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Telegram gains 1M users after Whatsapp ban

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Re: Telegram gains 1M users after Whatsapp ban

#131
post #86
post #82

Earlier quoted context omitted.

You have to do it every time you use WhatsApp web. Not for each message, but it's an unwanted ceremony nonetheless.

No. It's only the first time. Then the key is stored in the browser forever (or, at least, for a very long time)

Not for me. It's every time, even though I can see right in the app my exact computer & browser it still wants me to re-scan.

Re: Telegram gains 1M users after Whatsapp ban

#132
post #126
post #65

I'm a judge in Brazil. Even tough I'd pray to not be the one that had to give such an impopular order (affecting more then 100 million Brazilians - WhatsApp is really a hit here), we have laws in this country and we must prosecute criminals. Mark's talk about privacy is, in my opinion, totally misplaced. No right is absolute, and that includes the right to privacy. Criminals, for example, simply don't have it. This i…

> In Brazil, only a judge can authorize someone to be wiretapped In https://news.ycombinator.com/item?id=10749400 , it is claimed that "It says basically that police can require records of visited CONTENT without a court order and the ISP is required to supply that without informing the user." He is corrected by someone saying the text means metadata and not content. Which is true? Do you not consider grabbing metada…

This distinction between metadata and data is getting old. Metadata is personal, revealing information to a large degree. The analogy with envelopes and the address written on the outside is absurd. There is a huge difference between that and the huge electronic logs they create from our mobile phones and internet activities (such as cell tower based location, search keywords on http sites, etc)

Metadata is still privacy infringing personal data.

Re: Telegram gains 1M users after Whatsapp ban

#133
post #65

I'm a judge in Brazil. Even tough I'd pray to not be the one that had to give such an impopular order (affecting more then 100 million Brazilians - WhatsApp is really a hit here), we have laws in this country and we must prosecute criminals. Mark's talk about privacy is, in my opinion, totally misplaced. No right is absolute, and that includes the right to privacy. Criminals, for example, simply don't have it. This i…

"No right is absolute, and that includes the right to privacy. Criminals, for example, simply don't have it."

You determine who is a criminal so you determine who has the right to privacy? Maybe you are a reasonable person but I think it is naive to operate under the assumption that governments/judges will always be reasonable. I think indeed that you may be spied upon when you are suspect of a crime but to force Whatsapp to store all messages (diminishing everyone's privacy) due to a couple of criminals sounds like a bad idea to me.

So the right to privacy should be absolute, until you disrespect other people's rights (the only thing that should be a crime). So do good policing, don't take privacy away from innocent, free (wo)men.

Re: Telegram gains 1M users after Whatsapp ban

#134
post #101
post #83

Earlier quoted context omitted.

Its absurdly simple to make someone an alleged criminal. You simply need to accuse them of a crime. There are many countries where the government does exactly this - they accuse people such as human rights activists of crimes like "fomenting discord" and "promoting unrest" and lock them up. Under your enlightened regime of revoking the human right of privacy from alleged criminal, these people would have no recourse.…

No, it's not, at least not in Brazil. As mentioned above, wiretapping need to be authorized by a judge. The police must provide a reasonable justification. If the provided justification is weak or deemed unlawful, a lawyer can exclude all the data collected in trial. If privacy is a human right that cannot be violated ever, how are going to deal with criminals that use services such as WhatsApp?

I appreciate that Brazil has implemented this well. Suppose I told you that it was exactly the same in China - the police provide reasonable justification, judges approve the request and only then is someone's privacy violated. Would you buy it? Or would you point out that judges in China are merely rubber stamping authorities?

And lest you think that this is only a problem with China, America has the exact same issue. The FISA court was supposed to hear requests for people's private info but it was a glorified rubber stamp, granting 99.9999% of requests. And that's the problem, you cannot have a free and vibrant democracy when people's privacy is negotiable.

Perhaps that sounds like hyperbole, but have a look at what other commenters are saying about fishing expeditions and tell me if you still think so.

Re: Telegram gains 1M users after Whatsapp ban

#136
post #65

I'm a judge in Brazil. Even tough I'd pray to not be the one that had to give such an impopular order (affecting more then 100 million Brazilians - WhatsApp is really a hit here), we have laws in this country and we must prosecute criminals. Mark's talk about privacy is, in my opinion, totally misplaced. No right is absolute, and that includes the right to privacy. Criminals, for example, simply don't have it. This i…

By blocking WhatsApp nation-wide you are putting the burden of losing the main means of communication on the backs of 100 million Brazilians, for a matter that concerns only to a few people.

Of course WhatsApp and Facebook are not above the law, but was the decision reasonable at all?

Re: Telegram gains 1M users after Whatsapp ban

#137

Earlier quoted context omitted.

You do get to ignore judicial orders if you are outside of their jurisdiction. If, say, a valid legal authority in Iran issues some judicial order that affects me or some content that I have published (even if it is accessible in Iran), then it is perfectly reasonable to ignore it as long as I'm not in Iran, don't have an office there, etc. I am not and should not be bound by Iran's laws and judgements, I reside else…

> You do get to ignore judicial orders if you are outside of their jurisdiction. That's nice to say in theory, but in practice it doesn't work. Just ask Microsoft. [1] [2] Fact of the matter is, if the Metropolitan police came to Facebook with the proper paperwork requesting data on a British user as part of a criminal case, Facebook would cooperate with them. > Should Whatsapp censor messages critical of Thailand's…

The countries have every right to legally prosecute their residents for breaking the local law. This doesn't mean that everybody worldwide has a duty to assist this prosecution. Even more, there are many cases (e.g. those I listed above) where a honest person should not cooperate but hinder and obstruct this foreign legal prosecution as much as their own local laws allow.

Whatsapp has a duty to protect their user's privacy. Unless they receive a binding legal order from their authorities (in Whatsapp's case, USA) it is entirely right to ignore nonbinding requests from judges in Brazil, Thailand, Iran or everywhere else. Simply submitting to out-of-jurisdiction authorities is not due process, it is sharing personal data with third parties without the user's consent which (IANAL, IMHO) is legal in USA but would be prohibited if, for example, Whatsapp was headquartered in EU.

In your examples, the listed companies (or their appropriate subsidiaries) are subject to those laws because they are headquarted there, those laws are their local laws exactly unlike the nonexistent legal relationship between Whatsapp and Brazil.

Some countries will have bilateral agreements to obtain evidence from abroad - a process on how e.g. Brazil law enforcement could cooperate with USA law enforcement to get a request that has some legal force in USA (and vice versa). In the absence of that, a provider should side with their users privacy and ignore foreign requests as a policy.

Re: Telegram gains 1M users after Whatsapp ban

#138
post #128

Earlier quoted context omitted.

The point of secure communication is that nobody except the sender and receiver can read it. It's not that we all agree not to read it unless we really really think the people are bad. That is not security. So, you either have secure communication systems available for everybody, and accept that the government is not always going to get what it wants, or you don't. There is no such thing as a secure system that a thi…

I'd say the point of security in communication is being able to verify that all participants are who they say they are. More so than hiding the content from third party. ;-)

That's a debatable definition, to say the least. I'm not saying authentication is not an important part of security, but saying it is the only important part is quite a stretch, don't you think?

Re: Telegram gains 1M users after Whatsapp ban

#139
post #65

I'm a judge in Brazil. Even tough I'd pray to not be the one that had to give such an impopular order (affecting more then 100 million Brazilians - WhatsApp is really a hit here), we have laws in this country and we must prosecute criminals. Mark's talk about privacy is, in my opinion, totally misplaced. No right is absolute, and that includes the right to privacy. Criminals, for example, simply don't have it. This i…

> But that's because you are good people and see the matter with those eyes...

Good point. Similar thing can be said about law enforcement. They see bad all the time, so they are more likely to see everything as bad and push for legislation that is privacy restrictive because of that. Good people who see good need to be vigilant so that their rights are not diminished.

Re: Telegram gains 1M users after Whatsapp ban

#140
post #65

I'm a judge in Brazil. Even tough I'd pray to not be the one that had to give such an impopular order (affecting more then 100 million Brazilians - WhatsApp is really a hit here), we have laws in this country and we must prosecute criminals. Mark's talk about privacy is, in my opinion, totally misplaced. No right is absolute, and that includes the right to privacy. Criminals, for example, simply don't have it. This i…

Wouldn't it be more reasonable to ask for communication services to start recording after someone is suspect instead of wiretapping everyone?

Isn't that's how it works with phone calls?

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