The Open Source Initiative (OSI) recently submitted comments to Brazil’s National Data Protection Authority (ANPD) regarding its draft guidance on technology providers under the ECA Digital framework, a law to protect children and teenagers in digital environments.

Our contribution focused on ensuring that implementation of the law recognizes the unique characteristics of Open Source Software, including community-driven development models, decentralized governance, and the important role that Open Source operating systems play in innovation, competition, and technological sovereignty.

Open Source Software is deeply embedded in Brazil’s digital infrastructure, including public-sector systems, research institutions, and other critical services. As policymakers around the world consider age assurance and online safety requirements, it is important that regulatory frameworks remain compatible with Open Source development and do not unintentionally create barriers for non-commercial and community-led projects.

We are grateful to our partners, including GitHub and Center for Technology and Society at FGV Direito Rio, for their support and expertise. They helped inform our engagement and strengthen the dialogue around Open Source in Brazil.

We look forward to continuing to work with Brazilian stakeholders to ensure digital and emerging technology policies are compatible with Open Source Software development.

Our full submission is available below in both English and Portuguese.

English:

Portuguese: