[A2k] Downloading files from the Internet to become a crime in Brazil

[Pedro Moniz]

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[ Picked text/plain from multipart/alternative ]
http://www.a2kbrasil.org.br/ENG/Downloading-files-from-the

Downloading files from the Internet could become a crime in
Brazil<http://www.a2kbrasil.org.br/ENG/Downloading-files-from-the>
Thursday 3 July 2008

"Downloading files from the Internet to become a crime". According to
professors from FGV, a bill currently at Senate could criminalize net users
who download [content] without prior authorization. A brief [authored by th=
e
professors] claims that the bill may affect even mobile phone owners who
unlock their devices.

*Folha de S=E3o Paulo*<http://www1.folha.uol.com.br/folha/informatica/ult12=
4u418749.shtml%7D%7D>
*, 03 July 2008 ELVIRA LOBATO, RIO DE JANEIRO*

*A bill about electronic crimes, or cybercrimes, about to be voted at Senat=
e
could result in the mass criminalization of Internet users who engage into
file sharing (of music, text and video) without prior authorization from
rights holders.*

*This is the opinion of six professors from Funda=E7=E3o Getulio Vargas' La=
w
School, written in a brief released in Rio. According to the professors, th=
e
bill would have consequences reaching well beyond the realm of the Internet=
.
Given the breadth of the wording used in the draft law, it could affect eve=
n
mobile phone owners who unlock their devices. Brazil has 130 million cell
phones.*

*Signing the brief were Ronaldo Lemos, Carlos Affonso Pereira de Souza,
Pedro Nicoletti Miozukami [sic - Mizukami], S=E9rgio Branco, Pedro Paranagu=
=E1
and Bruno Magrani, founders of the Center for Technology and Society of FGV
Law School.*

*The bill was approved last month at the Economic Affairs and Constitution
and Justice committees at Senate, and is now under amendment proposal stage
before being sent to floor.*

*The same bill had caused controversy in 2006, when specialists and ISPs
reacted against the proposal of obligatory identification measures directed
at Internet users for any operation requiring interactivity, such as sendin=
g
e-mails, on grounds that it would bureaucratize the net.*

*The text has been changed, but new questions are being raised. The brief
written by FGV's professors claims that articles 285-A and 285-B,
establishing new crimes against the security of information systems, cover
trivial acts committed by millions of people on the Internet, creating an
instrument of "mass criminalization."*

*Article 285-A qualifies as a crime =96 punished with 1 to three months [si=
c =96
actually years] of imprisonment and a fine =96 to "access computer networks=
,
communication devices or information systems without prior authorization of
the legitimate owner, when required".*

*According to Ronaldo Lemos, director of the Center for Technology and
Society at FGV, people could be condemned for disobeying terms of use
drafted by private parties.*

*"Each 'legitimate owner' decides which are the terms of the authorization,
and is granted the power of determining the content of criminal law.
Violations now occur according to subjective conditions and specific
interests, giving room to abuse"*

*MP3*

*According to Ronaldo Lemos, by referring to "computer networks",
"communication devices" and "information systems", the draft law covers not
only computers, but also MP3 players, cell phones, DVD players, software
systems and even digital TV set-top boxes, not to mention websites.
Following this line of reasoning, the bill would cover even the act of
unblocking a cell phone.*

*The professors claim that no country criminalizes access to information on
the Internet in such broad fashion. "The closest legislation to what is
being proposed here is the one passed in the USA, which criminalizes the ac=
t
of circumventing technological protection measures. But no law has
criminalized access itself," mentions the brief.*

*Article 285-B qualifies as a crime =96 also punished with 1 to 3 years of
imprisonment and a fine =96 "to obtain or transfer data or information"
without prior authorization of the legitimate owner.*

*The professors propose the exclusion or amendment of the text of two
articles of the draft law. They suggest that the access and transference of
information on the Internet be considered a crime only if fraud or "unlawfu=
l
advantages" are involved.*

*SURVEILLANCE*

*Another article from the draft law =96 article 22 =96 is also being target=
ed by
ISPs and the law professors. It imposes an obligation to ISPs requiring the=
m
to secretly inform authorities of any suspicion of criminal activity of
which they acquire knowledge.*

*According to the professors, the article creates a system of private
surveillance and finger-pointing affecting every net user, since ISPs will
be obliged to communicate cases in which =96 according to their own
convictions =96 there would be potentially criminal activity.*