Re:Brazilian Judge Shuts Down WhatsApp for 48 Hours
by sangnoir on Thursday December 17, 2015 @05:57AM
(#10750716)
My foundational statements, I think most people would agree to the follwing:
1. Sovereign countries have a right to formulate laws and uphold them to protect their citizens.
2. Companies can choose where they do business. In most cases, the relationship with host countries is symbiotic (benefits include skilled employees/employment, taxes).
No one is suggesting that WhatsApp is breaking the law, however, Brazil requires WhatApps cooperation in a criminal investigation (criminal, by Brazilian law). WhatApp chose not to cooperate. Brazil's judiciary have come up with leverage to gain that cooperation, in the absence of more effective means (arresting WhatApp officers if they had an office in Brazil, as a US would in a Contempt of Court charge)
IMO, legally this is similar to the UK using ISPs to block the Pirate Bay - it's perfectly legal in Sweden.
Extreme example: the US would be entirely within their rights to block an Italian porn sites that has videos of 15 year-olds. The company won't be "lawbreakers", but they are not welcome on US's cyperspace
1. Sovereign countries have a right to formulate laws and uphold them to protect their citizens.
2. Companies can choose where they do business. In most cases, the relationship with host countries is symbiotic (benefits include skilled employees/employment, taxes).
No one is suggesting that WhatsApp is breaking the law, however, Brazil requires WhatApps cooperation in a criminal investigation (criminal, by Brazilian law). WhatApp chose not to cooperate. Brazil's judiciary have come up with leverage to gain that cooperation, in the absence of more effective means (arresting WhatApp officers if they had an office in Brazil, as a US would in a Contempt of Court charge)
IMO, legally this is similar to the UK using ISPs to block the Pirate Bay - it's perfectly legal in Sweden.
Extreme example: the US would be entirely within their rights to block an Italian porn sites that has videos of 15 year-olds. The company won't be "lawbreakers", but they are not welcome on US's cyperspace