Marco Civil em Inglês

Article 3. Internet regulation in Brazil shall have the following principles:

• I – safeguarding freedom of speech, communication, and manifestation of thought, in
  the terms of the Constitution;
• II – the protection of privacy;
• III – the protection of personal data, in accordance to the law;
• IV – the preservation and safeguarding of net neutrality, in compliance with further
  regulation;
• V – preservation of the stability, security and functionality of the network, by means of
  technical practices compatible with international standards, as well as the incentive for
  the use of best practices;
• VI – liability of agents in correspondence to their activities, in accordance to the law;
  and
• VII – the preservation of the participatory nature of the Internet.

Article 5. For the purposes of this law, the following definitions apply:

• I – Internet: the system constituted by logical protocols, globally scaled for public and
  unrestricted use, allowing the communication of data between terminals through
  different networks;
• II – terminal: a computer or any device that connects to the Internet;
• III – autonomous system administrator: the individual or the legal entity that
  administrates Internet Protocols address blocks – specific IPs and their autonomous
  system routing, duly registered in the Regional Internet Registry responsible for the
  registries and distributions of IP addresses geographically related to the Country;
• IV – IP address: the code assigned to a network terminal with the objective of
  allowing its identification, defined according to international standards;
• V – Internet connection: the authorization for a terminal to send and receive data
  packages over the Internet, through the attribution and authentication of an IP address;
• VI – connection logs: the information referring to the date and the time of the
  beginning and end of an Internet connection, its duration and the IP address used by
  the terminal for sending and receiving data packages;
• VII – Internet applications: the group of functionalities that can be accessed by a
  terminal connected to the Internet; and
• VIII – Internet application access logs: the information regarding the date and time of
  use, from a determined IP address, of a specific Internet.

Article 7. Access to the Internet is essential for the exercise of citizenship, and the
following rights are secured to its users:

• I – the non-violation and secrecy of communications on the Internet, except under
  judicial order, in the hypotheses and form established by law, for criminal
  investigations or the gathering of evidence for criminal procedures;
• II – the non suspension of Internet connections, except for debts directly related to
  their use;
• III – the maintenance of the contracted quality of Internet connections, with 
• observance of article 9;
• IV – clarity and thoroughness of information in contracts for Internet services, with
  explicit mention of the applicable regimes for data protection, connection logs and
  Internet application access logs, as well as to network management practices that can
  affect the quality of the offered services; and
• V – the non-disclosure, to third parties, of connection logs and Internet application
  access logs, except if the user’s consent is obtained, or in the circumstances determined
  by law

Article 8. The preservation of the right to privacy and freedom of expression in
communications is a condition for the full exercise of the right to Internet access.

Article 9. The party responsible for the transmission, switching or routing of data has
the obligation of granting equal treatment to every data package, with no distinction by
content, origin and destination, service, terminal or application; any traffic
discrimination or degradation that does not arise out of the technical requirements
necessary to the adequate provision of services is prohibited, in accordance to further
regulation.

Sole Paragraph. In the provision of Internet connection services, it is prohibited to
monitor, filter, analyze or supervise the content of data packages, except in the
circumstances allowed by the law.

Article 10. The storage and disclosure of the connection logs and Internet application
access logs regulated by this law must preserve intimacy, private life, the reputation
and image of the parties directly or indirectly involved.

• §1º The Internet service provider responsible for the storage of logs will only be
  constrained to disclose the information that allows the identification of the user under a
  judicial order, in the terms set by Section IV of this Chapter.
• §2º Procedures for security and secrecy must be clearly informed by the Internet
  service provider responsible for the connection services, and must comply with
  standards defined in further regulation.
• §3º The obligation of secrecy established by article 10 subjects violators to the civil,
  criminal, and administrative sanctions established by the law.

Subsection I
On the storage of connection logs

Article 11. In the provision of Internet connection services, the administrator of the
corresponding autonomous system has the obligation to maintain the connection logs confidentially, in a secured and controlled environment, for a period of one year, in the
terms of further regulation.

• §1º The responsibility for the storage of connection registries must not be transferred to
  third parties.
• §2º The police and administrative authorities may require, ad cautelam, the storage of
  connection logs for a longer period than the one established in this law.
• §3º In the hypothesis of §2º, the requesting authority will have the period of sixty days,
  counted from the requirement, to request for judicial order to access the logs mentioned
  in article 11.
• §4º The Internet service provider responsible for the storage of the logs must keep
  secrecy of §2º requests, which will lose their efficacy in case the judicial order is not
  granted, or if their access was not petitioned within the period of time established by
  §3º.

Article 12. In the provision of Internet connections, gratuitous or paid, it is prohibited to
store Internet application access logs.

Article 13. In the provision of Internet application services, it is permitted to store the
user access logs, as long as article 7 is respected.

• §1º The decision not to store Internet application access logs does not ensue liability for
  harm arising from the use of these services by third parties.
• §2º A judicial order can determine, during a given period, the storage of Internet
  application access logs, as long they relate to specific facts within a determined time
  frame; the disclosure of the these logs shall follow the conditions set by Section IV of
  this Chapter.
• §3º In observance of §2º, police or administrative authorities may require, ad cautelam,
  the storage of Internet application access logs, following the procedure and terms of §3º
  and §4º of Article 11.

Section III
On the liability for damage caused by content generated by third parties

Article 14. Internet connection providers shall not be responsible for damage arising
from content generated by third parties.

Article 15. Except otherwise established by law, Internet application providers can only
be responsible for the damages caused by content generated by third parties if, after
receiving a specific judicial order, they do not take action to, in the context of their
services and under the established time frame, make unavailable the infringing content.

Sole Paragraph. The judicial order must contain a clear and specific identification of
the infringing content, allowing for the correct localization of the material, under
penalty of losing validity.

Article 17. Interested parties may, for the purpose of gathering evidence in civil and
criminal proceedings, of either accidental or autonomous nature, request a judge to order
the party responsible for storing Internet service access logs, or connection logs, to
disclose these logs.

Sole Paragraph. Without prejudice of other legal requirements, the application shall
contain, under penalty of not being admissible:

• I –solid evidence of the occurrence of an illegal act;
• II – a motivated justification for the utility of accessing the requested logs, for the
  purposes of investigation or the gathering of evidence;
• III – the period that the logs refer to.

Article 19. The Federal Union, States, Cities and Federal District of Brasilia shall be
guided by the following directives in the development of the Internet in Brazil:

• I – the establishment of transparent, collaborative, and democratic mechanisms of
  governance, with the participation of the various sectors of society;
• II – the promotion of interoperable technology for e-government services in the
  different levels of the Federation, in order to allow the exchange of information and
  streamlining of procedures; 
• III – the promotion of interoperability between different systems and terminals,
  especially among different levels of the Federation and several sectors of society;
• IV – the preferential adoption of open and free technologies, standards and formats;
• V – the disclosure and dissemination of public data and information in an open and
  structured manner;
• VI – the optimization of network infrastructure, the promotion of technical quality,
  innovation, and the dissemination of Internet applications, without impairing the open,
  neutral and participatory nature of the Internet;
• VII – the development of initiatives and education programs concerning the use of the
  Internet; 
• VIII – the promotion of culture and citizenship; and
• IX – the provision of public services for citizens in integrated, efficient and simplified
  fashion, through multiple communication channels.

Article 20. Government Internet sites and portals shall strive for:

• I – the compatibility of e-government services with the various terminals, operating
  systems and applications used to access them;
• II – accessibility for all interested parties, regardless of their physical, motor, cognitive,
  cultural, and social skills, provided that confidentiality issues and legal and
  administrative regulations are respected;
• III – compatibility with both human reading and automated processing of information;
• IV – ease of use of electronic government services; and
• V – the strengthening of social participation in public policy.

Article 22. Public initiatives to promote digital literacy and the use of Internet as a
social tool must:

• I – promote the digital inclusion;
• II – seek to reduce inequality in the access to information and communication
  technologies and their use, especially between different regions of the Country; and
• III – foster the production and circulation of national content.

Article 24. The protection of interests and rights established at this law may be
exercised in court, individually and collectively, in the terms of the law.

Article 25. This Law shall enter into force sixty days after its publication.

Brasília,

EMI Nº 00086 – MJ/MP/MCT/MC

Brasília, April 25th
of 2011