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

[Javier Pallero]

Sorry for the redundance! I see that now.
I had not gone through the whole thread.

Good this is over (for now)!



---

*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 2:32 PM, Carolina Rossini <
carolina.rossini at gmail.com> wrote:

> 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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> https://lists.accessnow.org/listinfo/redlatam
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