Thursday, December 31, 2020

Internet privacy in Brazil: An example of already weakened state of Democracy

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Vaishnavi Krishna Mohan

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Internet privacy in Brazil: An example of already weakened state of Democracy

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Global Views 360

Publication Date

December 31, 2020

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Brazillian President Jair Bolsonaro and Hamilton Mourāu in presidential inauguration ceremony | Source: J. Batista/Câmara dos Deputados via Wikimedia

Brazil’s president Jair Bolsonaro’s ascent to power attracted international attention for their potential impact on human rights. His highly controversial positions on Brazil’s past military dictatorship, civil rights and his greater support for conservative agenda is very likely to jeopardize freedom of expression and the nation’s fragile democracy. Bolsonaro’s ascent to power has not been welcomed by people around the globe.  His blind eye towards democracy has created a human rights crisis in Brazil. In 2017, violence reached a new record in the books of Brazil with an estimated 64,000 killings. More than 1.2 million cases of domestic violence were pending in the courts at the start of 2018. About 5,144 people were killed due to police brutality in 2017 and weakening state control of prisons has facilitated gang recruitments. Brazil has lost over 100,000 people to COVID-19, the pandemic which Bolsonaro strongly repudiated as a conspiracy. The president’s desperate authoritarian attempts to forcibly seize control has pushed the nation into a political crisis inter alia free fall of the economy, a pandemic, a human rights crisis and a democratic recession. “This is the worst crisis Brazil has faced in its history. It’s a political crisis, an economic crisis, and a public health crisis. I’ve thought about this a lot, and I can’t think of another moment when the country was in worse shape than it is right now.” These are the exact words of Professor James Green, a Brazilian studies teacher at Brown University, a man who has lived through the military dictatorship in Brazil which lasted from 1964 to 1985.

Amidst these crises, Bolsonaro has periled the integrity and autonomy of Brazil’s most vital democratic institutions. In May 2020, the scandalous president even contemplated ramping up the military to shut down Brazil’s Supreme Court as they continued investigations into his network of advisors and his family. The anti-terrorism bills pushed in the senate after the ascent of Bolsonaro is another key example of endangerment to democracy. The vague and broad definitions of terrorism in the bill potentially criminalizes protests and even basic social movements. These are inconsistent with the standard of precision that Brazilian criminal law maintains. The capricious characterization of a “terrorist act” leaves the door open to subjective and arbitrary decisions which is not new to the nation.

The anti-terrorism bill says that it is “terrorist act” to interfere or tamper computer systems or databases with any political or ideological motivation even without a malicious intent. This would jeopardize the work of several security researchers and journalists in Brazil. Unfortunately, they are not alone.

On 30th June 2020, the Senate of brazil passed the PLS 2630/2020   (Law of Freedom, Liability, and Transparency on the Internet) popularly known as the fake-news law. Fake news has definitely been a problem all over the world. 17 states have passed some form of regulation directing disinformation during the pandemic. The term “fake-news” has been engraved in the global political discourse in the last half decade. With the decline in global levels of press freedom, the domino effect of so-called “fake-news laws” is attracting some serious risks to press freedom and freedom of expression. It is certain that Bolsonaro took advantage of the pandemic situation and passed the fake-news law with the excuse of COVID-19 misinformation. There are several underlying concerns and apprehensions about this law.

  1. Traceability requirements for private messaging services like WhatsApp and Signal would require the apps to store the logs and records of “broadcasted messages” which implies all the messages sent by over 5 users which reaches at least 1000 people within the span of three months. Messaging service companies are required to report most of the information to the government of Brazil hence creating a centralized log of data interactions. This breaks the end-to-end encryption service provided to the users by some of the messaging apps. If companies do not oblige to weaken the technical protection given to the users of Brazil, the bill forces them to leave the country.
    This imposition of “tech mandate” was condemned by Electronic Frontier Foundation (EFF) as they called it out for weakening privacy protection. Attached to this is a “technical capability derivative”, whether or not platforms will be able to trace back individual messages.
  1. Article 37 of the law mandates all the private messaging and social networking apps having a customer base in Brazil to appoint a legal representative who will have the power to remotely access user logs and databases. This pseudo attempt to localize the measures not just gives rise to privacy concerns but also questions if the Brazilian Senate has undermined United States’ laws such as Electronic Communication Privacy Act and CLOUD Act. Both of these laws mandate US-based social networking service providers to follow and check certain legal safeguard before handing the private data to any foreign law enforcement agents.
  1. If any social media account is reported to be inauthentic or automated, the online platform would have to confirm the identity of the user and verify the identity with any government ID in Brazil or a passport for a foreigner. The government can also demand confirmation of identity for any account through the means of a court order. This provision broadly attacks anonymity and privacy of users online and ignores its benefits on the internet such as whistle blowing and protection from stalkers.
  1. This law also makes it illegal to create or share any content online which may pose a risk to” economic order or social peace” in Brazil. Both of these terms are vaguely defined and even vaguely present. This opens gates to a wide range of content creators to be called out as “illegal”. The law also criminalizes intentionally being a member of an online group whose main activity is sharing defamatory content. This includes all meme groups which primarily share memes about anyone in an authoritative position in Brazil. This definitely puts a subjective cap and poses significant challenges to the freedom of expression and restricts basic ability of Brazilians to engage in discourse on online platforms.

The fake-news law makes social media companies legally liable for content published online on their platforms which acts as an incentive to them to restrict the freedom of speech of Brazilians at the time of any social or political unrest or even times like the present. While Brazil faces a real problem of fake news, this hastily written statute is not the right solution. At the time of a pandemic, when most of the world is functioning on a virtual sphere, the reckless fake-news law has added weight onto the fragile thread holding Brazil’s democracy. Jair Bolsonaro has managed to push democracy to a breaking point even without the drastic steps that he earlier contemplated.

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January 22, 2021 12:26 AM

Interviewing Dr. Kamil Zwolski: Professor of International Politics turned Edupreneur

Today we talk with Kamil Zwolski, PhD, who is Associate Professor in International Politics in the UK and who recently launched MyGlobalPolitics.com.

Q: Kamil, what is the idea of MyGlobalPolitics?

Kamil: The idea is to explore how the Internet can open up new opportunities for learning International Relations and related topics, such as international security, geopolitics or the role of China. On the one hand, there are people who are interested in what’s going on in the world and would like to explore that topic in more depth. But on the other hand, they are not planning to study it at a university. There are also people who do study International Relations at a university and want some extra resources to do better and get better grades. The website also offers help to those who need help with their job applications, university applications, PhD proposals, policy papers and other projects on International Relations.    

Q: Is there a market for educational products in an academic niche?

Kamil: That’s what I am finding out. It is true that most people who want to sell educational products, such as online courses, go for one of the three big niches: making money, getting fit or dating/relationships. But I am an academic and an expert on International Relations. And that’s what I want to do. I also like the world of online education and entrepreneurship. In that sense, I am what is sometimes called an edupreneur.

Q: What do you do for your full time job?

Kamil: I am Associate Professor in International Relations at one of the leading UK universities. I am a published author with hundreds of citations on Google scholar, including two peer-reviewed books. I am also a passionate educator and a Senior Fellow of the UK’s Higher Education Academy. All it means I am serious about improving my teaching skills and making sure students learn stuff when they work with me.

Q: What are your hopes and plans for MyGlobalPolitics?

Kamil: I see the future of education as developing alongside two parallel routes. One route will be the familiar system of higher education institutions. Contrary to what some predict, I don’t think universities will go away in any foreseeable future. Over centuries, they have accumulated enough legitimacy to be seen as undisputed pillars of how people go about getting more advanced knowledge. Granted, universities - like all institutions - have to adapt and some will do that better than others. But as a category of institutions, they will continue to exist.

Then there is this other route, which we already see, but which is nowhere near its full potential. And that’s online education. We see some well-established players in that field, such as Udemy, but there is much scope for greater diversity within that category of services. The big players will stay there and may get even bigger, as more people choose online as a way to learn new stuff. But in addition to those large players, individual edupreneurs will be building their own little communities within their areas of specialism. And that’s where I see MyGlobalPolitics - a community of learners interested in International Relations, who want to get in-depth knowledge on the subject or who have some projects they want to work on. That’s my ambition for this platform.

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