Summary: Government
backs down on demands of local datacenters in a bid to get support from the
opposition but net neutrality remains a sticking point
By Angelica Mari for Brazil Tech
In the latest chapter of
Brazil's Marco Civil da Internet, Dilma Rousseff's government has backed down
from its intentions to demand that companies store data locally in order to get
opposition support to pass the country's first set of internet governance rules.
Despite being unhappy
about the numerous delays around the voting of the Bill, the president agreed
to postpone it once again to remove the requirement for local datacenters.
Even though Rousseff and
key ministers had voiced their preference to enforce local storage following the NSA espionage scandal, the
requirements were strongly criticized by businesses and the opposition - their
point being that this could mean cost increases to users since companies would
have to build local facilities.
The government may have given up on local
storage demands, but will require that companies will be subject to Brazilian
rules in case of legal disputes involving data, regardless of whether it is
stored elsewhere.
"The question that is not negotiable is
that the Brazilian law should be applicable to any data that has originated or
circulates here in Brazil. Of course, having the data stored locally would make
[the enforcement of the local regulations] easier," congressional
relations minister Ideli Salvatti told Radio Estadão.
However, ditching local storage is not enough
as net neutrality remains the most controversial point of the Marco Civil.
Supported by the opposition, the telco industry wants to continue to base its
business on data discrimination - this means setting higher or lower speeds
according to individual internet usage patterns, load certain websites faster
and also offer free access to certain content while charging for others.
While the government does not want to
negotiate net neutrality, Dilma also wants to be able to regulate it by
presidential decree after the Marco Civil is approved - but part of the
government's supporter base and the opposition do not agree on that particular
move.
Opposition leader Eduardo Cunha has said
openly that a decree to regulate how telcos operate is a major annoyance,
adding that this would get on the way of "freedom." However, the
freedom cited by Cunha is more to do with business models rather than internet
user rights.
The disagreements and the escalating tension
between the opposition and the president's main ministers - particularly
minister Salvatti, who was one of the main supporters of the requirement for
local datacenters and was pushing for the voting of the Marco to take place
yesterday - prompted the voting of the Bill to be postponed once again until
next Tuesday (25).
The Marco Civil is now right at the center of
a political battle involving interests that dig deeper than just guaranteeing
civil rights in the use of the Internet - but Dilma wants to sanction it before
April, when Brazil will be hosting a global internet governance event. However,
time is short and the list of challenges appears to be getting longer.