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

theintercept.com

441–450 of 629 posts

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

#441
post #158

Earlier quoted context omitted.

There seem to be a few problems with this analysis. First, WhatsApp is a US company and has no presence in Brazil. Under many readings of US law (specifically, ECPA), US companies are in fact prohibited from complying with requests from foreign law enforcement for content, except in emergencies. Instead, foreign law enforcement must make a request for assistance to the US DoJ, which will then (eventually, and maybe)…

> First, WhatsApp is a US company and has no presence in Brazil. Under many readings of US law (specifically, ECPA), US companies are in fact prohibited from complying with requests from foreign law enforcement for content, except in emergencies. Instead, foreign law enforcement must make a request for assistance to the US DoJ, which will then (eventually, and maybe) process it and serve it on the US company. This is…

As a digital native, I feel like an international Internet is more important than national sovereignty. That is, I don't think the interesting question is whether US or Brazilian law should apply, the question is how to ensure international access to international digital resources.

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

#442
post #440

Earlier quoted context omitted.

> First, WhatsApp is a US company and has no presence in Brazil. Under many readings of US law (specifically, ECPA), US companies are in fact prohibited from complying with requests from foreign law enforcement for content, except in emergencies. Instead, foreign law enforcement must make a request for assistance to the US DoJ, which will then (eventually, and maybe) process it and serve it on the US company. This is…

>In fact, it's kind of insensitive for foreigners to suggest that a judge of a sovereign nation must consider US law in his rulings. It's just as insensitive for a judge of a foreign nation to suggest that all foreigners must consider his rulings when making decisions under their own sovereign laws.

Really it's just absurd that we have borders. Ergo absurd situations arise.

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

#443
post #440

Earlier quoted context omitted.

> First, WhatsApp is a US company and has no presence in Brazil. Under many readings of US law (specifically, ECPA), US companies are in fact prohibited from complying with requests from foreign law enforcement for content, except in emergencies. Instead, foreign law enforcement must make a request for assistance to the US DoJ, which will then (eventually, and maybe) process it and serve it on the US company. This is…

>In fact, it's kind of insensitive for foreigners to suggest that a judge of a sovereign nation must consider US law in his rulings. It's just as insensitive for a judge of a foreign nation to suggest that all foreigners must consider his rulings when making decisions under their own sovereign laws.

[deleted]

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

#444

Earlier quoted context omitted.

> If your position is unpopular with your friends, then it's because you think the law is more important than the entire society it's supposed to protect. Totally agree. This is unfortunately a very authoritarian world of view that is not uncommon.

This has mothing to do with authoritarianism. Upholding the law itself is important. If everybody ignores the law all the time you'll have a pretty shitty society. The Brazilian people have a clear option, vote for officials who have no problem with communication encryption. The solution is not to circumvent the parliamentary democratic process.

Nobody is going to question a law that nobody is willing to defy. And then you'll also end up with a shitty society.

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

#445

Earlier quoted context omitted.

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

Because if you're not willing to do the legwork to see if your app is following the letter of the law in those countries, you may be subjected to being banned due to violation of said laws.

That's not really an argument. Go ahead and ban it. There's no reason anyone should preemptively ban themselves just because someone else wants them banned.

It's a bit like saying "You should hang yourself, because if you don't, I'll hang you." The proper response is "get on with it then."

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

#446
post #249

Earlier quoted context omitted.

Oh ffs, here we go again. Yes, the signal protocol and signal's implementation are both open source, but you have no way to actually verify that WA has actually implemented the protocol correctly and securely. Sure you could do some basic packet analysis but this wouldn't tell you about the presence of any remotely triggered backdoors. The only way for you as a user to actually verify the security is by reading the s…

There are many ways that both WA and Telegram can be subverted/backdoored/messed up. What it really comes down to, is who do you trust? Do you trust WA or Telegram? Personally, I trust WA a lot more than Telegram since WA has Moxie on their team and Telegram says, "Trust us" and a very unreasonable security challenge. I naturally don't trust people that say "Trust us" and put up unreasonable security challenges.

WhatsApp are owned by a company that is known to cooperate with PRISM. For that reason, I can't trust them.

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

#447
post #419

Earlier quoted context omitted.

If you think harder you will realize that is false. The rule of law itself has value, and we can only live in a lawful society if we respect all laws and change them via established processes. Otherwise someone may decide that your favorite law is "idiotic" and you will have no recourse.

Civil disobedience is a very "established process".

Civil disobedience does not imply impunity. You disobey the law and you face the consequences. That's how civil disobedience works. If too many people disobey the law, it eventually gets noticed.

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

#448
post #178

Earlier quoted context omitted.

They dont have to fly anyone down to brazil. They had someone there. He was arrested a few months go for not fulfilling the request. Its all in the article we are commenting on.

Terrifyingly Brazil is probably on the no-go list for lots of Apple employees right now, like how the Middle East is in general for LGBT people.

Apple has offices and operates legally in Brazil and has done so for many decades. As far as I know, they aren't violating any local law.

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

#449
post #384

Earlier quoted context omitted.

No, he does not have that right. By that same logic brazilians shouldn't be allowed to visit websites from any other country where there's a discrepancy with brazilian law. With a government like ours next thing you know we have our own Great Firewall. This kind of thing can't even be enforced, being so easy to bypass.

except you are wrong. e.g. https://en.wikipedia.org/wiki/Countries_blocking_access_to_T... every country treats certain content as criminal as they wish. Where the servers are is just a minor detail.

No it's not a minor detail, because it's easy to bypass, specially if its a decentralized service. Nevertheless its an outrageous retrenchment of our freedom.

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

#450

Earlier quoted context omitted.

No, it's not a political limbo. It got voted in the congress just as the law requires and is awaiting the voting in the senate just as the law requires it. The president of the STF presides the hearing on the senate where testimonies are gathered, and the STF votes for the impeachment. It's not "a coup" just because it hasn't reached that state yet. Stop spreading misinformation.

You are the one not well informed. The STF allowed the process to continue because it doesn't want to interfere with the prerogatives of the congress. But in the STF hearing of 4/14, they decided that the accusations need to be analyzed by the judges for the process to be valid. This means that the supreme court can stop this process to decide on the criminal charges that have been made against president Rousseff whe…

>The STF allowed the process to continue because it doesn't want to interfere with the prerogatives of the congress. But in the STF hearing of 4/14, they decided that the accusations need to be analyzed by the judges for the process to be valid.

This is the case for EVERY IMPEACHMENT proceeding. It's called separation of powers.

>Without criminal charges, the impeachment is invalid according to the constitution, it doesn't matter how many votes it had.

Except there are criminal charges, in this request and in the dozen other requests that are awaiting. Stop spreading misinformation.

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