The recently enacted Law No. 12.965 of April 23, 2014 –
commonly referred to as the "Marco Civil da Internet"
– has received significant publicity for both its vanguard
content and the concerns it raises to certain Internet market
players.
The Marco Civil da Internet is not the "Internet
Constitution" as it has been coined by some. All rules and
principles of Brazilian Law apply to the Internet and proof of this
fact is that several provisions of this new law simply repeat
constitutional tenets, such as rights to freedom of expression,
free enterprise and competition.
Also, the new law's objective is not to "control"
the Internet but to establish/adapt norms for this still newfound
virtual world, such as: (i) the protection of privacy by
prohibiting access to e-mail content by service providers; (ii)
free access to the Web, through the introduction of the concept of
neutrality; and (iii) requirement that service provider store user
information for a given time
