The National Telecommunications Agency (Anatel), John Rao said on Monday (2) that the WhatsApp application blocking across the country is a disproportionate measure because it punishes users of the service. "WhatsApp must comply with the court orders within the technical conditions it has. But of course the blockade is not the solution," he added.

According to Rezende, Anatel may not take any action to restore service, because it is not part of the court decision. The Ministry of Communications said it will not stand at the moment on the court decision which ordered the blockade of WhatsApp.

Remember that the connection via Wi-Fi will also be blocked by fixed-line operators that have been triggered. Vivo has already confirmed it will suspend access to the application for access also by fixed broadband, as well as the Net. Of course, Hi, Tim and Nextel have also confirmed the blockade. Small operators like Algar, Sercomtel and Porto Seguro Connect, which have not been activated, continue to send messages by the application.

Understand the case

By determination of the Court of Sergipe, telephone operators blocked the WhatsApp application services around 14 hours on Monday (2). The measure applies initially for 72 hours, but if there is an injunction overturning the decision service can be resumed before that time. The order came from Marcel Montalban judge, the same as in early March ordered the arrest of the vice president of Facebook in Latin America, the Argentine Diego Jorge Dzodan.

The judge granted an injunction ingressada by the Federal Police, with a favorable opinion of the prosecution, as WhatsApp did not fulfill the requests of justice, even after the arrest warrant of the representative of Facebook in Brazil.

The court order is breaking the confidentiality of application messages for research on organized crime of drug trafficking in the city of Lagarto / SE. The judge also said that the precautionary measure is based on arts. 11, 12, 13 and 15, caput, paragraph 4, of the Civil Marco Internet Law.

In March, the court had asked the physical address where the traffickers were exchanging messages both by Facebook and by WhatsApp, messages that also belongs to the Facebook app. The company said, in previous cases, which do not have the data requested by the Brazilian courts, not storing data conversations - she said, only has the phone numbers.

Whats says it cooperated with the Justice

"After cooperating with the full extent of our ability with the Brazilian courts, we are disappointed that a judge of Sergipe decided to again order the WhatsApp block in Brazil. This punishes decision over 100 million people who depend on our service to communicate, manage its affairs and more, to force us to deliver information that stated repeatedly that we do not, "said WhatsApp on the new decision of the judge Marcel Montalban.

Some experts say that WhatsApp has to follow Brazilian law and should cooperate more with the government. According to the Brazilian Civil Marco, WhatsApp --by have representation in the country, in which case is the Facebook-- is obliged to keep all user access records for a minimum of six months and provide them by court order. Term that can be extended depending on the court order. "Applications may be required to store the information about certain users from receiving an order," said Renato Opice Blum, professor and coordinator of the digital right Insper.

WhatsApp in the hot seat since 2015

In December last year, the court ordered to suspend WhatsApp for similar reason, based on the law of the Civil Marco Internet, which requires that the country offered services comply with Brazilian law. The blockade was to last 48 hours, but in the end the application was 12 hours out of the air. Several features requested the application back by considering the exaggerated action to leave millions of people without access to the app. The HI was one of the companies that filed suit. This time, none of the operators positioned on go to court to ask for the cancellation of the blockade.

In February 2015, the Court of Teresina, Piauí, also ordered the suspension of WhatsApp not comply with court decisions. But operators appealed and the application had not suspended its operation.

Experts interpreted at the time it was an attempt to force the company to cooperate with the investigation of serious crimes, since the application of fines had no effect.

(With Agency Brazil)

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