The bill that typifies and punishes electronic crimes had its vote excluded from the Senate agenda because it had not previously passed through the Constitution and Justice Commission. Two days ago, PL 35/2012, also known as the ‘Dieckman Law’, began to leave the paper after having been approved by the Science, Technology, Innovation, Communication and Information Commission (CCT). The proposal was that the vote be included off the agenda, with an urgent requirement for the text to be examined quickly, which did not happen.
The law is a criminal complement to the Marco Civil da Internet, legislation developed by the federal government itself that defines the rights and duties of Brazilian Internet users, and should be voted on in September. In view of the original cybercrime project, internet providers would be required to store all the logs (internet activity records) for at least three years, but, as the new law does not mention the topic, it is worth what is stipulated in Marco Civil (log keeping for one year).
The approved text provides for a prison term of three months to one year for those who “search other people’s computer devices, connected or not to the computer network, through an undue violation of the security mechanism and in order to obtain, tamper with or destroy data or information without express authorization. or tacit of the device owner, install vulnerabilities or obtain an unlawful advantage “. Same punishment for those who” produce, offer, distribute, sell or broadcast computer program in order to allow the invasion of another’s computer “.
The penalty will be increased – imprisonment from six months to two years – if the breach results in obtaining content from private electronic communications, commercial and industrial secrets and confidential information. The punishment increases by a third if the crime is committed against the presidents of the three branches (legislative, executive and judicial) at the three levels – federal, state and municipal. In the case of forgery of documents, such as credit and debit cards, the prison sentence of one to five years is a fine.
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