According to Ronaldo Lemos, by referring to "computer networks", "communication devices" and "information systems", the draft law covers not only computers, but also MP3 players, cell phones, DVD players, software systems and even digital TV set-top boxes, not to mention websites. Following this line of reasoning, the bill would cover even the act of unblocking a cell phone.Link (Thanks, Pedro!) Discuss Next post
The professors claim that no country criminalizes access to information on the Internet in such broad fashion. "The closest legislation to what is being proposed here is the one passed in the USA, which criminalizes the act of circumventing technological protection measures. But no law has criminalized access itself," mentions the brief.
Article 285-B qualifies as a crime – also punished with 1 to 3 years of imprisonment and a fine – "to obtain or transfer data or information" without prior authorization of the legitimate owner.
The professors propose the exclusion or amendment of the text of two articles of the draft law. They suggest that the access and transference of information on the Internet be considered a crime only if fraud or "unlawful advantages" are involved.