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

Carlos Afonso ca at cafonso.ca
Thu Dec 17 18:41:52 EET 2015

Decision has been overturned by the courts. Whatsapp is working normally
in BR now.


On 17-12-15 10:55, Carolina Rossini wrote:
> 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
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