The Internet Legal Framework Comes Into Effect

Last week, Law 12.965/2014, widely known as the Internet Legal Framework, came into effect. The long-awaited regulation of the law, however, has yet to be published, but it is expected that it will be drafted following public hearings in much the same way as took place with the text of the mentioned law.

Due to the lack of regulation and parameters for interpretation, there still remain a number of doubts concerning the practical application of this Law, including the very self-applicability of its rules.

One of the rules for which the self-applicability has been brought into question is that which obliges application and connection providers to store users' access and connection logs for a period of 6 months and one year respectively. Law 12.965/2014 establishes that the forthcoming regulation will address the means of security necessary to store this data. However, the prevailing understanding, up until now, has been that these logs, which can serve as evidence in legal actions, may be requested from the providers once the law moves into effect. It should be noted that the consequences of a provider's unjustified refusal to present these logs are varied, in addition to the applicable sanctions. Amongst the main consequences are: (i) the possibility of a search and seizure of these logs; (ii) characterization of the disobedience practiced by the provider that did not provide the logs as a crime; and (iii) the application of a daily fine for non-compliance with the court order.

In relation to the providers' civil responsibilities, Law 12.965/2014 includes an alteration in relation to the provider's obligation to remove the content of a third party that is considered to be inappropriate. Previously, the provider would receive a request concerning the supposedly...