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Sergio Amadeu da Silveira - Cidadania e Redes Digitais

Sergio Amadeu da Silveira - Cidadania e Redes Digitais

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eng<br />

c i t i z e n s h i p a n d d i g i t a l n e t w o r k s<br />

to act legally against a large number of interagents, which demands the capacity of<br />

civilly identifying them, as we can notice in the description below, from another<br />

section of the IIPA report, on page 149, about Brazil:<br />

“Data withholding: The Business Software Alliance points out that there is no<br />

specific legislation setting forth a minimum period of time for the providers<br />

to keep records of the transactions carried out in the Internet. Currently, the<br />

providers keep the <strong>da</strong>ta for a short period, which makes it difficult to follow and<br />

investigate piracy in the P2P networks (ideally, such <strong>da</strong>ta should be kept for,<br />

at least, from 6 months to 1 year). In a recent legal litigation brought by a national<br />

group of the phonographic industry (ABPD) against a group of uploaders<br />

from São Paulo, the Court authorized the obtainment of evidence. However, the<br />

provider was incapable of supplying the <strong>da</strong>ta due to the delay of the Court in<br />

reaching such decision. The access provider simply “lost” the information while<br />

the legal sentence was expected. This specific deficiency can certainly frustrate<br />

the endeavors developed by the phonographic industry in Brazil to challenge<br />

the illegal mass music files exchange that occurs through the P2P networks. The<br />

Conselho Nacional Contra a Pirataria [National Council Against Piracy] (SIC)<br />

shall dedicate resources to analyze the applicable laws in Brazil, in order to supply<br />

clear recommen<strong>da</strong>tions for a solution of these cases.”<br />

Due to arguments completely different from those of the copyright industry, the<br />

legal and Police devices and institutions have the need of civil identification of the<br />

Internauts as an essential condition to fight the pedophilia networks and personal<br />

threats and attacks, the so-called cyberbullying.<br />

“Few things became as global as the threats to children in the Internet. According<br />

to <strong>da</strong>ta from the International Criminal Police Organization (Interpol), the<br />

diffusion and the sale of child pornography represent half of the crimes committed<br />

through the worldwide computers web, even more than digital piracy and<br />

financial frauds. The relative anonymity in the web facilitates the intromission<br />

in the lives of others by pedophiles, counterfeiters and swindlers. According to<br />

the Interpol, this crime grows at a rate of 10% per year, driven by the sophistication<br />

of the suppliers of this type of material and the near invisibility of its<br />

consumers” (KÖNIG, 2009).<br />

In the first years of the 21st century, there has been a great pressure for reducing<br />

or eliminating the possibilities of anonymous communication in the Internet,<br />

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