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WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

theintercept.com

281–290 of 629 posts

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#281

Earlier quoted context omitted.

It seems to me that they did comply with Brazilian law. They handed over all the conversations they had — zero. Is there a law that says they have to record all the conversations?

They didn’t – they didn’t hand over the IP addresses that were requested.

Where did you read that?

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#282
post #120
post #90

Earlier quoted context omitted.

You are missing the most important part of the story. Facebook and Whatsapp are not ignoring the request. They have said that it is impossible for them to provide the information requested.

That's the problem with all these judicial orders. They think it's a flip of the switch to comply. Why don't the courts provide the money to build the services and infrastructure to comply with the order?

Orders like these are normally written out by judges that are completely oblivious to how reality works. Adding to that the fact that people with power know they tend to get things their way in Brazil, and that the government is all-powerful, I'm quite sure this guy just assumed he could change the laws of the universe with a stroke of his pen.

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#283

Earlier quoted context omitted.

So if a judge demanded a telco hand over an audio recording of any specific conversation, they must comply -- even though calls are not recorded and stored? If a judge demanded the postal service hand over an image of every envelope processed, it must comply -- even though no such images exist? Where does it end?

Look, if a judge has such a right, a corporate lawyer usually has an idea that such a request might come. Companies that do not break law must do what is needed to make sure they will not violate any laws – neither now nor in the future. Or WhatsApp may say – sorry Brazil, we do not think that complying with your laws would be appropriate for us and stop servicing Brazilian numbers until laws are changed. But it's ju…

It's not clear that they are actually violating the law, though. Judges can be wrong too.

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#284
post #268

Earlier quoted context omitted.

So if a judge demanded a telco hand over an audio recording of any specific conversation, they must comply -- even though calls are not recorded and stored? If a judge demanded the postal service hand over an image of every envelope processed, it must comply -- even though no such images exist? Where does it end?

That's why Google doesn't operates in China at full scale. https://en.m.wikipedia.org/wiki/Google_China They decided that was agains the company values to comply with Chinese law, so they stopped offering some services. It's the law, and maybe I don't like it at all, but still I thing that companies should comply. I also thing that that laws should me changed.

[deleted]

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#286

Earlier quoted context omitted.

>>At which point you agree to adhere to their laws and regulations. Uhm nope. If my app(published on Apple Store/Google Play) violated a law in Saudi Arabia and they sent me a letter requesting me to appear and subject myself to 100 lashes for violating their law, I would very promptly disregard said letter, to put it politely.

Then don’t publish your app in those countries.

But....why not? As a person interested in selling my app, why would I not publish it in the largest number of markets available?

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#287
post #268

Earlier quoted context omitted.

So if a judge demanded a telco hand over an audio recording of any specific conversation, they must comply -- even though calls are not recorded and stored? If a judge demanded the postal service hand over an image of every envelope processed, it must comply -- even though no such images exist? Where does it end?

That's why Google doesn't operates in China at full scale. https://en.m.wikipedia.org/wiki/Google_China They decided that was agains the company values to comply with Chinese law, so they stopped offering some services. It's the law, and maybe I don't like it at all, but still I thing that companies should comply. I also thing that that laws should me changed.

Comply with what? What law is being broken here?

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#288
post #55

Earlier quoted context omitted.

there is no coup in place in brazil, stop spreading fud

The only people that say there is no coup going on are people supporting the coup. Please get informed about this discussion.

The impeachment process is strictly following the Constitution and being closely monitored by the Supreme Court. The majority of the Brazilian population, the majority of deputies and the majority of senators support it. The majority of foreign watchers consider it a legitimate process. It is not a coup by any stretch of the imagination.

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#289

Earlier quoted context omitted.

Companies can be punished for failure to obey laws. If a company didn't bother to retain records on who bought something they are now required to recall due to safety failures I can't imagine any country would say that is ok. They would be punished. I don't happen to think the law mentioned is a good one. And I have no idea how the law is actually worded. Depending on how it is worded maybe it is ok to just not keep…

So if a judge demanded a telco hand over an audio recording of any specific conversation, they must comply -- even though calls are not recorded and stored? If a judge demanded the postal service hand over an image of every envelope processed, it must comply -- even though no such images exist? Where does it end?

I shouldn't have used a metadata example with the postal service. Better case: judge demands the postal service turn over a transcript of every exchange between two people for the past year.

Re: WhatsApp, Used by 100M Brazilians, Shut Down Nationwide Today by a Single Judge

#290

Earlier quoted context omitted.

Get a grip on reality and attain an understanding of how these communication systems work, then move on to other avenues of investigation

doesn't law there mandate retaining of all communications for service providers? if that's the case, as hinted by other people, and whatsapp has been found in violation of that requirement, then blocking it seems the correct course of action (given the judge cannot change nor ignore the law) the big IF is what the Brazilian communication law mandates to companies providing a service on their territory.

doesn't law there mandate retaining of all communications for service providers?

From what I can tell (I can read Portuguese, but I'm not versed in Brazilian law), that's only for ISPs.

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