FYI
Da: Per conto di Carolina Rossini
Inviato: giovedì 17 dicembre 2015 16:56
A:
Oggetto: WhatsApp Blockage in Brazil - what do we know
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
+ 1 6176979389 | skype: carolrossini | @carolinarossini