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

[Carolina Rossini]

ops, here the link for the InternetLab article
http://blogs.estadao.com.br/deu-nos-autos/entenda-a-decisao-que-pode-tirar-o-whatsapp-do-ar-no-brasil/

On Thu, Dec 17, 2015 at 12:10 PM, Carolina Rossini <
carolina.rossini at gmail.com> wrote:

> two new pieces of information
> - MC was used by the judge
> - FB/WA had been notified 2 times within the criminal procedure (that is
> under seal) to collaborate with the investigation. Both times the company
> refused to collaborate.
> and I am loving the memes
>
>
> http://tecnologia.uol.com.br/noticias/redacao/2015/12/16/desespero-pela-falta-de-whatsapp-ja-domina-a-rede-veja-memes.htm
>
> InternetLab on the issue (in Portuguse - easy google translate)
>
> On Thu, Dec 17, 2015 at 12:06 PM, Carolina Rossini <
> carolina.rossini at gmail.com> wrote:
>
>> 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
>>
>>
>
>
> --
>
> *Carolina Rossini *
> *Vice President, International Policy*
> *Public Knowledge*
> *http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
> + 1 6176979389 | skype: carolrossini | @carolinarossini
>
>


-- 

*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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