[governance] Google's officer with detention order in brasil

[Milton L Mueller]

What about the users? Shouldn't they have a say in the rules?

Are you proposing to re-territorialize the Internet so that national governments can have full authority?

According to one Brazilian commentator I interacted with, the law in question is a holdover from Brazil's dictatorship period. Even if it were not, the law in question is an anachronistic attempt to control all public discourse about candidates prior to an election (e.g., it would even be illegal to wear a T-shirt with a candidates' name on it).

The child porn case you cite was a highly politicized exploitation of the issue, and overlooks the fact that Google was being asked to monitor/spy on its users (just as certain laws in the US asked for massive data retention). Next you will say that Google has to be regulated by govt to protect its users privacy, right?

Google or any other multinational social media provider isn't perfect. But terms of use constitute a private ordering that users can opt out of if they don't use the service. Who in Brazil (or any other country) gets to opt out of dumb laws and dumb judges?

From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of Thiago Tavares Nunes de Oliveira
Sent: Friday, September 28, 2012 11:07 AM
To: governance at lists.igcaucus.org; Ivar A. M. Hartmann
Subject: Re: [governance] Google's officer with detention order in brasil

Em 28/09/2012, às 10:35, Ivar A. M. Hartmann escreveu:


For those overlooking the key issue in this and similar cases in Brazil, it is not whether Google wants to secure its holding as a market leader or ensure its profit. The key issue is free speech.

No, is it NOT. The key issue is about power, as highlighted on this Der Spiegel article:  http://www.spiegel.de/international/business/how-google-lobbies-german-government-over-internet-regulation-a-857654.html

The key issue on democracy countries like Brazil is:

"who sets the rules in this business: Google, with its terms of use, or the government and courts?"

I remember you that this was NOT the first time that the chief of Google's office in Brazil faces criminal charges for not comply with brazilians court orders. The former Google Brazil president (now Facebook VP for Latin America) was indicted in 2006/07 for not comply with dozens of brazilians court orders that demanded Orkut users data to assist brazilian law enforcement authorities on child sexual abuse and neonazi cases: http://www.prsp.mpf.gov.br/prdc/sala-de-imprensa/noticias_prdc/noticia-3294  (english auto translation: http://bit.ly/S62POw)

ps: an english background reading on this case is avaliable on WSJ website: http://online.wsj.com/article/SB119273558149563775.html

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