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Imminent Server Seizure Tests Brazil's New Internet Bill of Rights

Unknown Lamer posted about 7 months ago | from the exercising-freedom-of-speech-is-dangerous dept.

Your Rights Online 52

sunbird (96442) writes "Less than one week after passing the Marco Civil da Internet, Article 3 of which purports to protect free expression and privacy of personal data from government intrusion, a Public Prosecutor in Brazil is seeking to seize a server hosting research groups, social movements, discussion lists and other tools. The server is hosted by the Saravá Group, which has adopted a policy of not storing connection logs to protect the privacy of users. The Public Prosecutor is seeking to identify individuals involved in Rádio Mudo, a project hosted by Saravá, but as Saravá does not store logs, there is no information on the server that is responsive to the investigation. This action comes as Brazil seeks to place itself in the forefront of protecting internet privacy after it hosted the Net Mundial conference. Saravá has called for a protest action today at 1PM local time (9AM PT/12noonET) to protest against the seizure."

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we have no secrets works both ways (0)

Anonymous Coward | about 7 months ago | (#46863965)

why must we continue some pathetic pretense when we have no real defense from or for even ourselves http://www.youtube.com/results?search_query=weather+manipulation+wmd

The station is called Radio Muda (3, Informative)

Anonymous Coward | about 7 months ago | (#46863973)

Muda, not Mudo.

This misspelling changed the meaning from Change Radio to Mute Radio. WTF submitter and editors, this is not rocket science.

Re:The station is called Radio Muda (0)

Anonymous Coward | about 7 months ago | (#46863991)

I thought it was Radio Menudo.

Re:The station is called Radio Muda (1)

FatdogHaiku (978357) | about 7 months ago | (#46864759)

I thought it was Radio Menudo.

No, that's a bunch of tripe!

Re:The station is called Radio Muda (1)

sg_oneill (159032) | about 7 months ago | (#46864005)

Mute radio is pretty funny though.

All music all the time!

Re:The station is called Radio Muda (1)

TheGratefulNet (143330) | about 7 months ago | (#46865045)

I get mute radio for free. lots of it, for everyone. its in the /dev/zero device.

Re:The station is called Radio Muda (1)

sunbird (96442) | about 7 months ago | (#46864015)

I blame sleep deprivation and not speaking PT. Sorry!

Re:The station is called Radio Muda (0)

Anonymous Coward | about 7 months ago | (#46864647)

That radio was (is? they always close then comeback) an illegal 'university' radio, run by the students from under a water tower smack in the middle of the state university of campinas (www.unicamp.br)

Re: The station is called Radio Muda (0)

Anonymous Coward | about 7 months ago | (#46876425)

It Is Just Another student Pirate Radio sTation Which HappenS To Be Broadcasted On The InteRNet Too.Sorry About The Funny Caps (Javascript Bug?)

Re:The station is called Radio Muda (3, Funny)

nitehawk214 (222219) | about 7 months ago | (#46864981)

Muda, not Mudo.

This misspelling changed the meaning from Change Radio to Mute Radio. WTF submitter and editors, this is not rocket science.

That is just what the government is trying to turn it into.

Re:The station is called Radio Muda (2, Informative)

Anonymous Coward | about 7 months ago | (#46865089)

"Rádio Muda" in Portuguese could be translated both as Mute Radio or Change Radio. Portughese adjectives flexes with gender, an since radio is a female noun, the correct form of mute would be "muda", not "mudo". It may be an intended pun.

Re:The station is called Radio Muda (0)

Anonymous Coward | about 7 months ago | (#46867191)

The gender depends on what you are referring to.

A rádio -> the radio station
O rádio -> the radio device

Why? Because PT, thats why!

Re:The station is called Radio Muda (0)

Anonymous Coward | about 7 months ago | (#46922495)

Because in PT the station is female: "A estação", by contration "A estação de rádio" becames "A rádio" and the device in PT is male: "O aparelho", by same contration "O aparelho de rádio" becames "O rádio"
We use just the gender a lot to diferenciate things like the site (O site) or the product (O produto) from the company (A empresa).
Ex: O Google (the google site), A Google (the google company), O Motorola (the Motorola phone) A Motorola (the Motorola company).

Re:The station is called Radio Muda (1)

ruir (2709173) | about 7 months ago | (#46865767)

Couldnt it be automatic dictionaries at play? I write all the time in Portuguese and English, often in a while in Spanish and very rarely in French. Use to have multilanguage dictionaries correction, however they would go crazy when I mixing languages in the same paragraph, so I disabled the autocorrection of words. It was a major nuisance - often I posted things with wrong words.

HDD were seized this afternoon (5, Informative)

sunbird (96442) | about 7 months ago | (#46863993)

As a result, Saravá's site is down. Here's a mirror [riseup.net] of the original statement from Saravá. Also, here's an amusing picture [instagram.com] of the group putting new drives in to try to get the site back up.

Like most governments... (4, Informative)

bazmail (764941) | about 7 months ago | (#46864001)

they are full of shit.

All the noises they;ve made about protecting rights and speech are just lies. They are desperately trying to look like a "people first" nation in the run up to the FIFA World Cup, to counter and quell the unrest at home relating to the spiralling cost of hosting the tournament.

Re:Like most governments... (1)

nurb432 (527695) | about 7 months ago | (#46864027)

The people are also hypocrites, it works both ways.

Re:Like most governments... (0)

Anonymous Coward | about 7 months ago | (#46871003)

Duh, governments are made of people.

Re:Like most governments... (0)

Anonymous Coward | about 7 months ago | (#46864085)

On the protests, the Brazilian government should copy free nations like the USA and set up free speech zones where the useless bastards can't cause trouble. But no, instead it allows every damn idiot in the country to whine and bother everyone else, as if the contract with Fifa could be canceled years after it was signed with no penalties.

I don't even know that they were lies (3, Insightful)

Sycraft-fu (314770) | about 7 months ago | (#46865047)

So much as just being full of shit. What I mean by that is that people in general, but governments in particular seem to be great at doublethink. They can seem to hold two different contradictory opinions in their head. So governments hate, HATE the idea of other governments spying on them and their citizens. They don't like foreign governments messing with their businesses, either.

However they see no problem when they do it. They don't even find it hypocritical. It is IMPORTANT and NECESSARY when they do it, you see. Not at all like those assholes in other countries!

I think that is probably what is going on with Brazil. They see the US's actions as deplorable, their own actions as essential. They really don't see a dichotomy there.

Re:Like most governments... (1)

TheDarkMaster (1292526) | about 7 months ago | (#46865303)

Your freedom only lasts as long as you do not cross the path of a "big shot" (rich and powerful). Is the same thing here on Brazil. It is because of situations like that every citizen should have guns.

Re:Like most governments... (0)

Anonymous Coward | about 7 months ago | (#46865759)

If you want to shoot the government workers that collect your hard drives to use as evidence, you're welcome to enjoy your time in prison (assuming they don't retaliate in kind).

Re:Like most governments... (1)

JockTroll (996521) | about 7 months ago | (#46866229)

Don't pick the wrong targets: there are plenty of government/private drone workers and they have spares. The thing they have not spares for are the aforementioned "big shot" and their family. Target those. All the money in the world cannot bring them back from the dead, and more importantly they cannot buy new heirs to their fortune and power. Once their bloodlines are extinct, it's over for them.

Re:Like most governments... (0)

Anonymous Coward | about 7 months ago | (#46871115)

Bloodlines? Game of Thrones is fictional, you know. And keep taking your meds.

Re:Like most governments... (1)

TheDarkMaster (1292526) | about 7 months ago | (#46866435)

You are naive. One thing the government looking for evidence in the house of a drug lord. Another quite different thing is to shut up the "undesirables" using the laws as a pretext for what is simply censorship.

Re:Like most governments... (1)

luis_a_espinal (1810296) | about 7 months ago | (#46866883)

they are full of shit. .

Correct. As someone who was born and grew up in Latin America, Brazil (and all the governments and politicians south of the border) are full of shit. It is all talk about liberty, freedoms and crap. They are not the enlightened, poor-caring technocrats they like to paint themselves for the ruminant masses.

People in the US complain about its political classes and the disinterested voting masses. Ha! Latin America is much, much worse than that. I used to dream it would change. It won't. Not in my life time. It is not an environment where my kids will grow, thank ${DEITY:-FSM} for that.

Re:Like most governments... (0)

Anonymous Coward | about 7 months ago | (#46867063)

Brazilian prosecutor != Brazilian federal government.

"Net neutrality" (2)

cseg (253752) | about 7 months ago | (#46864009)

The law was passed with the "intention" of being the Brazilian "net neutrality" law. However, its chapter 1, article 1, paragraph 8 reads: "VIII - a liberdade dos modelos de negócios promovidos na Internet, desde que não conflitem com os demais princípios estabelecidos nesta Lei."

Freely translating, that could be read as "the freedom to shape internet businesses, as long as it doesn't conflict with the rest of this Law."

Chapter 3, article 9, paragraph 1 later states that net traffic may only be regulated by the President's orders, and can only happen in 2 cases:

- Technical requirements necessary to the proper functioning of services and applications;
- Emergency services

And then I see carriers offering free Facebook and Twitter access as long as you have any valid plan active, or any sort of credit left on pre-paid plans.

Who didn't understand what "net neutrality" means? Me, the government, these companies or the people praising the law?

You (0)

Anonymous Coward | about 7 months ago | (#46869407)

You.

Offering free service as long as you have a valid plan is not a problem with the law. The problem would be if they make sure that those services are handled better on their network than the other you're paying to have.

Re:You (1)

cseg (253752) | about 7 months ago | (#46869551)

The problem is that it cannot be analyzed in a vacuum. Yes, in a vacuum it's just a free service being offered if you have a plan. But that's the first step into making things a lot worse. And quite frankly, Brazil is not known for being good at telling the difference and knowing when to stop the car before it crashes.

Besides that, if you take the law to the letter, you also run into another issue: What if a customer wants to access G+ (why would they do that??) instead of Facebook and Twitter? They have to pay for the data used, and that is discouraging to any social network besides FB and Twitter. This alone is against the concept of net neutrality. And this is exactly the point I was showing.

Article 3 is OK with lawful collection ... (3, Insightful)

perpenso (1613749) | about 7 months ago | (#46864013)

Article 3's translation says "protecting personal data, as provided by law". So a prosecutor going to a judge to gain access to a server does not seem to violate the bill of rights. The article's goal seems to be to stop the type of snooping the NSA is accused of, not impede a court of law.

Re:Article 3 is OK with lawful collection ... (1)

gronofer (838299) | about 7 months ago | (#46865551)

So what does this Article 3 give you that the law doesn't already?

Re:Article 3 is OK with lawful collection ... (0)

Anonymous Coward | about 7 months ago | (#46865995)

Publicity

Re:Article 3 is OK with lawful collection ... (1)

perpenso (1613749) | about 7 months ago | (#46866031)

So what does this Article 3 give you that the law doesn't already?

It lets a candidate say that they voted for the "internet bill of rights" when the time comes for reelection. I don't know about Brazil but here in the U.S. going on record on the "correct" side of an issue is all that is necessary. Our elected officials are only expect to have good intentions, not to actually produce good and effective legislation.

Re:Article 3 is OK with lawful collection ... (0)

Anonymous Coward | about 7 months ago | (#46866299)

It tells you exactly how and how much info you have to collect, it tells you NOT to collect or disclose any more than that, and it tells you the police cannot just ask, it needs a court order. It was VERY welcome by the ISPs.

And a court order is exactly what happened to Radio Muda, anyway.

Also, the new Brazlian law has been published a few days ago, it has a provision of 60 days before it is in effect (i.e. activated). So, the new law is NOT being put to test at all. And should that law already be in effect, "Radio Muda" would be violating it. You HAVE to collect that information, anonimity is forbiden by the Brazilian *constitution*, except in *very* *specific* cases.

Jeez, both the submitter and the editor of this story are a bunch of useless retweeters that don't check facts or even know WTF they're writing about.

left-wing/anarchist/communist (-1)

Anonymous Coward | about 7 months ago | (#46864021)

In Greece we have that left-wing/anarchist/communist site named "indymedia" that uses the same tactic as their fellow Brazilians - they host their site using a public server of a public university, they publish anything they like (personal info of their opponents and threats agaists them, resulting in the death of some), but don't collect connections logs (so, the people responsible for the executions are free to publisize their view after the insidents without the police having any way to identify them), and without even a person typicaly responsible as the owner of the site...

What would you expect? (0)

Anonymous Coward | about 7 months ago | (#46864121)

Brazil is one of the most corrupt countries in the world (I guess only countries like Somalia are worse than us), and it gets worse with each government, so this is kinda expected...

Re: What would you expect? (1)

Anonymous Coward | about 7 months ago | (#46865069)

Only US more corrupt than Brazil.

Brazil, the country of the future (0)

Anonymous Coward | about 7 months ago | (#46864163)

It's been that for over fifty years now.

Not related to Marco Civil or with the not logging (3, Interesting)

zedaroca (3630525) | about 7 months ago | (#46864507)

There's an agency that regulates communications in Brazil and to have a working radio you need a permit (long history of oligopoly here, they don't give the permit). Radio Muda doesn't have the permit, that's the problem. The seizure is also happening on any other non registered radios in the city.

Also, the prosecutor is claiming security issues with interference on airplanes. They are a radio inside Brazil's #2 university with top engineers saying there's no way they are causing any safety problems, so that's a blatant lie from the prosecutor.

Eight other radio stations were seized in February. As much as it's a terrible thing and it just shows how the State is used against the people, this is really not related to Marco Civil or the fact that they are not logging anything.

Re:Not related to Marco Civil or with the not logg (1)

TheDarkMaster (1292526) | about 7 months ago | (#46865313)

Exact. The only radio stations "authorized" to operate here are those whose owners are right wing politicians and entrepreneurs of the mainstream media who do not want voices disagreeing with what they say is the truth.

Re:Not related to Marco Civil or with the not logg (1)

Anonymous Coward | about 7 months ago | (#46866395)

While this is true, "Radio Muda" has been operating without any sort of permit *REQUEST* for 20 years. Not even for experimental operation, with reduced power. And that's in an University that has a body of at least 100 top-quality EEs in the faculty, some of them IEEE fellows, and they produce at least 40 EE undergraduates and a few EE graduates per year, any of which would be quite capable of drafting a FM broadcasting station permit request in about 8 hours of work if they don't know the ANATEL procedures, or about 15 minutes if they do and all the transmitter documentation is available. It is easy, I've done that where I work, and I am one of that universitie's alumni. But NOBODY FROM RADIO MUDA EVER ASKED THE EE DEPARTMENT ANY HELP TO GET SUCH A PERMIT AS FAR AS I CAN CHECK IN ANATEL'S SYSTEM.

What they are not telling you is that the people behind "Radio Muda" are mostly a bunch of useless idiots, and not always of the "mostly harmless" sort, either. Some were thieves, and minor drug trafficants. I was a student there more than a decade ago, and maybe two of the people involved with the Radio where serious journalism students, the rest was a bunch of hobos that took advantage of student housing and caused trouble, but were utterly useless as students and as future professionals. I am not sure how much things changed in that regard, but it looks like they did not change enough.

What they're also not telling you is that Radio Muda was closed along with a lot of other unlicensed radios, and that there is a history in Campinas/SP/Brazil of such radios operating too close, or directly in colision with air traffic-control and worse, ILS (or whatever the new acronym for the better system they've recently installed) and other aircraft landing data feeds. This makes the regulator body rather grumphy. I doubt Radio Muda was direclly guilty of that one, because it operated in a rather safe frequency (thus at most it would screw up other FM broadcast stations if their transmitter drifted)... but certainly not because there was any of the EE properly taking care of it: there wasn't. It was closed among the rest of the unauthorized broadcasting stations, and that's it.

What is rather impressive is that it took 20 years for the regulator body to do something about it. Something to look into, they should have been closed a long time ago, so the "why the heck now" and "why the heck it took too long" questions ARE pertinent and should be investigated. Shaddy political reasons might indeed exist for both...

Now, why the hell people are linking "Radio Muda" (an unauthorized FM broadcasting station that operated for over 20 years without even bothering to request a permit, which would likely have been granted if it was requested 10 years ago -- both the federal government and municipal goverment where left-wing and there were a lot of UNICAMP alumni working in ANATEL) and the Saravá group servers, I don't know. The radio was not closed because of Saravá, nor is the police investigating the Saravá servers over Radio Muda.

Re:Not related to Marco Civil or with the not logg (1)

TheDarkMaster (1292526) | about 7 months ago | (#46866467)

While I understand your point, have you ever tried to get a permit to operate a radio? Maybe the folks at Radio "Muda" simply do not bother to try to get one precisely because they would never receive (remember, permissions are given only to friends of the king), they following all the rules or not.

Re:Not related to Marco Civil or with the not logg (0)

Anonymous Coward | about 7 months ago | (#46866669)

The permits are not easily denied as long as you got all technical details correct: they are left in limbo when "the king doesn't like them".

It is a big problem for commercial FM broadcasting (they cannot operate at all without the permit), less so for experimental low-power stations (they cannot operate either, but the regulating body won't care as long as nobody complains it is interfering with an authorized service of some sort).

Re:Not related to Marco Civil or with the not logg (1)

zedaroca (3630525) | about 7 months ago | (#46866543)

Thanks for the post. I've always assumed there was EE people involved with Radio Muda. I'm not sure there's anything that would help to get the permit though. They might try to get it now that they are being seized constantly, we'll see if the university will be of any help.

Re:Not related to Marco Civil or with the not logg (0)

Anonymous Coward | about 7 months ago | (#46866939)

I sure hope they asked for one already. It is not like they're not eligible if they do their homework and change a few things here and there. Although there *is* already an "open" non-commercial FM broadcasting station in the city, operated by the local government (http://www.educativa.fm.br/), so their elegibility may have been impacted somewhat (or not. I do not know these specific laws in detail).

Also, "rádios educativas" have some operational parameters I am not sure Rádio Muda would like to follow. One of them is that they ARE responsible for everything they transmit, and must record everything *as-transmitted* in a tap right next to the FM transmitter, and ship the resulting MP3 for archival by the government. If someone doesn't like it and sue them, they *will* be held responsible with no anonimity cover at all. The other one is that an practicing EE will have to be technically responsible for the transmitter (this shouldn't be a huge problem in Unicamp :p).

It makes a lot more sense to have these open radios that dislike any sort of government control distributed through a number of RTP proxies over the internet...

No logs (0)

Anonymous Coward | about 7 months ago | (#46864641)

I'd hate to be a sysadmin for a site that keeps no logs.

New law starts on June 22th (1)

zedaroca (3630525) | about 7 months ago | (#46866401)

In Brazil laws come in effect after a period of time after being published (this must be the case with most laws in most countries). Art. 32 of the new law says it will start counting 60 days from being officially published, that will be on June 22th. Here is the link for the law in the government website: L12968 [planalto.gov.br] , just go to the very end, it's the last one.

Also, art. 15 states that internet applications (websites/services?) providers that are organized as companies, and provide the application in an organized, professional and for profit way, are required to keep the 6 months logs (that should have only ip and connection times). I don't believe that's Radio Muda's case, but we'll find out after the law comes in effect.

I'm against the seizure, always liked the people from the radio, am against the communications regulating agency in Brazil, do think radios should be free to operate without being related to the oligarchies controlling the country. But this has nothing to do with the new law.

Re:New law starts on June 22th (1)

zedaroca (3630525) | about 7 months ago | (#46866449)

It's actually very bad that they are coming up with this kind of "international news", tying unrelated things to try to make our government look hypocrite when that's not the case (although they are on other issues). I never got involved with them, but from distance they used to look decent before, like a political group that wouldn't lie like this. Gosh, I'm gonna go protest them next time I go there.

server was seized, almost immediately back online (1)

anarcat (306985) | about 7 months ago | (#46867857)

Here's a communique from SaravÃ:

https://www.sarava.org/en/node... [sarava.org]

fuck beta (0)

Anonymous Coward | about 7 months ago | (#46868619)

fuck beta

Little text about radio Muda in English (0)

Anonymous Coward | about 7 months ago | (#46873889)

Little text about radio Muda in English
http://muda.radiolivre.org/node/261

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