The Anatel text classifies as “agents responsible for connectivity enabling services” companies that offer “domain name resolution (DNS) services, traffic exchange point management, content delivery networks (CDNs) and cloud service provisioning,” in addition to other services and infrastructures that enable internet access.
Thronicke received the draft of the bill from Anatel president Carlos Manuel Baigorri at the end of last year. She told JOTA, through her press office, that she has already analyzed the text with her office team and with the CPI consultants and that the proposal is “ready to be presented in the CPI’s final report, as part of the proposals to adapt the legislation for the sector”. In this case, the bill would be authored by the committee and would be processed in the Senate.
The proposal foresees changes to articles 18 and 19 of the Internet Civil Rights Framework, with the latter being analyzed by the Federal Supreme Court (STF) in actions that could lead to its unconstitutionality.
Among other points, Anatel intends to include in article 18 that it is the competent body to “regulate, monitor and sanction” companies that offer connectivity enabling services, “including obligations to establish a legal representative in the country, as well as the execution of the registration of Domain Names, the allocation of IP (Internet Protocol) Addresses and the administration related to the Top Level Domain”.
The agency argues that, without the approval of the measure, it is “impossible to effectively comply with the Betting Law,” and cites as an example the case of the social network X, which, in September of last year, used the infrastructure offered by three CDN companies (Cloudflare, Fastly and EdgeUno) to circumvent the blockade that operators had imposed on the platform in compliance with a decision by the Supreme Federal Court.
Anatel also suggests that article 19 of the Internet Civil Rights Framework clarify that “administrative authorities, provided they are legally established with such powers”, may also request “the removal of content considered to be in violation of the legislation and regulations.”
The text in question had also been sent to the Secretariat of Prizes and Betting (SPA), of the Ministry of Finance, and to the Ministry of Sports, but Anatel had not received any responses from either the government or Thronicke’s office up until then.
When asked about the content of the draft and its interest in seeing it approved by Congress, the SPA stated that it only understood “that improvements to Anatel’s tools, from a legal standpoint, could be beneficial to the efficiency of its responsibilities, which could corroborate cooperation with the Secretariat in the performance of its legal and regulatory responsibilities.”
The National Secretariat for Sports Betting and Economic Development of Sports, linked to the Ministry of Sports, also stated in a note that it had spoken to the SPA about the matter and that it was “in complete agreement” with the Treasury. It stated, however, that it “welcomes Anatel’s initiative to try to improve the mechanisms for blocking and controlling illegal websites, seeking legislative authorization for this,” and that it “has a full interest in seeing the text approved based on what was proposed.”
“Obviously, this depends on analysis by the members of parliament and the entire process for approving a bill,” the ministry added.
Source: Jota
