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

[Javier Pallero]

Good news!
The judge issuing the preliminary injunction to restore whatsapp considered
disproportionality as a problem.
http://www.gazetadopovo.com.br/tecnologia/desembargador-libera-acesso-ao-whatsapp-em-todo-o-pais-9wdkje9590dc3io35v0vpaspi

Now, the main action is going to the Court of Appeals (so the matter of the
blocking sanction is not solved yet) It will be solved around February,
since tomorrow is the last working day of the brazilian judiciary for the
year.

We are putting together a post. I will share it as soon as it is ready.




---

*Javier Pallero*

Policy Analyst / Analista de Politicas
Access Now | accessnow.org

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*Participe de RightsCon Silicon Valley, del 30 de Marzo al 1 de Abril de
2016: rightscon.org <https://www.rightscon.org/>*

On Thu, Dec 17, 2015 at 2:10 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
>
>
> _______________________________________________
> RedLatAm mailing list
> RedLatAm at lists.accessnow.org
> https://lists.accessnow.org/listinfo/redlatam
>
>
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