Understanding the Parliamentary Investigation Committee on cybercrimes

Introduction

The first legislation for the Brazilian cyberspace was in 1999 in a bill proposed by Eduardo Azeredo (PSDB-MG), which the bill was later known for, dedicated exclusively to the penal scope, criminalizing many conducts in the virtual space.

The bill was criticized by your intrusive measures, like the maintenance of IP logs by the service provider for 3 years, to help criminal investigations. The bill, composed by 23 articles, was only approved in 2012, being the law 12.735/12. Today, the Azeredo Law has only two provisions: the creation of specialized cybercrime police judiciary sectors and the provision of the cessation order of electronic discriminatory or prejudiced content.

The second law dedicated to the internet space was known as Carolina Dieckmann Law. The bill was proposed much before the iconic case of the actress, who had private photos exposed. Since the bill was approved only 2 weeks after the incident, the association was inevitable. Though the actress case is not predicted, it’s the only dedicated law that defines cyber penal crimes in Brazil’s legislation, typifying the interruption of techn services and credit/debit card falsification.

Lastly, Law 12.965/14, known as Marco Civil da Internet was approved. As the name suggests, the bill was dedicated to civil law, oriented to secure liberty and freedom for Internet users, in detriment of state vigilantism. As an example, compared to Azeredo Law, Marco Civil predicts the maintenance of IP long by the service provider for only 1 year. After successive frustrations to criminalize cyber space conducts, the CPI of Cybernetic Crimes was created.

Conducted Directives

Directed by congresswoman Mariana Carvalho (PSDB-RO), the CPI investigated the reality of Brazilian cybernetic crimes in variable areas and sources. Witnesses, public authorities, specialists and public auditions were heard for information and data. However, it’s being criticized by the lack of more democratic public participations that were used in Marco Civil, such as forums and other digitals platforms.

  The CPI was documented in four sub-rapporteurs, including themes such as: financial institutions and e-commerce; crimes against adolescence and child abuse, crimes against honor and moral insults; and cybernetic security in Brazil. The first lines of the rapporteur is dedicated to establish general concepts about cybercrimes discussed in the CPI. Later, each sub-rapporteur aimed for a dedicated analysis and conclusions for each theme.

Financial Institutions

The sub-Rapporteur of financial institutions and e-commerce documented a broad theme that follows the virtual advertising to the security of financial systems.

After finding that service advertising contractors of large companies on the internet can end the contractor image conveyed on websites aimed at illicit activities, there is the proposal of a Code of Practice adopted by the entities involved in digital advertising. The measure follows the same YouTube performance line, which has recently taken the decision to withdraw the gain with advertisements videos containing violent or offensive content.

Still on the advertising industry, the lack of tax collection was found properly due mainly to State of Sao Paulo. According to CPI, the companies providing such service would be exempt from ISS, but as providing communication services should pay VAT for the activities carried out in the country. The companies denied the tax obligation, but letters were sent to the state of São Paulo for the situation be further investigated and studied.

Turning to the study of crime against financial institutions, the first finding was that the existing black figure in these cases is higher than usual for other crimes. the quePortanto of finding, many crimes committed in this sphere end up not being reported and thus get out of any statistics.

Despite the difficult data capture, an approximate calculation made by the Commission concluded that at least R $ 615.4 million are drawn from institutions via financial cybercrimes. To combat this significant loss of resources were suggested: the mandatory reporting of crimes by financial institutions; institutional cooperation to facilitate the collection of data; the bill offer to criminals lose the property used for the consummation of cybercrime; and the creation of specialized judicial sticks in electronic crimes.

Before concluding the report, the document makes one last reckless recommendation. Even assuming that there was no time to dwell on the subject, the sub-rapporteur recommends Copyright to the Special Committee of the camera including the Marco Civil, or subsequent legislation, device that allows the blocking of websites that convey illegally content protected by copyright. The recommendation is a clear reprisal for sites like The Pirate Bay, in an approach similar that carried out by so-called American laws SOPA and PIPA. The impact of US legislation was not good, but the effectiveness and popularity of the device depends heavily on how the Brazilian legislation will positive the possibility of removal may be more arbitrary or providing the need of various legal requirements for fact verification and implementation measures .

Children and adolescents

the first topic addressed by this sub-rapporteurs could not be different if not education about the proper use of the internet. According to the rapporteur, a cooperation agreement between telephone companies and ISPs would be a measure to be applied in conjunction with a modification of the National Education Plan (PNE), which together would generate a considerable decrease in victims of cybercrimes. So the express provision of digital education in PNE and measures together with the private sector became the main purpose of the group.

Following the topic of education, following proposals that seek cause major suppression of conduct for the provision of illegal content. The recommendation of the rapporteur is the inclusion of an exception to the network neutrality principle in Marco Civil, enabling Internet access providers, by judicial decision, blocking of certain sites, since the removal of the content of foreign sites are It shows extremely complex, if not impossible. If not occur measured application by the judiciary, the measure could generate a major limitation of the content accessed in the country, considering that currently the WhatsApp was blocked on three occasions, with the decision that ordered the measure, at all times, it was reversed in higher courts.

Finally, in the same line of repression but not as controversial, sub-rapporteur supports the bill providing for the inclusion of pedophilia in the list of heinous crimes.

Crimes against honor

begin the meeting, the sub-Rapporteur is declared as sensitive to the issue and says that invited several victims to share their experiences before the members. However all they declined claiming it is personal and painful fact. With this justification, it was presented a project that provides for the withdrawal of atentatório content to honor within 48 hours after the participant of demonstration, requiring only “elements that allow the identification of the material”, blaming the provider by serving copies or related content, despite the technical difficulties already discussed. The forecast is very different from the current MCI rule, which provides for the need to inform the email address of each content to be removed, creating a larger facility for the victim, but a resounding laborious to the server, because of the difficulty of finding the content to be removed.

Secondly, the committee deals the use of application providers accounts to make the most diverse crimes. From a detailed analysis of the facility to create an account on an application server, sub-rapporteur suggests expanding access to IP users of these services. According to the prepared text, they would be modified MCI, the Organizational Law of Criminal (12,850 / 13) and the Law of Money Laundering (9613/98) to include the userIP as given cadastral, forcing holders providers that given the available it to the police in case of criminal investigation. The project stresses that does not change the system already provided for in those laws only increases the list of data to be shared in event of research, not making the data available to any user at any time for the investigative police.

At the conclusion of the report, the importance of MCI device that increases protection when the contents disclosed it is not consensual pornography is recognized. In this line, supports the bill 5555/2013 which provides for the criminalization of conduct via modification of the Maria da Penha Law (11.340 / 2006). The specific criminalization demonstrates a clear interest of repression by the state, but the placement of the device within the Maria da Penha Law can not be shown as an effective means to achieve the desired results, since. The law in question, although it is a great achievement for all Brazilian women, is specific to this genre, and the Rapporteur of the discussions came to the conclusion that the spread of atentatório content affects people of all genders and social classes. So impossible that a modification only that law is sufficient to cover all the discussed object.

Cybersecurity in Brazil

The problem mentioned at the beginning of the text is an initial object of this rapporteurship. The proposed amendment in Article 154 of the Penal Code the personal interest seeks make unnecessary the crime of invasion computing device, thus covering the case of actress Carolina Dieckmann and as many as virtual graffiti (deface). The project therefore of more value to the legal and “computer data” and makes the simple invasion without causing damage is already criminalized. The measure causes great repression of cultural hacker group that seeks knowledge of systems and devices in general, without necessarily having criminal intent.

The sub-Rapporteur also presents a fresh look at issues already presented. With respect to user education, there is a new position, also suggesting collaboration with servers but this time to the education of the adult audience. Regarding the user ID for your digital address, the use of IPv6 is suggested as a way to increase the specification of the machine used and also the request registration and custody data digital address not primary servers, preventing users to use of smaller servers to commit crimes guaranteeing impunity.

Recognizing the difficulty of responsibility an international company for events that took place in Brazil, the committee suggests the creation device which provides for the expansion of the data supply obligation for any company of the business group direct responsibility. As already happens today in court, but it’s still questioned by the affected companies. A direct prediction in Brazilian legislation would serve to pacify once the understanding of the issue and expedite the receipt of information by the investigative police.

Finally, much of the rapporteur of the activity is focused on the supervision and general measures. According to the document, several issues need more attention of the supervisory bodies to be better measured and verified. The lack of control over the prepaid mobile caused their use to commit crimes also virtual security policies taken by the public administration are weak and are not being met by public officials. Therefore it is suggested to closer inspection by various agencies, developing security guidelines, and the amount of increase itself to combat cyber crime.