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

[Carolina Rossini]

Telegram it is!!! Plus it is more secure and you can erase messages :-)

On Thu, Dec 17, 2015 at 11:42 AM, Renata Aquino Ribeiro <raquino at gmail.com>
wrote:

> Hi
>
> Just adding some info:
> Whatsapp was fined before being blocked, they just didn't pay the fines
>
> Now Facebook is encouraging Brazilian users to turn to Messenger
>
> Instead half a million started Telegram accounts in over 1 hour
>
> []s
> Em 17/12/2015 10:55, "Carolina Rossini" <carolina.rossini at gmail.com>
> escreveu:
>
>> 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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>


-- 

*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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