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

[Carolina Rossini]

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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>>>      http://lists.bestbits.net/wws/info/bestbits
>>>
>>
>
>
> --
>
> *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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