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

theintercept.com

481–490 of 629 posts

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

#481
post #75

Earlier quoted context omitted.

> Nothing to see here I feel like this is an overly dismissive attitude to have, even, or especially if, everything you said is true and this is some common behavior.

Unfortunately this became common for Brazilians in the last few years. Judges are perceived as having extraordinary powers over everyone's lives. In the last few months, lower court judges have blocked actions of the president of the republic. They have also put in jail some of the richest people in the country, supposedly for corruption, but also for political reasons.

> They have also put in jail some of the richest people in the country, supposedly for corruption, but also for political reasons.

Yes, the owner of the biggest construction company in Brazil, that had a sector dedicated for paying bribes, was "supposedly" arrested for corruption.

What a joke

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

#482

Earlier quoted context omitted.

> If they have no presence in Brazil, how did they get shut down in Brazil? Blocked at the ISP level.

Seems like a flaw in the service if it can be shut down that easily.

Why is that a flaw in the service? The ISP/mobile operator is essentially the gatekeeper to the Internet; having them block WhatsApp (or anything else) is just a case of them adding a block rule to their DNS.

What would interest me is knowing whether or not access is still blocked if you change your default DNS server to something like 8.8.8.8?

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

#483
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)…

If a US law makes it impossible for a US company to comply with laws in another country in which they operate, that other country has the right to prohibit said company from operating there.

That doesn't mean it's wise for the said country to do so. In this case, doesn't seem like it is.

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

#484
post #482

Earlier quoted context omitted.

Seems like a flaw in the service if it can be shut down that easily.

Why is that a flaw in the service? The ISP/mobile operator is essentially the gatekeeper to the Internet; having them block WhatsApp (or anything else) is just a case of them adding a block rule to their DNS. What would interest me is knowing whether or not access is still blocked if you change your default DNS server to something like 8.8.8.8?

Changing the DNS server has no effect; I use Google's and it's still blocked.

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

#485
post #380

Earlier quoted context omitted.

> Under many readings of US law (specifically, ECPA), US companies are in fact prohibited from complying with requests from foreign law enforcement for content i know nothing about law, but where are you getting this from? does not seems to be the case with any company in china (yahoo gave in, google decided to leave) for example.

The difference is likely that these companies had the type of presence that causes Chinese law to come into effect ... such as physical presence (servers), buildings (owned property), human presence (employees, especially if they're Chinese citizens), financial presence (bank accounts, insurance), business/legal presence (i.e. local corp, subsidiary, company of some sort).

And in that case, it's the Chinese subsidiary that makes the decision to comply with Chinese law, as it obviously has to.

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

#486
post #410
post #188

Earlier quoted context omitted.

Brazil already arrested a Facebook executive and detained them for 24hrs this year over the fact they said there is nothing that can do regarding the information request. I'm not sure what you're proposing Facebook to do here? Hand over useless encrypted data? Hold a cryptography seminar for Brazillian law enforcement to explain what end-to-end encryption means? Have more of their employees risk arrest?

They should say it like it is, and FB having a high visibility platform is a plus. Just put a banner there saying those guys are idiots in an authoritarian power trip, and fuck them. After that you'll probably be found dead or something. So YMMV

Putting up banners with "fuck them" is not how companies work, and it is not a good communication strategy.

Some more subtle hints may work better, but generally, what Facebook says, "it can't be done" is the correct strategy.

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

#487

Earlier quoted context omitted.

There's no such thing as a country whose laws can't be changed. Only countries where the people don't care enough to do what's necessary to change them.

Oh, now I understand North Korea's problems!

Do you have an actual argument? People get the government they deserve.

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

#488

Earlier quoted context omitted.

The app stores operate there as distributors. Just because my product is distributed somewhere by a third party doesn't necessarily mean I operate there. If an art dealer sells a painting to someone in brazil, does it mean the original artist operates in Brazil?

I think the difference is that you /knowingly/ (to an extent) sell your app to Brazil. If you sell your art depicting, say, women in power to Saudia Arabia to someone here and they move to Saudia Arabia and sell it, it's not your fault. But if you told him it's ok to sell that painting in Saudia Arabia, I would assume you can be held liable. (Not that I agree with that, but that's what it looks like)

In the artist/dealer scenario, only the latter is actually under the legal jurisdiction of Saudi Arabia and could be legally compelled to follow a court order. They can choose to hold anyone liable but their legal and practical ability to compel an entity to comply doesn't extend beyond their state unless they have an agreement with another state.

Apple has a corporate office in Brazil (google too) and they're the ones who distribute and approve the application for sale there. They're legally required (I assume) to respond to legal notice they're served with. WhatsApp is not legally required to do so, and others have pointed out that it might not even be legally feasible for them to do so.

Of course this situation is more complex because obviously Apple doesn't have the data and I doubt Brazil wants to get into a legal battle with Apple. And although Brazil doesn't have the ability to force WhatsApp to comply with anything, they do have the leverage of being able to shut down their service. Should make for an interesting story to follow.

At the very minimum, if they had served Apple/Google instead, they would have had a legal requirement to actually respond. I don't know much about the actual case so these are mostly assumptions.

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

#489

Earlier quoted context omitted.

This ruling makes end-to-end encryption illegal where, a service provider at no time holds the keys to decrypt messages between communicating parties. This is a protocol decision and since the Snowden revelations, a point of concern for civil libertarians. The Apple v FBI debate is a child of these exact concerns. The idea that governments want to legislate unfettered access to private communications and devices shou…

> This ruling makes end-to-end encryption illegal where, a service provider at no time holds the keys The Big Company (like WhatsApp, Google, Apple) is always the easy target for subpoenas, judicial orders, and National Security Letters when it comes to encrypted transmissions. Here's an idea for a legal maneuver to take Big Company out of the picture: Suppose crypto was handled by an open source 3rd-party program th…

Such as Tor?

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

#490
post #90
post #64

I'm here to defend the judge's ruling, a position very unpopular among all my friends here in Brazil. Brazilian law regarding regarding privacy of users of internet services is very recent and clear: if a judge order the company to share a specific user data, the company must comply. You can disagree with the law, but the law is there. Now, the judge ordered Whatsapp to share a particular user conversation (a suspect…

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.

It doesn't matter what 'they said', if it was not 'said' in formal legal response. If you are subpoenaed, you don't go ahead and publish in your blog 'hey judge, I've done nothing', you hire a lawyer and do it via legal channels. Facebook/WhatsApp haven't done the legal work, thus, their answer amounts to nothing.
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