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

[Robert Guerra]

Personally I would recommend Signal over Telegram. It has far better 
security than Telegram…

it’s available for Android and iOS - https://whispersystems.org/

regards

Robert


--
Robert Guerra
Phone: +1 416-893-0377
Twitter: twitter.com/netfreedom
Email: rguerra at privaterra.org
PGP Keys : https://keybase.io/rguerra

On 17 Dec 2015, at 12:06, Carolina Rossini 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
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