7 de maio de 2010, às 18:05h

We present the new proposed text for Section IV – On the content removal (arts. 20 to 24) for the Draft Bill Proposition on Civil Rights Framework for Internet in Brazil, in three formats (.txt, .rtf, .pdf) and, below, the new text, with direct links to the original snippets:

Seção IV
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Section IV
On the content removal

Article 19 (PRESERVED)

The Internet connection provider will not be liable for damages resulting from content generated by third parties.

Article 20 (PROPOSAL FOR NEW TEXT)

The Internet service provider may only be liable for damages arising out of content generated by third parties if the provider receives a court order, and fail to comply with its ruling, in order to take the measures within its scope of service and within the defined term to make the content the court signaled as infringing unavailable.

Article 21 (PROPOSAL FOR NEW TEXT)

The court order described on Article 20 shall contain, under penalty of invalidation:
I – identification of the applicant, including full name, civil registry and fiscal identification numbers and current contact information;
II – clear and specific identification of the content signaled as harmful to enable unambiguous locality of the notified material;
III – description of the relationship between the applicant and the content identified as harmful; and
IV – legal justification for removal.

Article 22 (PROPOSAL FOR NEW TEXT)

After removing the content, Internet service providers will be responsible to report this action to the user who has produced the content, quoting the reasons for the court order, whenever the user responsible for the infringing content is identifiable.

Article 23 (PRESERVED)

Users who possess administrative powers to manage content will be treated alike Internet service providers for the purposes of the clauses described in this Section.

Article 24 (SUPRESSED)

Article 25 (PRESERVED)

Users who possess administrative powers to manage content will be treated alike Internet service providers for the purposes of the clauses described in this Section.

Versão em inglês do post original “Nova proposta para a Seção IV: para baixar

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