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

Carolina Rossini carolina.rossini at gmail.com
Thu Dec 17 12:32:56 EST 2015


That was in my first email Javier ;-)

On Thu, Dec 17, 2015 at 12:13 PM, Javier Pallero <javier at accessnow.org>
wrote:

> 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
>
> PGP 0xEBFD028A
> Fingerprint 0503 FBA1 10B2 B83C 61FC FE3B 4E7E EBDD EBFD 028A
>
> *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
>>
>>
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>>
>
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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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