"Carolina Dieckmann" law makes it a crime to touch someone else's cell phone

From yesterday, March 2nd, the new law on computer crimes. The law (No. 12.737, OF NOVEMBER 30, 2012.), known as “Carolina Dieckmann Law“, makes the act of invading, snooping or publishing mobile content a crime, tablets or someone else's computer. The “peculiar” nickname given to the law is due to the incident suffered by the global actress where, after breaking into her cell phone, she had her private photos shared on the internet. The case literally gave rise to discussions that ultimately resulted in the creation of the law. The penalties range from fines or 3 months to 2 years in prison.

In fact, the "computing device” in question, needs to contain some security measure that restricts access by anyone other than the owner of the same. This means that the computer, tablets or cell phone cannot be free, without a password, that is, free for anyone to snoop around. If I give my wife my email password, for example, when she accesses it, there is no invasion. Intrusion occurs when a security device is breached. If I give the password, it hasn't been breached, and I've given it up. The same goes for those who don't use a lock screen on their cell phone. If someone takes it and accesses it, there is no security device involved.

The law is not just to attack the “envious” or “lovingly dissatisfied”. Its objective is also to prevent cases of fraud and theft of bank details or virtual purchases. Mainly, those intrusions aimed at stealing victims' passwords or credit card numbers, including e-mail or social network account intrusions.

See the full content of the law by clicking on this link: “Carolina Dieckmann Law”.

Below, you can watch a video professors Marcelo Lebre (Criminal Law) and Rodrigo Bello (Criminal Procedural Law) comment on the new law:

https://www.youtube.com/watch?feature=player_detailpage&v=-XB5ot8iuHg