Afrique Asie Europe Moyen-Orient Internet Nations unies
 
Brazil23 July 2008

Legislators urged to oppose cyber-crime bill likely to threaten online free expression

(PNG) Reporters Without Borders is worried about the impact of a proposed law on cyber-crime, adopted by the Senate on july 9th 2008, that will be submitted to the Chamber of Deputies in the next few days. The press freedom organisation calls on deputies to clarify the bill’s wording so as to safeguard online free expression.

The bill would punish 13 computer activities:

1 - non-authorized access to an information device or automated system

2 - obtaining, transferring or providing of non-authorized data or information

3 - disclosure or misuse of personal information and data

4 - destroying, making unusable or degrading other people’s objects or electronic data

5 - introducing and distributing viruses

6 - severer sentencing for introducing or distributing of viruses followed by damage

7 - electronic deception (phishing)

8 - attack on security service or public utility

9 - interruption or disruption of telephone, telegraph computer, or electronic services, communication device, computer networks or computer system

10 - falsification of electronic public data and

11 - falsification of private electronic data (credit card and mobile phone cloning, for example)

12 - discriminating against people regarding race or color disseminated through computer networks (amendment to the Afonso Arinos Law)

13 - receiving or storing pictures with pedophile content (amendment to the Child and Adolescent Statute).

(PNG) “This bill is potentially dangerous for online free expression,” Reporters Without Borders said. “It reinforces surveillance of the Internet and provides for penalties of up to three years in prison without any precision as to how they should be applied. It is still loosely worded although amendments have been made in the three years since it was first introduced. We urge deputies to examine it closely, in order to clarify its content and ensure that online free expression is guaranteed.”

Introduced by Eduardo Azeredo (PSDB-MG) in 2005, the bill is to go before the Chamber of Deputies for adoption of the latest amendments before being submitted to the full Chamber for a vote in the coming weeks.

A senate press relations bureau release on 10 July said: “This law will not be applied to those who use the Internet correctly, including those who download music, talk on chat platforms, write their views on a blog, search for information or any other similar activity. A good Internet user will not be punished. Only the growing security that we are developing as regards technology use will change Internet usage.”

Reporters Without Borders calls on deputies to define the “correct” way to use the Internet and the methods that will be used to establish “growing security” online. Under articles 285-A and B, anyone “accessing a computer network, communication device or informatics system by means of a breach of security” or “obtaining or transferring protected data or information without authorization or in breach of the authorization of the legitimate holder of computer networks, communication devices or informatics systems” could get one to three years in prison.

(PNG) “What is meant by ‘data’ in this bill?” Reporters Without Borders asked. “Does an email address count as data? Does an online post count as data? What happens to an Internet user who unwittingly transmits a virus? The possibility of being imprisoned for ‘transferring’ data would have a dramatic impact on online free expression.”

The organisation added: “We understand that legislators want to combat online paedophilia and piracy but we urged them to clearly define the punishable offences so that Internet users can be aware of the legal limits to what they do.”

Article 22 of Chapter V concerning “crimes performed against or through a computer network, communication device or informatics system,” says ISPs must “confidentially inform the competent authority about received complaints containing evidence of the perpetration of a crime” on the Internet.

Reporters Without Borders urges deputies to clarify what ISPs must tell the “competent authority” and what powers this authority has.

Read an English translation of the bill

Sign an online petition (in Portuguese) calling for more transparency in this bill

Iconography by Nick Ellis



In this country
1 May - Brazil
Victory as federal supreme court repeals dictatorship era press law
12 December - Brazil
Four new arrests in investigation into abduction of O Dia employees
3 September - Brazil
Call for boost to media safety ahead of elections after journalist injured in Mato Grosso do Sul state
9 July - Brazil
A Folha de São Paulo and Veja win appeal against “premature electoral propaganda” fines
23 June - Brazil
Shots fired at Manaus daily after stories about another Amazon city’s corruption links

in the annual report
Brazil - Annual Report 2008
Brazil - Annual report 2007
Brazil - Annual report 2006


reports
14 March 2008 - Cuba
No surrender by independent journalists, five years on from “black spring”
5 June 2007 - Venezuela
Closure of Radio Caracas Televisión consolidates media hegemony
22 May 2007 - Colombia
Paramilitary "black eagles" poised to swoop down on press
archives

Americas press releases
3 June - United States
President Obama urged to raise freedom of expression in his Cairo speech
29 May - Venezuela
Open letter to President Hugo Chavez to protest about official hounding of Globovisión
27 May - Mexico
Crime reporter abducted and killed in Durango state
20 May - Cuba
Anyone can browse the Internet... unless they are Cuban
15 May - Cuba
Journalist gets three-year jail sentence

Americas archives
2009 archives
2008 archives
2007 archives
2006 archives
2005 archives
2004 archives
2003 archives
2002 archives
2001 archives
2000 archives

Sign the petitions
Cuba
Miguel Galván Gutiérrez
Cuba
Fabio Prieto Llorente
United States
Chauncey Bailey
A petition to Raúl Castro