The Marco Civil da Internet and Digital Constitutionalism

2020 ◽  
pp. 189-213
Author(s):  
Luiz Fernando Marrey Moncau ◽  
Diego Werneck Arguelhes
Keyword(s):  
Civil Society ◽  
Civil Rights ◽  
The Internet ◽  
Bill Of Rights ◽  
Digital Environment ◽  
The Law ◽  
Intermediary Liability

Between 2009 and 2014, Brazilian civil society groups and government engaged with and ultimately approved the Marco Civil da Internet (Civil Rights Framework for the Internet). The MCI, which has been considered by some as a ‘Constitution of the Internet’ or as an ‘Internet Bill of Rights’, created a broad set of principles and norms, as well as specific rules, that articulate rights and limitations on the exercise of power on the internet. But how does the MCI measure against the backdrop of global debates on digital constitutionalism? To what extent and in what ways can the enactment of the MCI be considered a landmark for the constitutionalization of the digital environment? This chapter, in order to address those questions, will review the intermediary liability regime before the MCI, the process of approval of the MCI, and how the law is being implemented in practice. Finally, it will analyse the MCI in the light of digital constitutionalism theories.

scholarly journals Na autorytarnym kursie

Politeja ◽  
2021 ◽  
Vol 18 (6(75)) ◽  
pp. 199-217
Author(s):  
Konrad Kołodziejski
Keyword(s):  
Civil Rights ◽  
Freedom Of Speech ◽  
Economic Situation ◽  
The Internet ◽  
Social Activities ◽  
Complete Elimination ◽  
Public Meetings ◽  
Civic Activity ◽  
Legal Restriction ◽  
The Law

An Authoritarian Course: The Restriction of Civil Rights in Russia after 2012 This article regards the issue of Russian civil rights legislation, which has become very repressive after 2012. It focuses on legal restriction of all political and social activities that are beyond the control of the authorities, in particular the freedom of public meetings. Another goal of the Kremlin's repressive policy is the Internet, which has become the only space for freedom of speech in Russia. The new legislation tries to prevent this by two mechanisms: censorship and self-censorship. The consistent restriction of freedom of speech in Russia proves the growing anxiety of the ruling group, which fears that in the conditions of the deteriorating economic situation, it may lose control over public mood. The analysis of the legislation against civil rights in Russia shows that in recent years the scope of these rights has been constantly reduced. This leads to the conclusion that the main goal of the discussed changes in the law is the complete elimination of independent civic activity perceived as one of the main threats to the authorities.

scholarly journals O MARCO CIVIL DA INTERNET NO BRASIL: DIREITOS, DEVERES E PROGRAMAS

2015 ◽  
Vol 15 (1) ◽  
Author(s):  
Marcelo Doval Mendes
Keyword(s):  
Civil Rights ◽  
Literature Review ◽  
Freedom Of Expression ◽  
Good Time ◽  
The Internet ◽  
The Core ◽  
Keywords Internet ◽  
The Law ◽  
Use Of The Internet ◽  
Made In

O artigo objetiva analisar a Lei n� 12.965/2014, que disciplinou o uso da Internet no Brasil. Com base na interpreta��o de seus dispositivos, na revis�o da literatura e na observa��o da jurisprud�ncia, o estudo centra-se em tr�s aspectos do denominado marco civil da Internet: os direitos garantidos, os deveres institu�dos e os programas almejados. Quanto aos direitos, o foco est� nos usu�rios, tra�ando um panorama geral e abordando especificamente as d�vidas quanto � inviolabilidade das comunica��es via Internet face �s disposi��es constitucionais pertinentes. Quanto aos deveres, os objetos s�o a manuten��o dos registros pelos servidores e sua responsabiliza��o civil, estabelecendo-se compara��o com o quadro jurisprudencial anterior ao diploma legal. Finalmente, quanto aos programas, o cerne da discuss�o � o desejado sopesamento legislativo de princ�pios constitucionais, com o debate sobre a preval�ncia da liberdade de express�o. Na conclus�o, destacam-se a boa hora em que veio a legisla��o e sua feitura no melhor espa�o para regula��es desse tipo, o Parlamento. Sem preju�zo, s�o apresentadas as preocupa��es quanto a poss�veis restri��es de direitos, quanto a formas de fiscaliza��o do cumprimento dos deveres e quanto � necess�ria densifica��o de conte�dos das normas ainda abertas do diploma. Palavras-chave: Internet. Marco civil. Brasil Abstract: The article analyzes the Law No. 12.965/2014, which regulates the use of the Internet in Brazil. Based on the interpretation of its provisions, the literature review, and observation of jurisprudence, the study focuses on three aspects of the called civil rights framework for Internet: guaranteed rights, imposed obligations and targeted programs. With regard to rights, the focus is on users, tracing an overview and specifically addressing questions concerning the inviolability of Internet communications under the related constitutional provisions. With respect to obligations, the objects are the maintenance of records by servers and their civil liability, comparing the new law and the previous jurisprudential framework. Finally, regarding the programs, the core of the discussion is the desired legislative assessment of constitutional principles, paying attention to the debate over the prevalence of freedom of expression. In conclusion, the highlights are the good time of the legislation and the fact that it was made in the best space for such regulations, the Parliament. Notwithstanding, the article presents concerns about possible restrictions of rights, forms of the enforcement of obligations and required densification of the contents of the law. Keywords: Internet. Civil Rights Framework. Brazil.

Internet Jurisdiction and Intermediary Liability

2020 ◽  
pp. 689-708
Author(s):  
Dan Jerker B. Svantesson
Keyword(s):  
Law Enforcement ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Applicable Law ◽  
The Third ◽  
Law Enforcement Agency ◽  
User Data ◽  
The Law ◽  
Intermediary Liability ◽  
Geographical Scope

This chapter seeks to set the scene and make some proposals for how we may make progress in the field of internet jurisdiction. For this purpose, the chapter will focus on three examples where the matter of internet jurisdiction is a major concern for internet intermediaries. The first relates to the validity of the terms of service that internet intermediaries typically impose on their users, and which typically contain important provisions regarding jurisdiction and applicable law. The second example relates to situations in which law enforcement agencies seek access to user data held by internet intermediaries. Such situations give rise to important matters of jurisdiction, not only where the requesting law enforcement agency and the internet intermediary are based in different countries, but may also—as was illustrated in the well-known Microsoft Warrant case—give rise to such issues where the requested data is stored outside the country in which both the law enforcement agency and the internet intermediary are based. The third example relates to the matter of geographical scope where an internet intermediary is required to remove, block, take down, delist, de-index, or de-reference content.

scholarly journals A presença do Estado na rede: Marco Civil da Internet e reforma da Lei de Direito Autoral | The presence of the State on the web: the Civil Rights Framework for the Internet and reform of Copyright Legislation

2016 ◽  
Vol 12 (1) ◽  
Author(s):  
Raphael Silveiras ◽  
Gilda Portugal Gouvêa
Keyword(s):  
Civil Society ◽  
Civil Rights ◽  
Copyright Law ◽  
The State ◽  
Public Consultation ◽  
The Internet ◽  
Brazilian Government ◽  
Public Consultations ◽  
The Web ◽  
The Way

RESUMO Este artigo lida com a atuação do Estado brasileiro e da sociedade civil na Internet a partir de duas consultas públicas realizadas no Brasil através da rede mundial de computadores: Marco Civil da Internet e reforma da Lei de Direito Autoral. O foco se concentra principalmente, mas não de modo exclusivo, na atuação do Estado, em especial no modo como ele exerceu o poder nesses espaços de consulta à sociedade. Analisa-se a conjuntura em que essas consultas públicas foram realizadas, o desenvolvimento de ambas e parte de seus desdobramentos em um passado recente, pois esse processo está em movimento.Palavras-chave: Poder; Estado; Internet; Consulta Pública.ABSTRACT This analyses the role played by the Brazilian government and civil society on the Internet based on  two public consultations held in Brazil on the web: the Civil Rights Framework for the Internet and the reform of the Copyright Law. The focus is primarily, but not exclusively, on the performance of the State, particularly regarding the way it exercised power while consulting society. This paper analyzes the context in which these public consultations were held, the development of both and their recent outcomes.Keywords: Power; State Internet; Public Consultation.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

From Property Rights to Liberty Rights: We the Corporations, A Review Essay

2021 ◽  
Vol 95 (2) ◽  
pp. 335-340
Author(s):  
Laura Phillips Sawyer
Keyword(s):  
Civil Rights ◽  
Civil Liberties ◽  
Political Process ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
State Action ◽  
Unequal Treatment ◽  
The People ◽  
The Right ◽  
We The People

A long-standing, and deeply controversial, question in constitutional law is whether or not the Constitution's protections for “persons” and “people” extend to corporations. Law professor Adam Winkler's We the Corporations chronicles the most important legal battles launched by corporations to “win their constitutional rights,” by which he means both civil rights against discriminatory state action and civil liberties enshrined in the Bill of Rights and the Constitution (p. xvii). Today, we think of the former as the right to be free from unequal treatment, often protected by statutory laws, and the latter as liberties that affect the ability to live one's life fully, such as the freedom of religion, speech, or association. The vim in Winkler's argument is that the court blurred this distinction when it applied liberty rights to nonprofit corporations and then, through a series of twentieth-century rulings, corporations were able to advance greater claims to liberty rights. Ultimately, those liberty rights have been employed to strike down significant bipartisan regulations, such as campaign finance laws, which were intended to advance democratic participation in the political process. At its core, this book asks, to what extent do “we the people” rule corporations and to what extent do they rule us?

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