The Fallacy of “Equal Treatment” in Brazil’s Bill of Rights for Internet Users

AbstractJ. Gregory Sidak

The “Brazilian Bill of Rights for Internet Users,” or “Marco Civil,” has been under consideration at the Brazilian Congress since 2011. Marco Civil’s provisions for network neutrality have been particularly controversial. Proponents of network neutrality in Brazil advocate for the “equal treatment” of all data packets, including banning internet service providers from offering to content providers the option to purchase enhanced quality of service in the delivery of data packets. These network neutrality rules conflict with the other goals and principles of Marco Civil—particularly goals to promote internet access, to foster innovation, and to protect the constitutional right of freedom of speech and the free flow of information.

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