The Internet Constitution: necessary?

Brazil’s novel and highly praised Marco Civil da Internet, essentially an Internet Constitution, has cleared the house and is becoming law. The new law addresses freedom, privacy, and net neutrality and has been in the works since 2009. The recent issues between the NSA and Brazil spurred Dilma to put the bill before the house, where it passed despite some backlash. Prior to the bill there were no specific rules about how ISPs (internet service providers) were required to hold and retain data. Now, the law requires ISPs to hold user data for six months, which will significantly change the practices of some ISPs who, when unregulated, held user data for numerous years. In addition, the law will ensure freedom of speech on the internet, a factor which has been exceedingly popular among the younger generation. Check out some other specifics about the bill here. 

So what does this have to do with ICT and our class? We’ve been discussing the web a lot recently, and it has increasingly become both a powerful mechanism to be used for development, but also a huge threat to national security, sovereignty, and freedom of speech. Especially after Snowden and the NSA occurrences, many nations are a little on edge, especially booming nations like Brazil. Taking steps which establish rules and regulations for things like privacy protection, freedom of speech, and neutrality is indicative of a nation which is both recognizing its erstwhile faults regarding the web and its usage, and taking the initiative to address those faults before they become the source of a national catastrophe. Establishing regulations for privacy on the Brazilian web will allow users a sense of security that Americans are now starting to question, despite having pre-existing rules (though perhaps not all followed) regarding these issues.

But what about developing countries who are leap-frogging to the internet age without time to develop precautionary and protective regulations or measures? These countries have been placed at a huge risk and will need to catch up fast in order to ensure the safety of their citizens and the privacy and security of their citizen’s information. It looks like this leap-frog will have to be followed by an even bigger leap-frog.

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One response to “The Internet Constitution: necessary?

  • areed2014

    I am glad that you have brought up the issue of internet protection for developing countries within the context of their “leap frog” entrance to technology because it shows how imperative it is to recognize the implications of online freedoms and securities. I am interested to see how an internet constitution plays out in Brazil because we will start to see how defining the limits and usage of an online presence are applicable to non-virtual individual and national protection.

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