Coded for Export! The Contextual Dimension of the Brazilian Marco Civil Da Internet
Forthcoming in Direito Público, vol. 1, Nr. 61 jan-feb. 2015
24 Pages Posted: 18 Nov 2014
Date Written: November 17, 2014
Abstract
Marco Civil da Internet is Brazil’s attempt to regulate fundamental aspects of an open and free Internet (Data Protection, Net Neutrality and Freedom of Speech) by means of securing civil rights before sanctioning misbehaviours criminally. In addition, Marco Civil da Internet has an implicit global ambition in that it was conceived as a possible template for global regulation. Despite this unifying aspiration, there has been no reflexion so far on how Marco Civil would impact upon foreign legal systems. Moreover, there has been no debate about the regional implications of Marco Civil da Internet.
The article claims that any regulatory unifying project should seriously consider the relevance of contextual elements; a point blatantly neglected in the debate on Marco Civil da Internet. This work attempts to tackle the problem, offering a first outline of the transnational and regional context that will most probably determine the diffusion of Marco Civil da Internet. Using analytical toolkits offered by comparative legal studies and the diffusion of ideas, it sketches the current regional legal patchwork, of which Marco Civil is part. In doing so, it uncovers upcoming challenges and frictions; solving such tensions, the article suggests, is an inherent task of democratic institutions.
Keywords: Marco Civil da Internet, Internet, Regulation, Brazil, Comparative Law, Data Protection, Net Neutrality, Freedom of Speech
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