copyright or related
rights.

21. Brazil's Internet Framework Bill

22. obrigado !
Pedro Paranaguá
FGV / Duke University
www.PedroParanagua.net
@PedroParanagua
PedroParanagua