Il blocco sembrerebbe rimosso

http://feedproxy.google.com/~r/WwwhatsNew/~3/UNKbxJPkMmo/

Il giorno 17 dic 2015, alle ore 17:24, Blengino <blengino@penalistiassociati.it> ha scritto:

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

http://www.publicknowledge.org/

+ 1 6176979389 | skype: carolrossini | @carolinarossini

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