Coded for Export! The Contextual Dimension of the Brazilian &lt;I&gt;Marco Civil Da Internet&lt;/I&gt;

Saldías, Osvaldo

doi:10.2139/ssrn.2526117

Cited by 2 publications

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“…In the first instance, website operators were to obtain informed consent from users for the repurposing of collected data. As Saldías (2014, 7) argues, this measure paralleled a provision within Brazil’s 1988 Constitution called Habeus Data that permits citizens to request state-kept personal data, thus providing citizens with the power to know what their information was being used for. Included at the behest of civil society groups concerned about secret data profiles built-up by the military regime, the measure was to prevent democratic successors from destroying the records, thus depriving citizens of the knowledge therein.…”

Section: The Singularity Of the Marco Civil Da Internet: Prehistory Amentioning

confidence: 99%

“…Shortly thereafter, Argentine and Italian lawmakers called for similar legislative projects (La Voz 2014). International digital rights advocacy groups as well as technology reporters, policymakers, and activists largely converged on this legislation serving as “an inspiration for governments around the world” (Public Knowledge 2014) and a framework “coded for export” (Saldías 2014, 1).…”

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confidence: 99%

“…Network neutrality as a policy objective, for instance, articulates with economic and political values such as innovation, competition, free speech, and access to information (Bauer and Obar 2014; Powell and Cooper 2011), values that enjoy very different degrees of salience in societies across the world. As Brazilian legal scholar, Oscar Saldías, remarked of the Marco Civil, “the context determines much of the law’s efficacy” (Saldías 2014, 2). “Draft once; deploy everywhere” ignores the endogenous factors that shape the formation and efficacy of Internet law and policy.…”

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confidence: 99%

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Draft Once; Deploy Everywhere? Contextualizing Digital Law and Brazil’s Marco Civil da Internet

Hoskins

2017

Television & New Media

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On Congressional approval in 2014, Brazil’s charter of civil rights for the Internet, the Marco Civil da Internet, was widely acclaimed as a template for national Internet policy elsewhere in the world. This was the result of a phenomenon I dub “draft once; deploy everywhere,” a pervasive belief in the universality of Internet law. This presumption underpins multiple charters of Internet rights drafted by digital rights organizations and policymakers. By showing how the Marco Civil was bitterly contested by blocks of powerful actors, the role played by Brazil’s recent history of dictatorship as well as its status at the margins of the global digital economy, I problematize the Marco Civil’s status as a global blueprint. This matters because without proper contextualization, the effective transfer of Internet law across national jurisdictions will be harder to realize, and their democratic virtues will prove more elusive.

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Section: The Singularity Of the Marco Civil Da Internet: Prehistory Amentioning

confidence: 99%

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confidence: 99%

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confidence: 99%

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