Internet Intermediaries Liability. A North American Perspective or Perspectives from the United States and Canada

Abstract

The Marco civil da Internet establishes a brand new framework for liability of Internet intermediaries regarding third parties’ contents and activities. Besides providing general immunity schemes for Internet access providers and Internet application providers, Section III frames two derogatory regimes regarding revenge porn and copyright. The latter still needs to be designed. This chapter compares this new piece of legislation within both Canadian and United States frameworks. The analysis suggests Brazil is not the first to set different frameworks for varying matters. Based on fact that it is the only one to be consistent with principles set by the Marco civil da Internet, this paper will argue that Brazil should frame the upcoming copyright scheme with regards to Canada’s notice-and-notice framework.

Keywords: Marco civil da Internet, Internet Intermediaries, Liability, United States, Canada, Brazil, Revenge Porn, Copyright, Notice and take down, Notice and notice