Authors: Alexandre Pacheco da Silva, Ana Carolina Rodrigues, Ana Paula Camelo, Beatriz Katano, Flávio Rech Wagner, Pedro Lana, Raquel Gatto
The concept of digital sovereignty has become increasingly relevant in the contemporary global landscape as countries seek to assert control over their digital infrastructures, technologies, and data. This blog post, which is based on the findings of a research project developed in partnership between CEPI FGV Direito SP and ISOC Brazil and funded by the Internet Society Foundation, explores the multifaceted nature of digital sovereignty, its implications in the Brazilian context, the risks of Internet fragmentation, and the broader insights that can be drawn for other regions and actors.
What is Digital Sovereignty?
Digital sovereignty is a complex and evolving concept rooted in the broader notion of state sovereignty, which traditionally refers to a nation’s authority to govern itself without external interference. In the digital age, this sovereignty extends to the control over digital infrastructure, technologies, data, and the Internet. However, it lacks a universally accepted definition, as its interpretation varies depending on the context.
Historically, digital sovereignty has been associated with the efforts of authoritarian regimes to exert control over Internet operations within their borders. This included censorship, surveillance, and the restriction of information flows to maintain political power. However, in recent years, the concept has evolved to encompass the development and control of digital infrastructures such as data centers and telecommunications networks, the regulation of digital platforms and technologies, and the protection of data from external exploitation aiming at guaranteeing a country’s ability to govern its digital environment independently. Furthermore, the discussion about individual autonomy has gained momentum related to the protection of citizens’ digital rights, economic self-determination, and national security.
Implications of Digital Sovereignty discussions in the Brazilian context
The Brazilian context provides a unique case study for understanding the implications of digital sovereignty, as the country grapples with issues of digital infrastructure, data protection, and platform regulation.
One of the key areas where digital sovereignty is being actively discussed in the country is in legislation. Several legislative proposals have been introduced aimed at regulating digital platforms, artificial intelligence, and the use of personal data. For example, Bill 2630/2020, commonly referred to as the “Fake News Bill”, seeks to regulate digital platforms to combat disinformation. This legislative effort reflects broader concerns about national control over digital infrastructure and the protection of users’ rights in the digital age.
Public consultations have also played a crucial role in shaping the discourse on digital sovereignty in Brazil. The Brazilian Internet Steering Committee (CGI.br) conducted a public consultation on the regulation of digital platforms, which revealed diverse interpretations. Some stakeholders emphasized the need for state control over digital environments, while others advocated for the development of local technologies and the empowerment of individuals to control their own data.
The judiciary in Brazil, particularly the Federal Supreme Court, has also been involved in cases related to this matter. These legal battles have addressed issues such as platform accountability and international data transfer, reflecting the ongoing struggle to balance national sovereignty with global digital practices.
Representatives of civil society and academia in Brazil have been active participants in the discourse on digital sovereignty as well. Together, they addressed the “Digital Sovereignty Letter” to then-presidential candidate Luiz Inácio Lula da Silva, which called for the development of a national technological infrastructure to address Brazil’s structural inequalities. This highlights the broader societal concern about digital sovereignty and its implications for economic and social development in Brazil.
Risks of Internet fragmentation
While the pursuit of digital sovereignty is often driven by legitimate concerns about national security and economic independence, it also carries significant risks, particularly in the form of Internet fragmentation that could affect not just Brazil, but the entire globe. Internet fragmentation refers to the division of the global Internet into isolated national or regional networks, leading to a fractured online experience for users.
One of the primary risks of Internet fragmentation is technical fragmentation. When countries impose specific regulations that are difficult for foreign entities to comply with, it can lead to the creation of separate, incompatible Internet systems. This undermines the foundational principles of the Internet, which are based on openness, interoperability, and global connectivity. As a result, users in different regions may experience varying levels of access to content, leading to a fractured Internet landscape.
Another risk associated with Internet fragmentation is the potential for user experience fragmentation. Legal and regulatory differences between countries can result in a “tiered” Internet, where users in some regions have access to certain content while others do not. This can lead to restrictions on fundamental rights such as freedom of expression and access to information, as users are limited in their ability to access diverse perspectives and information sources.
Security concerns also arise from Internet fragmentation considerations. For example, Russia’s Internet Sovereignty Law allows the government to filter Internet traffic, which undermines the decentralized nature of the Internet and poses significant risks to global cybersecurity. Fragmentation can also create vulnerabilities in digital infrastructure, making it easier for malicious actors to exploit weaknesses in isolated networks.
Finally, Internet fragmentation can hinder global cooperation on digital governance issues. If different regions adopt divergent approaches to Internet regulation, it could complicate efforts to address transnational challenges such as cyber threats and data protection. This lack of cooperation could lead to a fragmented global approach to digital governance, making it more difficult to establish common standards and protocols for the digital age.
Insights for other regions and actors
The research on digital sovereignty and its implications in Brazil offers several insights that could be relevant for other regions and actors engaged in discussions around this concept.
1. Balance national and global interests.
The Brazilian experience underscores the need to find a balance between national sovereignty and global cooperation. While it is crucial for countries to protect their digital infrastructures and data, excessive measures can lead to undesirable consequences, such as Internet fragmentation and reduced international collaboration. This balance is crucial for maintaining the openness and interoperability of the global Internet while addressing legitimate concerns about national security and economic independence.
2. Make policy-making inclusive
The involvement of multiple stakeholders, including civil society, academia, and the private sector, is essential in the policy-making process. This approach can help ensure that digital sovereignty initiatives do not undermine fundamental rights or stifle innovation. By accommodating diverse perspectives in the decision-making process, policymakers can develop more nuanced and effective digital sovereignty strategies.
3. The importance of infrastructure
For countries to be truly sovereign in the digital realm, they must invest in the development of local infrastructures such as data centers, telecommunications networks, and technological expertise. This investment is indispensable for reducing dependence on foreign technologies and ensuring that countries have control over their digital environments.
4. Continuous adaptation to emerging technologies
As these technologies evolve, such as artificial intelligence and 5G, the frameworks for digital sovereignty must also adapt to ensure they remain relevant and effective in addressing new challenges. Policymakers must stay informed about technological advancements and adjust their digital sovereignty strategies accordingly to remain competitive in the global digital landscape.
In conclusion, the concept of digital sovereignty is a multifaceted and evolving issue that carries significant implications for countries like Brazil and beyond. While digital sovereignty offers opportunities for greater control over digital infrastructures and data, it also presents risks such as Internet fragmentation and reduced global cooperation. By balancing national and global interests, involving diverse stakeholders in policy-making, and investing in digital infrastructure, countries can navigate the complexities of digital sovereignty and harness its potential for positive change in the digital age.
Find the full report of the research project “Digital sovereignty: for what and for whom?”
Disclaimer: Viewpoints expressed in this post are those of the authors and may or may not reflect official Internet Society Foundation positions.
The first four authors are with CEPI/FGV, and the last three are with Internet Society Brazil Chapter.