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

[Grace Mutung'u (Bomu)]

Now this turn of events?
Facebook executive jailed in Brazil as court seeks WhatsApp data
http://mobile.reuters.com/article/idUSKCN0W34WF


2015-12-17 18:55 GMT+03:00 Carolina Rossini <carolina.rossini at gmail.com>:

> 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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>


-- 
Grace L.N. Mutung'u
Nairobi Kenya
Skype: gracebomu
Twitter: @Bomu

<http://www.diplointernetgovernance.org/profile/GraceMutungu>

PGP ID : 0x33A3450F
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