{"id":484,"date":"2014-04-26T20:39:02","date_gmt":"2014-04-26T20:39:02","guid":{"rendered":"http:\/\/speedwebdesigner.com\/?p=484"},"modified":"2014-04-26T21:27:47","modified_gmt":"2014-04-26T21:27:47","slug":"o-marco-civil-da-internet","status":"publish","type":"post","link":"https:\/\/speedwebdesigner.net\/en\/noticias\/o-marco-civil-da-internet\/484\/","title":{"rendered":"The Civil Rights Framework for the Internet - Law 12,965"},"content":{"rendered":"<header style=\"color: #000000;\">\n<div class=\"node-info\"><span style=\"color: #787878;\"><span style=\"font-weight: bold;\">Helena Martins \u2013 Reporter for Ag\u00eancia Brasil<\/span><\/span>\u00a0<span style=\"color: #787878;\">Edition:\u00a0<span style=\"font-weight: bold;\">Carolina Pimentel<\/span><\/span><\/div>\n<\/header>\n<div class=\"content\" style=\"color: #000000;\">\n<p>\u00a0The Marco Civil da Internet was appointed as a world reference for the legislation that should deal with the world wide web, during the\u00a0<a style=\"color: #0c88d8;\" href=\"http:\/\/agenciabrasil.ebc.com.br\/geral\/noticia\/2014-04\/encontro-em-sp-reune-80-paises-para-debater-governanca-da-internet\" target=\"_blank\">NetWorld\u00a0<\/a>\u2013 Global Multistakeholder Meeting on the Future of Internet Governance, which brought together governments, companies, experts and activists in discussions about the future of the Internet.<\/p>\n<p>The principles of the law \u2013 especially the guarantee of net neutrality, freedom of expression and the privacy of users \u2013 were established to maintain the open character of the internet.<\/p>\n<p>Network neutrality provides that the traffic of any data must be done with the same quality and speed, without discrimination, be it data, videos, etc. If this neutrality were not guaranteed, the internet could work like cable TV: citizens would pay a certain amount to access social networks and another to access networks and videos, for example.<\/p>\n<p>Another principle is the guarantee of freedom of expression. Today, social networks, such as Facebook and Youtube, can take down photos or videos that use images of works protected by copyright or that contravene company rules. For example, photos of members of the Marcha das Sluts with their breasts on display or videos showing parts of TV news broadcasts from the broadcasters have already been removed from the air without the creators of these contents giving an opinion on the restriction on broadcasting. With the Marco Civil da Internet, these companies are no longer responsible for the content generated by third parties and will not be able to remove them from the air without a court order, except in cases of nudity or sexual acts of a private nature.<\/p>\n<p>According to Article 19 of the legislation, \u201cin order to ensure freedom of expression and prevent censorship, the internet application provider can only be held civilly liable for damages resulting from content generated by third parties if, after a specific court order, not take steps to, within the scope and technical limits of its service and within the specified period, make the content identified as infringing unavailable, except for the legal provisions to the contrary\u201d.<\/p>\n<p>The framework also guarantees the privacy of internet users, by establishing that personal information and access records can only be sold if the user expressly authorizes the commercial operation. Currently, the data is used by large companies to obtain more advertising revenue, as they have access to details about Internet users&#039; preferences and options and end up selling targeted products.<\/p>\n<p>In addition to the rights considered principles of the internet in Brazil, 13 others were established by the \u201cInternet Constitution\u201d, as the rule came to be called. The inviolability of intimacy and private life and compensation in case of violation; the non-suspension of the internet connection, except for debit directly resulting from its use; maintenance of the contracted quality of the internet connection are some of the users&#039; rights.<\/p>\n<p>Internet users must, according to the law, have clear and complete information about the contracts for the provision of services and the collection, use, storage, treatment and protection of personal data, as well as having guaranteed accessibility, taking into account the physical and motor, perceptual, sensory, intellectual and mental effects of the user.<\/p>\n<p><a href=\"http:\/\/speedwebdesigner.com\/wp-content\/uploads\/2014\/04\/marco-civil-internet.jpg.png\"><img fetchpriority=\"high\" decoding=\"async\" class=\"aligncenter size-medium wp-image-485\" src=\"http:\/\/speedwebdesigner.com\/wp-content\/uploads\/2014\/04\/marco-civil-internet.jpg-300x269.png\" alt=\"marco-civil-internet.jpg\" width=\"300\" height=\"269\" srcset=\"https:\/\/speedwebdesigner.net\/wp-content\/uploads\/2014\/04\/marco-civil-internet.jpg-300x269.png 300w, https:\/\/speedwebdesigner.net\/wp-content\/uploads\/2014\/04\/marco-civil-internet.jpg-250x224.png 250w, https:\/\/speedwebdesigner.net\/wp-content\/uploads\/2014\/04\/marco-civil-internet.jpg.png 600w\" sizes=\"(max-width: 300px) 100vw, 300px\" \/><\/a><\/p>\n<blockquote><p><em><strong>Full text of Marco Civil<\/strong><\/em><\/p>\n<table width=\"70%\">\n<tbody>\n<tr>\n<td width=\"86%\"><strong>Presidency of the Republic<\/strong><strong><br \/>\n<\/strong><strong>Civil House<\/strong><strong><br \/>\n<\/strong><strong>Sub-office for Legal Affairs<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p><strong><a href=\"http:\/\/legislacao.planalto.gov.br\/legisla\/legislacao.nsf\/Viw_Identificacao\/lei%2012.965-2014?OpenDocument\">LAW No. 12,965, OF APRIL 23, 2014.<\/a><\/strong><\/p>\n<table width=\"100%\">\n<tbody>\n<tr>\n<td width=\"49%\"><a href=\"http:\/\/www.planalto.gov.br\/CCIVIL_03\/_Ato2011-2014\/2014\/Lei\/L12965.htm#art32\">Validity<\/a><\/td>\n<td width=\"51%\">Establishes principles, guarantees, rights and duties for the use of the Internet in Brazil.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p><strong>THE PRESIDENT OF THE REPUBLIC\u00a0<\/strong>I make it known that the National Congress decrees and I sanction the following Law:<\/p>\n<p>CHAPTER I<br \/>\nPRELIMINARY PROVISIONS<\/p>\n<p>Art. 1<sup>The<\/sup><strong>\u00a0<\/strong>This Law establishes principles, guarantees, rights and duties for the use of the internet in Brazil and determines the guidelines for action by the Union, States, Federal District and Municipalities in relation to the matter.<\/p>\n<p>Art. two<sup>The<\/sup>\u00a0The discipline of internet use in Brazil is based on respect for freedom of expression, as well as:<\/p>\n<p>I \u2013 recognition of the global scale of the network;<\/p>\n<p>II \u2013 human rights, personality development and the exercise of citizenship in digital media;<\/p>\n<p>III \u2013 plurality and diversity;<\/p>\n<p>IV \u2013 openness and collaboration;<\/p>\n<p>V \u2013 free enterprise, free competition and consumer protection; and<\/p>\n<p>VI \u2013 the social purpose of the network.<\/p>\n<p>Art. 3<sup>The<\/sup><strong>\u00a0\u00a0<\/strong>The discipline of internet use in Brazil has the following principles:<\/p>\n<p>I \u2013 guarantee of freedom of expression, communication and expression of thought, under the terms of the Federal Constitution;<\/p>\n<p>II \u2013 privacy protection;<\/p>\n<p>III \u2013 protection of personal data, in accordance with the law;<\/p>\n<p>IV \u2013 preservation and guarantee of net neutrality;<\/p>\n<p>V \u2013 preservation of the stability, security and functionality of the network, through technical measures compatible with international standards and by encouraging the use of good practices;<\/p>\n<p>VI \u2013 accountability of agents according to their activities, under the terms of the law;<\/p>\n<p>VII \u2013 preservation of the participatory nature of the network;<\/p>\n<p>VIII \u2013 freedom of business models promoted on the internet, provided they do not conflict with the other principles established in this Law.<\/p>\n<p>Single paragraph. The principles expressed in this Law do not exclude others provided for in the national legal system related to the matter or in international treaties to which the Federative Republic of Brazil is a party.<\/p>\n<p>Art. 4<sup>The<\/sup>\u00a0The discipline of internet use in Brazil aims to promote:<\/p>\n<p>I \u2013 the right of everyone to access the internet;<\/p>\n<p>II \u2013 access to information, knowledge and participation in cultural life and in the conduct of public affairs;<\/p>\n<p>III \u2013 innovation and promotion of the wide diffusion of new technologies and models of use and access; and<\/p>\n<p>IV \u2013 adherence to open technological standards that allow communication, accessibility and interoperability between applications and databases.<\/p>\n<p>Art. 5<sup>The<\/sup><strong>\u00a0<\/strong>For the purposes of this Law, it is considered:<\/p>\n<p>I \u2013 internet: the system consisting of a set of logical protocols, structured on a worldwide scale for public and unrestricted use, with the purpose of enabling data communication between terminals through different networks;<\/p>\n<p>II \u2013 terminal: the computer or any device that connects to the internet;<\/p>\n<p>III \u2013 Internet protocol address (IP address): the code assigned to a network terminal to allow its identification, defined according to international parameters;<\/p>\n<p>IV \u2013 autonomous system administrator: the individual or legal entity that manages specific IP address blocks and the respective autonomous routing system, duly registered with the national entity responsible for the registration and distribution of IP addresses geographically referring to the Country;<\/p>\n<p>V \u2013 internet connection: enabling a terminal to send and receive data packets over the internet, by assigning or authenticating an IP address;<\/p>\n<p>VI \u2013 connection record: the set of information regarding the start and end date and time of an internet connection, its duration and the IP address used by the terminal for sending and receiving data packets;<\/p>\n<p>VII \u2013 internet applications: the set of functionalities that can be accessed through a terminal connected to the internet; and<\/p>\n<p>VIII \u2013 logs of access to internet applications: the set of information referring to the date and time of use of a given internet application from a given IP address.<\/p>\n<p>Art. 6<sup>The<\/sup>\u00a0In the interpretation of this Law, the nature of the internet, its particular uses and customs and its importance for the promotion of human, economic, social and cultural development will be taken into account, in addition to the foundations, principles and objectives foreseen.<\/p>\n<p>CHAPTER II<br \/>\nUSERS&#039; RIGHTS AND WARRANTIES<\/p>\n<p>Art. 7<sup>The<\/sup>\u00a0Access to the internet is essential for the exercise of citizenship, and the user is guaranteed the following rights:<\/p>\n<p>I \u2013 inviolability of intimacy and private life, its protection and compensation for material or moral damage resulting from its violation;<\/p>\n<p>II \u2013 inviolability and secrecy of the flow of its communications over the internet, except by court order, in accordance with the law;<\/p>\n<p>III \u2013 inviolability and secrecy of your stored private communications, except by court order;<\/p>\n<p>IV \u2013 non-suspension of the internet connection, except for debit directly resulting from its use;<\/p>\n<p>V \u2013 maintenance of the contracted quality of the internet connection;<\/p>\n<p>VI \u2013 clear and complete information contained in the service provision contracts, with details on the protection regime for connection records and internet application access records, as well as on network management practices that may affect their quality;<\/p>\n<p>VII \u2013 not providing your personal data to third parties, including connection records and access to internet applications, except with free, express and informed consent or in the cases provided for by law;<\/p>\n<p>VIII \u2013 clear and complete information on the collection, use, storage, treatment and protection of your personal data, which may only be used for purposes that:<\/p>\n<p>a) justify their collection;<\/p>\n<p>b) are not prohibited by legislation; and<\/p>\n<p>c) are specified in service provision contracts or in terms of use of internet applications;<\/p>\n<p>IX \u2013 express consent on the collection, use, storage and processing of personal data, which must occur separately from the other contractual clauses;<\/p>\n<p>X \u2013 definitive deletion of the personal data that you have provided to a certain internet application, at your request, at the end of the relationship between the parties, except in the cases of mandatory record keeping provided for in this Law;<\/p>\n<p>XI \u2013 publicity and clarity of any policies for the use of internet connection providers and internet applications;<\/p>\n<p>XII \u2013 accessibility, considering the physical-motor, perceptual, sensorial, intellectual and mental characteristics of the user, under the terms of the law; and<\/p>\n<p>XIII \u2013 application of consumer protection and defense rules in consumer relations carried out on the internet.<\/p>\n<p>Art. 8<sup>The<\/sup><strong>\u00a0<\/strong>\u00a0The guarantee of the right to privacy and freedom of expression in communications is a condition for the full exercise of the right to access the internet.<\/p>\n<p>Single paragraph. Contract clauses that violate the provisions of\u00a0<strong>caput<\/strong>, such as those that:<\/p>\n<p>I \u2013 imply an offense to the inviolability and secrecy of private communications over the internet; or<\/p>\n<p>II \u2013 in an adhesion contract, do not offer the contracting party the adoption of the Brazilian forum for the solution of disputes arising from services provided in Brazil as an alternative to the contracting party.<\/p>\n<p>CHAPTER III<br \/>\nPROVISION OF INTERNET CONNECTION AND APPLICATIONS<\/p>\n<p><b>Section I<br \/>\nNetwork Neutrality<\/b><\/p>\n<p>Art. 9<strong><sup>The<\/sup><\/strong>\u00a0The person responsible for the transmission, switching or routing has the duty to treat any data packets in an isonomic way, without distinction by content, origin and destination, service, terminal or application.<\/p>\n<p>\u00a7 1<sup>The<\/sup>\u00a0The discrimination or degradation of traffic will be regulated under the terms of the exclusive attributions of the President of the Republic provided for in item IV of art. 84 of the Federal Constitution, for the faithful execution of this Law, after hearing the Internet Management Committee and the National Telecommunications Agency, and may only arise from:<\/p>\n<p>I \u2013 technical requirements essential for the adequate provision of services and applications; and<\/p>\n<p>II \u2013 prioritization of emergency services.<\/p>\n<p>\u00a7 two<sup>The<\/sup>\u00a0In the event of discrimination or degradation of traffic provided for in \u00a7 1<sup>The<\/sup>, the person in charge mentioned in the\u00a0<strong>caput\u00a0<\/strong>he must:<\/p>\n<p>I \u2013 refrain from causing harm to users, pursuant to art. 927 of Law no.<sup>The<\/sup>\u00a010,406, of January 10, 2002 \u2013 Civil Code;<\/p>\n<p>II \u2013 act with proportionality, transparency and isonomy;<\/p>\n<p>III \u2013 previously inform users in a transparent, clear and sufficiently descriptive manner about the adopted traffic management and mitigation practices, including those related to network security; and<\/p>\n<p>IV \u2013 offer services under non-discriminatory commercial conditions and refrain from engaging in anti-competitive conduct.<\/p>\n<p>\u00a7 3<sup>The<\/sup>\u00a0In the provision of an internet connection, whether onerous or free, as well as in the transmission, switching or routing, blocking, monitoring, filtering or analyzing the content of data packets is prohibited, in compliance with the provisions of this article.<\/p>\n<p><strong>Section II<br \/>\nFrom Protection to Records, Personal Data and Private Communications<\/strong><\/p>\n<p>Art. 10. The custody and availability of connection records and access to internet applications dealt with in this Law, as well as personal data and the content of private communications, must attend to the preservation of intimacy, private life, honor and image of the parties directly or indirectly involved.<\/p>\n<p>\u00a7 1<sup>The<\/sup>\u00a0The provider responsible for the custody will only be obliged to make available the records mentioned in the\u00a0<strong>caput<\/strong>, autonomously or associated with personal data or other information that may contribute to the identification of the user or the terminal, by means of a court order, pursuant to the provisions of Section IV of this Chapter, in compliance with the provisions of art. 7<sup>The<\/sup>.<\/p>\n<p>\u00a7 two<sup>The<\/sup>\u00a0The content of private communications may only be made available by court order, in the cases and in the manner established by law, in compliance with the provisions of items II and III of art. 7<sup>The<\/sup>.<\/p>\n<p>\u00a7 3<sup>The<\/sup>\u00a0The provisions in\u00a0<strong>caput<\/strong>\u00a0does not prevent access to registration data that inform personal qualifications, affiliation and address, in accordance with the law, by administrative authorities that have legal competence for their request.<\/p>\n<p>\u00a7 4<sup>The<\/sup>\u00a0The security and confidentiality measures and procedures must be clearly informed by the person responsible for the provision of services and meet the standards defined in the regulation, respecting their right to confidentiality regarding business secrets.<\/p>\n<p>Art. 11. In any operation of collection, storage, storage and treatment of records, personal data or communications by internet connection providers and applications in which at least one of these acts occurs in national territory, Brazilian legislation must be compulsorily respected. and the rights to privacy, protection of personal data and confidentiality of private communications and records.<\/p>\n<p>\u00a7 1<sup>The<\/sup>\u00a0The provisions in\u00a0<strong>caput<\/strong>\u00a0applies to data collected in the national territory and to the content of communications, provided that at least one of the terminals is located in Brazil.<\/p>\n<p>\u00a7 two<sup>The<\/sup>\u00a0The provisions in\u00a0<strong>caput\u00a0<\/strong>it applies even if the activities are carried out by a legal entity headquartered abroad, provided that it offers a service to the Brazilian public or at least one member of the same economic group has an establishment in Brazil.<\/p>\n<p>\u00a7 3<sup>The<\/sup>\u00a0Internet connection and application providers must provide, in accordance with the regulations, information that allows verification of compliance with Brazilian legislation regarding the collection, storage, storage or processing of data, as well as respect for privacy. and the secrecy of communications.<\/p>\n<p>\u00a7 4<sup>The<\/sup>\u00a0Decree will regulate the procedure for investigating violations of the provisions of this article.<\/p>\n<p>Art. 12. Without prejudice to other civil, criminal or administrative sanctions, violations of the rules provided for in arts. 10 and 11 are subject, as the case may be, to the following sanctions, applied individually or cumulatively:<\/p>\n<p>I \u2013 warning, indicating a deadline for the adoption of corrective measures;<\/p>\n<p>II \u2013 fine of up to 10% (ten percent) of the revenue of the economic group in Brazil in its last fiscal year, excluding taxes, considering the economic condition of the violator and the principle of proportionality between the seriousness of the breach and the intensity of the sanction;<\/p>\n<p>III \u2013 temporary suspension of activities involving the acts provided for in art. 11; or<\/p>\n<p>IV \u2013 prohibition of the exercise of activities that involve the acts provided for in art. 11.<\/p>\n<p>Single paragraph. In the case of a foreign company, it is jointly and severally liable for the payment of the fine referred to in the\u00a0<strong>caput<\/strong>\u00a0its subsidiary, branch, office or establishment located in the country.<\/p>\n<p><strong>Subsection I<br \/>\nConnection Record Guard<\/strong><\/p>\n<p>Art. 13. In the provision of internet connection, the respective autonomous system administrator is responsible for keeping the connection records, confidentially, in a controlled and secure environment, for a period of 1 (one) year, pursuant to the regulation.<\/p>\n<p>\u00a7 1<sup>The<\/sup>\u00a0Responsibility for maintaining connection records cannot be transferred to third parties.<\/p>\n<p>\u00a7 two<sup>The<\/sup>\u00a0The police or administrative authority or the Public Prosecutor&#039;s Office may request that connection records be kept for a period longer than that provided for in the\u00a0<strong>caput<\/strong>.<\/p>\n<p>\u00a7 3<sup>The<\/sup>\u00a0In the case of \u00a7 2<sup>The<\/sup>, the requesting authority will have a period of 60 (sixty) days, counted from the date of the request, to file the request for judicial authorization to access the records provided for in\u00a0<strong>caput<\/strong>.<\/p>\n<p>\u00a7 4<sup>The<\/sup>\u00a0The provider responsible for keeping the records must maintain confidentiality in relation to the request provided for in \u00a7 2<sup>The<\/sup>, which will lose its effectiveness if the request for judicial authorization is rejected or has not been filed within the period provided for in \u00a7 3<sup>The<\/sup>.<\/p>\n<p>\u00a7 5<sup>The<\/sup>\u00a0In any case, the availability of the records mentioned in this article to the applicant must be preceded by judicial authorization, as provided in Section IV of this Chapter.<\/p>\n<p>\u00a7 6<sup>The<\/sup>\u00a0In the application of sanctions for non-compliance with the provisions of this article, the nature and severity of the infraction, the resulting damages, any advantage gained by the violator, the aggravating circumstances, the violator&#039;s background and recidivism will be considered.<\/p>\n<p><strong>Subsection II<br \/>\nKeeping Records of Access to Internet Applications in Connection Provision<\/strong><\/p>\n<p>Art. 14. In the provision of connection, whether onerous or free, it is forbidden to keep records of access to internet applications.<\/p>\n<p><strong>Subsection III<br \/>\nKeeping Records of Access to Internet Applications in the Provision of Applications<\/strong><\/p>\n<p>Art. 15. The internet application provider constituted as a legal entity and that carries out this activity in an organized, professional and economic way must keep the respective records of access to internet applications, under secrecy, in a controlled and security environment, for a period of 6 (six) months, under the terms of the regulation.<\/p>\n<p>\u00a7 1<sup>The<\/sup>\u00a0A court order may oblige, for a certain time, providers of internet applications that are not subject to the provisions of<strong>\u00a0caput\u00a0<\/strong>to keep records of access to internet applications, as long as they are records related to specific facts in a specific period.<\/p>\n<p>\u00a7 two<sup>The<\/sup>\u00a0The police or administrative authority or the Public Prosecutor&#039;s Office may, in a precautionary way, request any internet application provider that the records of access to internet applications be kept, including for a period longer than that provided for in the\u00a0<strong>caput<\/strong>, subject to the provisions of \u00a7\u00a7 3<sup>The<\/sup>\u00a0and 4<sup>The<\/sup>\u00a0of art. 13.<\/p>\n<p>\u00a7 3<sup>The<\/sup>\u00a0In any case, the availability of the records mentioned in this article to the applicant must be preceded by judicial authorization, as provided in Section IV of this Chapter.<\/p>\n<p>\u00a7 4<sup>The<\/sup>\u00a0In the application of sanctions for non-compliance with the provisions of this article, the nature and severity of the infraction, the resulting damages, any advantage gained by the violator, the aggravating circumstances, the violator&#039;s background and recidivism will be considered.<\/p>\n<p>Art. 16. In the provision of internet applications, whether for a fee or free of charge, custody is prohibited:<\/p>\n<p>I \u2013 access records to other internet applications without the data subject having previously consented, in compliance with the provisions of art. 7<sup>The<\/sup>; or<\/p>\n<p>II \u2013 personal data that are excessive in relation to the purpose for which consent was given by the holder.<\/p>\n<p>Art. 17. With the exception of the hypotheses provided for in this Law, the option not to keep records of access to internet applications does not imply liability for damages resulting from the use of these services by third parties.<\/p>\n<p><strong>Section III<br \/>\nLiability for Damage Resulting from Content Generated by Third Parties<\/strong><\/p>\n<p>Art. 18. The internet connection provider will not be held liable for damages resulting from content generated by third parties.<\/p>\n<p>Art. 19. In order to ensure freedom of expression and prevent censorship, the internet application provider can only be held civilly liable for damages resulting from content generated by third parties if, after a specific court order, it does not take steps to, within the scope of and within the technical limits of its service and within the period indicated, make the content identified as infringing unavailable, except for the legal provisions to the contrary.<\/p>\n<p>\u00a7 1<sup>The<\/sup>\u00a0The court order dealing with the\u00a0<strong>caput\u00a0<\/strong>must contain, under penalty of nullity, clear and specific identification of the content identified as infringing, which allows the unequivocal location of the material.<\/p>\n<p>\u00a7 two<sup>The<\/sup>\u00a0The application of the provisions of this article to infringements of copyright or related rights depends on a specific legal provision, which must respect freedom of expression and other guarantees provided for in art. 5<sup>The<\/sup>\u00a0of the Federal Constitution.<\/p>\n<p>\u00a7 3<sup>The<\/sup>\u00a0Cases that deal with compensation for damages resulting from content made available on the internet related to honor, reputation or personality rights, as well as the unavailability of such content by internet application providers, may be brought before special courts.<\/p>\n<p>\u00a7 4<sup>The<\/sup>\u00a0The judge, including in the procedure provided for in \u00a7 3<sup>The<\/sup>, may anticipate, in whole or in part, the effects of the protection sought in the initial request, there being unequivocal proof of the fact and considering the interest of the community in making the content available on the internet, provided that the requirements of verisimilitude of the author&#039;s claim and well-founded fear are present. irreparable or difficult to repair damage.<\/p>\n<p>Art. 20. Whenever you have contact information for the user directly responsible for the content referred to in art. 19, it will be up to the internet application provider to communicate the reasons and information related to the unavailability of content, with information that allows the adversary and the full defense in court, unless express legal provision or express judicial determination substantiated to the contrary.<\/p>\n<p>Single paragraph. When requested by the user who made the content unavailable, the internet application provider that carries out this activity in an organized, professional and economic manner will replace the content made unavailable due to the motivation or court order that gave rise to the unavailability.<\/p>\n<p>Art. 21. The provider of internet applications that provides content generated by third parties will be held liable for the violation of privacy resulting from the disclosure, without authorization of its participants, of images, videos or other materials containing scenes of nudity or sexual acts of a character when, after receiving notification by the participant or his legal representative, he fails to promote, in a diligent manner, within the scope and technical limits of his service, the unavailability of this content.<\/p>\n<p>Single paragraph. The notification provided for in\u00a0<strong>caput<\/strong>\u00a0must contain, under penalty of nullity, elements that allow the specific identification of the material identified as violating the participant&#039;s privacy and the verification of the legitimacy for the submission of the request.<\/p>\n<p><strong>Section IV<br \/>\nJudicial Requisition of Records<\/strong><\/p>\n<p>Art. 22. The interested party may, for the purpose of forming a body of evidence in a civil or criminal judicial proceeding, on an incidental or autonomous basis, request the judge to order the person responsible for the guard to provide connection records or access records to Internet.<\/p>\n<p>Single paragraph. Without prejudice to other legal requirements, the application must contain, under penalty of inadmissibility:<\/p>\n<p>I \u2013 well-founded evidence of the occurrence of the illicit act;<\/p>\n<p>II \u2013 reasoned justification of the usefulness of the requested records for the purpose of investigation or evidentiary instruction; and<\/p>\n<p>III \u2013 period to which the records refer.<\/p>\n<p>Art. 23. It is up to the judge to take the necessary measures to guarantee the confidentiality of the information received and to preserve the privacy, private life, honor and image of the user, being able to determine judicial secrecy, including with regard to requests for record keeping.<\/p>\n<p>CHAPTER IV<br \/>\nTHE PERFORMANCE OF THE PUBLIC POWER<\/p>\n<p>Art. 24. The following are guidelines for the performance of the Union, the States, the Federal District and the Municipalities in the development of the internet in Brazil:<\/p>\n<p>I \u2013 establishment of multi-stakeholder, transparent, collaborative and democratic governance mechanisms, with the participation of the government, the business sector, civil society and the academic community;<\/p>\n<p>II \u2013 promotion of the rationalization of the management, expansion and use of the internet, with the participation of the Internet Management Committee in Brazil;<\/p>\n<p>III \u2013 promotion of the rationalization and technological interoperability of electronic government services, between the different Powers and spheres of the Federation, to allow the exchange of information and the celerity of procedures;<\/p>\n<p>IV \u2013 promotion of interoperability between different systems and terminals, including between different federative spheres and different sectors of society;<\/p>\n<p>V \u2013 preferential adoption of open and free technologies, standards and formats;<\/p>\n<p>VI \u2013 publicity and dissemination of public data and information, in an open and structured manner;<\/p>\n<p>VII \u2013 network infrastructure optimization and stimulus to the implementation of data storage, management and dissemination centers in the country, promoting technical quality, innovation and dissemination of internet applications, without prejudice to openness, neutrality and participatory nature ;<\/p>\n<p>VIII \u2013 development of actions and training programs for the use of the internet;<\/p>\n<p>IX \u2013 promotion of culture and citizenship; and<\/p>\n<p>X \u2013 provision of public services to the citizen in an integrated, efficient, simplified manner and through multiple access channels, including remote ones.<\/p>\n<p>Art. 25. Internet applications from public authorities must seek:<\/p>\n<p>I \u2013 compatibility of e-government services with different terminals, operating systems and applications for access;<\/p>\n<p>II \u2013 accessibility to all interested parties, regardless of their physical-motor, perceptive, sensory, intellectual, mental, cultural and social capacities, subject to confidentiality aspects and administrative and legal restrictions;<\/p>\n<p>III \u2013 compatibility with both human reading and automated processing of information;<\/p>\n<p>IV \u2013 ease of use of electronic government services; and<\/p>\n<p>V \u2013 strengthening of social participation in public policies.<\/p>\n<p>Art. 26. Fulfillment of the State&#039;s constitutional duty to provide education, at all levels of education, includes training, integrated with other educational practices, for the safe, conscious and responsible use of the internet as a tool for the exercise of citizenship, the promotion of culture and technological development.<\/p>\n<p>Art. 27. Public initiatives to foster digital culture and promote the internet as a social tool should:<\/p>\n<p>I \u2013 promote digital inclusion;<\/p>\n<p>II \u2013 seek to reduce inequalities, especially between the different regions of the country, in terms of access to information and communication technologies and their use; and<\/p>\n<p>III \u2013 encourage the production and circulation of national content.<\/p>\n<p>Art. 28. The State must, periodically, formulate and promote studies, as well as set goals, strategies, plans and schedules, referring to the use and development of the Internet in the Country.<\/p>\n<p>CHAPTER V<br \/>\nFINAL DISPOSITIONS<\/p>\n<p>Art. 29. The user will have the option of free choice in the use of a computer program in his terminal to exercise parental control of content understood by him as inappropriate for his minor children, provided that the principles of this Law and the\u00a0<a href=\"http:\/\/www.planalto.gov.br\/CCIVIL_03\/LEIS\/L8069.htm\">Law no.<sup>The<\/sup>\u00a08069, of July 13, 1990<\/a>\u00a0- Child and Adolescent Statute.<\/p>\n<p>Single paragraph. It is up to the public authorities, together with internet connection and application providers and civil society, to promote education and provide information on the use of computer programs provided for in the\u00a0<strong>caput<\/strong>, as well as for the definition of good practices for the digital inclusion of children and adolescents.<\/p>\n<p>Art. 30. The defense of the interests and rights established in this Law may be exercised in court, individually or collectively, in accordance with the law.<\/p>\n<p>Art. 31. Until the entry into force of the specific law provided for in \u00a7 2<sup>The<\/sup>\u00a0of art. 19, the liability of the internet application provider for damages resulting from content generated by third parties, in the case of infringement of copyright or related rights, will continue to be governed by the copyright legislation in force on the date of entry into force of this Law. .<\/p>\n<p>Art. 32. This Law enters into force 60 (sixty) days after its official publication.<\/p>\n<p>Brasilia, April 23, 2014; 193<sup>The<\/sup>\u00a0of Independence and 126<sup>The<\/sup>\u00a0of the Republic.<\/p>\n<p>DILMA ROUSSEFF<br \/>\n<em>Jose Eduardo Cardozo<br \/>\nMiriam Belchior<br \/>\nPaulo Bernardo Silva<br \/>\nClelio Campolina Diniz<\/em><\/p>\n<p>This text does not replace the one published in the DOU of 24.4.2014<\/p>\n<p>*<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p><\/blockquote>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Source: <a title=\"http:\/\/agenciabrasil.ebc.com.br\/geral\/noticia\/2014-04\/entenda-o-marco-civil-da-internet\" href=\"http:\/\/agenciabrasil.ebc.com.br\/geral\/noticia\/2014-04\/entenda-o-marco-civil-da-internet\" target=\"_blank\">http:\/\/agenciabrasil.ebc.com.br\/geral\/noticia\/2014-04\/entenda-o-marco-civil-da-internet<\/a><\/strong><\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Helena Martins \u2013 Ag\u00eancia Brasil Reporter Edition: Carolina Pimentel The Civil Rights Framework for the Internet was appointed as a global reference for legislation that should deal with the world wide web, during the NetMundial \u2013 Global Multisectoral Meeting on the Future of Internet Governance, which brought together governments, companies, experts and activists in discussions about the future of the network.\u2026<\/p>","protected":false},"author":1,"featured_media":485,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[242,243,240,239,241,238],"class_list":["post-484","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias","tag-12-965","tag-243","tag-civil-marco","tag-internet-marco-civil","tag-lei-12-965","tag-marco-civil-da-internet"],"_links":{"self":[{"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/posts\/484","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/comments?post=484"}],"version-history":[{"count":4,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/posts\/484\/revisions"}],"predecessor-version":[{"id":489,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/posts\/484\/revisions\/489"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/media\/485"}],"wp:attachment":[{"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/media?parent=484"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/categories?post=484"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/speedwebdesigner.net\/en\/wp-json\/wp\/v2\/tags?post=484"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}