About
Project
BLOQUEIOS.INFO is a platform that gathers information about judicial proceedings that have led, could have led or can lead to the suspension of Internet applications (web pages or applications) in Brazil. App blocking is a serious – not to say drastic – measure, and needs to be monitored carefully. In addition to often being tied to complex legal standoffs, blocks may negatively impact human rights, the Internet infrastructure, and the economy.
Legal standoffs
Internet application blocking orders often arise from true legal standoffs. They originate from disputes involving complex discussions on the extension of national jurisdiction over digital services, foreign-based companies’ compliance with national judgments, limitations on the freedom of expression for the protection of other rights, the scope of protection of economic freedom and innovation, and the use of technologies such as encryption.
Due to the size they have reached and to the legal disagreements about their legality, blockages have become a constitutional issue in Brazil: two constitutional complaints brought before the Federal Supreme Court – a claim of non-compliance with a fundamental precept (ADPF 403) and a direct action of unconstitutionality (ADI 5527) – have challenged the constitutionality of such measures. At stake are constitutional provisions, such as freedom of communication (Article 5, IX, of the Federal Constitution), and legal provisions, such as those laid down by the Civil Rights Framework for the Internet (Law No. 12.965/14).
Impacts on Human Rights
Blocks on Internet applications are deeply concerning when analyzed from a human rights perspective. That is because the Internet user loses full control over his or her Internet experience, as the suspensions interfere with their freedom to seek, receive and impart ideas and information. In other words, app blocking compromises the free flow of data in a country or region and potentially the access of millions of people to information and services. In the recent occasions in which WhatsApp was blocked in Brazil, for example, more than 100 million people were affected, which constitutes about 50% of Brazil’s population and 10% of users of the app in the world.
Impacts on infrastructure
Blockages operate in the infrastructure layer, seeking to completely restrict access to certain applications, services and content. By doing so, they contradict a core principle of Internet design: end-to-end neutrality, which refers to the idea that the Internet is fundamentally a “network where origin and destination talk without interference” and that “protocols are neutral in relation to the contents of packages” that traffic on the net, as Demi Getschko explains. When app blocking is state-mandated, such as by judicial authorities, intermediaries who make up the network, such as Internet connection providers (NET, VIVO, Oi, TIM, etc.), are coerced to act against this principle.
Impacts on the economy
Blocks on Internet applications directly impact the economy of a country. They affect not only the targeted company’s business, but all users, people and companies, that use and depend on the application in their professional activity. A Brookings Institution study pointed out that the bans on WhatsApp cost US$ 116 million to Brazil’s GDP, for example. These measures also undermine investors trust to undertake and support the development of innovation in the country.
What are our goals with BLOQUEIOS.INFO?
• provide a database of original case documents to serve as research source and to promote a qualified and informed discussion on app blocking in Brazil;
• analyze past cases that led or could have led to block on Internet applications and monitor ongoing cases that can lead to similar decisions, in order to inform the public about what is at stake;
• allow the engagement of the international community in the debates on app blocking in Brazil, with the provision of the main materials in English.
Methodology
BLOQUEIOS.INFO is composed by publicly known Brazilian judicial cases that led to block orders for Internet applications.
This means that blocking cases were and are considered those in which Brazilian authorities, like judges, determined that intermediaries technically restrict the availability of access to contents, informations and services offered by Internet applications, such as websites and apps. In this first stage, we considered as “intermediaries” the Internet connection providers and virtual app stores providers.
Due to this framing, it is not a part of the scope of the BLOQUEIOS.INFO projecto to study cases of removal of specific content from online pages, in which is ordered to application providers to remove determined contents posted on their pages. In the moment, cases of “domain name apprehension” were also not included, in which authorities, through the acting of domain registers, “kidnap” websites and then, also leads to their inability of access. The intention of this project is to expand it to this area.
We welcome comments that have suggestions and recommendations for the adding of materials to the platform and/or point out potential mistakes and the need to review our analysis.
Team
InternetLab is an independent research center that aims to foster academic debate around issues involving law and technology, especially internet policy. Our goal is to conduct interdisciplinary impactful research and promote dialogue among academics, professionals and policymakers. We follow an entrepreneurial nonprofit model, which embraces our pursuit of producing scholarly research in the manner and spirit of an academic think tank.
InternetLab’s team involved in this project is: Dennys Antonialli (Executive Director; dennys@internetlab.org.br), Francisco Brito Cruz (Director; francisco@internetlab.org.br), Jacqueline Abreu (Project Lead; jacqueline@internetlab.org.br), Paula Pécora de Barros (Research Intern; paula.pecora@internetlab.org.br), Felipe Mansur (Research Intern; felipe.mansur@internetlab.org.br) e Ana Luiza Araujo (Translation Intern; analuiza.araujo@internetlab.org.br).
Funding
BLOQUEIOS.INFO is part of InternetLab’s Privacy and Surveillance Research Project, which is funded by the Ford Foundation.