terça-feira, 16 de dezembro de 2014

Google Brazil fined for not disclosing suspect's Gmail accounts to the police

Folha, a Brazilian newspaper, has informed (link here) that Google Brazil has been fined for not complying with a judicial ruling commanding it to allow Brazilian investigators to access  suspect's Gmail accounts. 

The judge would have made use of general procedural powers and also of the new Brazilian Internet Law (Marco Civil da Internet). 

Google Brazil reportedly claimed that the messages were stored in the USA, and that some sort of cooperation between Brazilian and American authorities would be required. 

I think this is a good example of the problems with Marco Civil da Internet. Were the messages  physical ones (as in a piece of paper) instead of  electronic ones, international judicial cooperation would be required. But Marco  Civil has allowed Brazilian authorities to essentially extort and coerce foreign companies to comply with order that are ilegal abroad (and sometimes also in Brazil, since disclosure of correspondence is not an easy topic in our jurisprudence).

Please see previous comments on the Marco Civil here.

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