"Reporters Without Borders is worried about the impact of a proposed law on cyber-crime, adopted by the Senate on july 9th 2008, that will be submitted to the Chamber of Deputies in the next few days. The press freedom organisation calls on deputies to clarify the bill?s wording so as to safeguard online free expression.

(...) "This bill is potentially dangerous for online free expression," Reporters Without Borders said. "It reinforces surveillance of the Internet and provides for penalties of up to three years in prison without any precision as to how they should be applied. It is still loosely worded although amendments have been made in the three years since it was first introduced. We urge deputies to examine it closely, in order to clarify its content and ensure that online free expression is guaranteed."

(...) Reporters Without Borders calls on deputies to define the "correct" way to use the Internet and the methods that will be used to establish "growing security" online. Under articles 285-A and B, anyone "accessing a computer network, communication device or informatics system by means of a breach of security" or "obtaining or transferring protected data or information without authorization or in breach of the authorization of the legitimate holder of computer networks, communication devices or informatics systems" could get one to three years in prison.

"What is meant by 'data' in this bill?" Reporters Without Borders asked. "Does an email address count as data? Does an online post count as data? What happens to an Internet user who unwittingly transmits a virus? The possibility of being imprisoned for 'transferring' data would have a dramatic impact on online free expression."

The organisation added: "We understand that legislators want to combat online paedophilia and piracy but we urged them to clearly define the punishable offences so that Internet users can be aware of the legal limits to what they do."

(...) Reporters Without Borders urges deputies to clarify what ISPs must tell the ?competent authority? and what powers this authority has.

Read an English translation of the bill

Sign an online petition (in Portuguese) calling for more transparency in this bill"