[bestbits] WhatsApp Blockage in Brazil - what do we know

[Carolina Rossini]

all we know is:

- this decision came out as part of a criminal case that is under legal
confidentiality ("justice secret")

- so all our information is based on press releases from Sao Paulo courts

- more than 100 million Brazilians use WhatsApp

- 0hrs of the 12/17 was when the 48hrs started -
http://www.tjsp.jus.br/institucional/canaiscomunicacao/noticias/Noticia.aspx?Id=29056

- a superior tribunal, on  the morning of the 17th, invalidated the Sao
Bernardo Judge -
http://www.conjur.com.br/2015-dez-17/tj-sao-paulo-suspende-bloqueio-aplicativo-whatsapp

- it seems the blocking was based on the refusal of WhatsApp to provide
data that was relevant to a criminal investigation...WhatsApp/FB used old
arguments (similar to 2007/2008 Google cases), saying Brazil did not have
the jurisdiction

- based on MC, Brazil does have jurisdiction

- BUT, the decision was just now invalidated since it was disproportional
and unnecessary...it inflicted consumers/users...and not only the company.
The judge could have just threaten the company with gigantic fines or
possibly to put executives in jail ...but not cut the whole service

- MC needs to be applied following the Constitution and its own principles,
not in a vacuum

- BUT....IT IS IMPORTANT TO notice that since the case in going under
justice secret, we do not even know if MC was used in the judge legal
rational for the blocking

- WhatsApp/FB position was extremely not helpful to the discussion of
internet rights in Brazil ...it puts the discussion back to arguments from
2007/2008...and belittles MC debate and achievements

- this might have terrible repercussions for the reform of telco law in
Brazil, where telco companies what to have OTT companies regulated
-- 

*Carolina Rossini *
*Vice President, International Policy*
*Public Knowledge*
*http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
+ 1 6176979389 | skype: carolrossini | @carolinarossini
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