Brazil’s Fake News Bill: Congress Must Stand Firm on Repealing Dangerous and Disproportionate Surveillance Measures

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This post is the first of two analyzing the risks of approving dangerous and disproportionate surveillance obligations in the Brazilian Fake News bill. You can read our second article here.

The revised text of Brazil’s so-called Fake News bill (draft bill 2630), aimed at countering disinformation online, contains both good and bad news for user privacy compared to previous versions. In a report released by Congressman Orlando Silva in late October, following a series of public hearings in the Chamber of Deputies, the most recent text seeks to address civil society’s claims against provisions harmful to privacy.

Regarding serious flaws EFF previously pointed out, the bill no longer sets a general regime for users’ legal identification. Second, it does not require social media and messaging companies to provide their staff in Brazil remote access to user logs and databases, a provision that would bypass international cooperation safeguards and create privacy and security risks. Most importantly, it drops the traceability mandate for instant messaging applications, under which forwarding information would be tracked. We hope all these positive and critical changes are preserved by Members of Congress in the upcoming debates. 

However, the text of the bill also has significant downsides for privacy. Am

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