Update: 5 problems of the ‘SpyBill’

At the last session of the Committee on Constitution, Justice and Citizenship (CCJC) of the Brazilian Chamber of Representatives, on Thursday (10/1) morning, there have been a lot of discussion about the draft bill PL 215/2015 (along with the attached PL 1.547/2015 and PL 1.589/2015). The voting even started, but was postponed to Tuesday (10/06), due to lack of time.

At the end of the session, the representatives agreed on to remove some parts of the text in order to guarantee its approval and vote the subsequential conflict points separately  To date, this agreement has not been officially consolidated (see a comparative chart), but the central question was to avoid the access to personal data of internet users without a warrant.

CCJC’s President, Rep. Arthur Lira, opened the voting of the rapporteur’s opinion before noon. PMDB, PP, PTB, PSC, PHS PEN, PRB, PR and DEM voted in favor of the matter. In turn, PSB voted against. PT and PSDB allowed their members to vote freely as they wished. However, in less than five minutes, Rep. Arthur Lira announced that they would have to postpone the voting because of the lack of time to continue the session (video and audio available).

Before these discussion and agreement, by the eighth(!) version of the bill presented by the Rapporteur, Rep. Juscelino Jr., the problems of the so-called “Spy Bill” were, in order of severity:

1. It asserts that, to investigate crimes against personal honor commited using any means of telecommunication or internet application, the police forces or a prosecutor may have access to the following informations (without the need of a warrant, upon request to the connection or application provider):
a) Internet connection logs of any person (when and where she connected to the web);
b) access logs of Internet applications from any person (which websites, apps or programs she accessed);
c) personal data (personal qualifications, affiliation, address, telephone number, social security number, e-mail account) of any person;

2. It imposes to all internet connection  and online applications providers (including any websites and mobile apps) the duty to collect addresses telephone numbers, social security numbes and e-mails, all considered as registration data arranged to be transferred without warrant to responsable authorities.

3. The Bill institutes a right to remove from the internet any content associating the name or image of a person to:
a) any offense that the person had been acquitted on a permanent basis (even for lack of evidences, for example);
b) any fact (with or without trial) offensive to the honor (slander or libel).

4. It creates a form of objective criminal liability by imposing the punishment of imprisonment without bail for anyone convicted for crimes against someone else’s honor that end up resulting in death of the victim, even without malice or fault.

5. Inserts in the text of the Marco Civil a new criminal offense.

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