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Google Denies Data In Brazil Orkut Case

mikesd81 writes, "The AP reports that Google filed a motion in response to a Brazilian judge's deadline to turn over information on users of the company's social networking service Orkut. An earlier AP story gives the background: 'On Aug. 22, Federal Judge Jose Marcos Lunardelli gave Google's Brazilian affiliate until Sept. 28 to release information needed to identify individuals accused of using Orkut to spread child pornography and engage in hate speech against blacks, Jews and homosexuals. Google claims that its Brazilian affiliate cannot provide the information because all the data about Orkut users is stored outside Brazil at the company's U.S.-based headquarters. Google maintains that it is open to requests for information from foreign governments as long as the requests comply with U.S. laws and that they are issued within the country where the information is stored.'" Eight million Brazilians, about a quarter of the country's Internet-using population, are members of Orkut.

31 of 183 comments (clear)

  1. Interesting by B3ryllium · · Score: 2, Insightful

    That's going to be quite a kerfuffle, I would imagine.

    Kudos to google for protecting user's rights, though.

    1. Re:Interesting by flooey · · Score: 5, Funny

      That's going to be quite a kerfuffle, I would imagine.

      Kudos to google for protecting user's rights, though.


      And kudos to you, sir, for using the word kerfuffle.

    2. Re:Interesting by p3t0r · · Score: 2, Interesting

      I think Google isn't protecting any rights, but just being legally right. From TFA: "Google maintains that it is open to requests for information from foreign governments as long as the requests comply with U.S. laws and that they are issued within the country where the information is stored.'" So, no kudos from me!!

    3. Re:Interesting by Korin43 · · Score: 4, Insightful

      I think the point is that Google isn't going to give away information to just anyone who asks, they have to fill out a form and stand in line just like everyone else.

    4. Re:Interesting by B3ryllium · · Score: 2, Interesting

      I don't know what country you're from, but I do know that one of the rights many countries bestow upon their citizens is that of due process. The proper process for this is to have the police or the judge make the government request the info from Google's head office.

    5. Re:Interesting by Ducho_CWB · · Score: 2, Insightful

      If you want open just 'only a marketing office' at foreign countries, you really need obey the foreign contries laws. If you not agree with this, pack your stuff and go out. well, about protecting user's rights, exist a list with exact names to be show. There's not the entire orkut or the entire brazilian database at orkut.

    6. Re:Interesting by Dachannien · · Score: 2, Insightful

      Yes kudos to Google for protecting criminals.

      The morality of their actions is open to opinion. So-called "hate speech", for example, is not only not illegal in the US, but is actually protected by the US Constitution. While Brazilians obviously aren't governed by US law, it still shows that Google "protecting criminals" isn't necessarily a bad thing.

    7. Re:Interesting by MightyYar · · Score: 3, Interesting
      Yes kudos to Google for protecting criminals.

      Ah, but "criminals" are different in each country, aren't they? From the article:

      Google insisted it already had complied with court requests to identify individuals accused of using Orkut to spread child pornography and engage in hate speech against blacks, Jews and homosexuals.

      In the US, child pornography is illegal, but you can say anything you want about blacks, Jews, and homosexuals. It's not going to win you any popularity contests, but you can be as much of a racist bigoted anti-semitic prick as you want to be. Frankly, it is frightening that you can be arrested for stating your opinions - no matter how despicable. This is why the "Madonna potentially getting arrested in Germany for offending Christians" news item got so much play state-side.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    8. Re:Interesting by fmobus · · Score: 2, Insightful

      Methinks Google is trying to avoid wasting a precious evidence (ips of the offenders) on processual grounds. Someone could try to defend himself challenging the way the evidence was obtained.

      Also, they can't release user information stored in USA without a proper court order (eg. an US court order). If they do so, they are risking themselves to lawsuits. I guess Google wants the evidence gathering done in a perfect (legal) manner, protecting users rights (according to US law), rather than protecting the criminal users.

    9. Re:Interesting by claes · · Score: 3, Insightful

      Yes because obviously the US Constitution is the best constitution there is.

    10. Re:Interesting by russotto · · Score: 4, Insightful

      I see. So if AT&T had an office in Saudi Arabia, they should comply with Saudi requests for phone records concerning Americans who had made remarks disparaging to Saudi Arabia, if those records were requested in accordance with Saudi law? Opening an office in a country shouldn't subject your entire opetation to that countries' laws.

    11. Re:Interesting by Plutonite · · Score: 2, Insightful

      Good point. Many of the recent wars and political stand-offs have been driven by a sense in infallibility in American politics. They need to realize that even if leaders imply action is based on American principles, these principles may not be good enough to impose on other people.

      Some level of maturity needs to be applied though. I'd hand over the logs if serious crimes were committed, but some data must have gone past Brazilian ISPs before google. Why aren't they made to respond first?

    12. Re:Interesting by Ducho_CWB · · Score: 3, Informative

      almost right.
      So if AT&T had an office in Saudi Arabia, they should comply with Saudi requests for phone records concerning SAUDI who had made remarks disparaging to Saudi Arabia.

    13. Re:Interesting by MightyYar · · Score: 4, Interesting

      So, in your opinion, is it better for AT&T (or Google) to not do business in Saudi Arabia (or Brazil), or for them to resist the authorities and get closed down? I'm a little torn on this issue, so I like to hear from people about this. In this case, Google would have had to refuse to do business in Brazil because Brazilian free speech laws are more repressive than in the US. I don't know if I agree with that. If American firms refused to do business in all countries with more restrictive free speech rules than the US, there would be virtually no US presence overseas. Or, more likely, there would hardly be any company based in the US.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    14. Re:Interesting by segin · · Score: 2, Funny

      We call those people the Klu Klux Klan. Let's confivt them of their crimes and let them be assfucked by gay niggers in prison.

    15. Re:Interesting by metlin · · Score: 2, Insightful

      > Yes because obviously the US Constitution is the best constitution there is.

      Considering that it's kept us democratic and free for 219 years, without a single military coup in history, I'd say it's a darned good one.

    16. Re:Interesting by Aceticon · · Score: 2, Insightful

      > Yes because obviously the US Constitution is the best constitution there is.

      Considering that it's kept us democratic and free for 219 years, without a single military coup in history, I'd say it's a darned good one.


      Well, there was the small issue of a civil war, so i reckon there's probably a couple of constitutions with a beter track record.

      The part about democratic is also flawed: i suggest that investigate "gerrymandering" to see how politicians make sure they get reelected whether or not they do a good job and "proportional vote" to see how a real democracy (all votes are equal) really works.

      As for freedom, i suggest you check the latest couple of laws passed in the US - more specifically the ones about torture and indefinite detainment of foreign non-combatants and how a US citizen can easilly be declared a non-combatant and stripped of his/her citizenship and thus become subject to those laws.

      ----

      It's really entertaining to see how people can get brainwashed into ignoring the flaws of the political/social systems under which they live (and they all have flaws) and into spewing propaganda about how "my country is the greatest of them all".

      I guess never having lived in another country (vacations don't count) and being surrounded by media which almost exclusivelly spews country-centered news probably makes one especially prone to believing nacionalistic bullshit.

      ---

      If you want to be a real patriot, then be proud of the good things of your country, do your best to improve those that are not-so-good and always suspect the sleazy politicians that go around patting people on the back and saying "we live in a perfect country, the best there is, nothing needs changing".
  2. Re:National soverignty vs the Internet vs pedophil by GigsVT · · Score: 5, Insightful

    pedophiles and racist hatemongers. I think we can all get behind throwing such people in very small cells with no windows and melting the key down as they watch.

    Pedophilia isn't a crime, and neither is hating someone. So, no, not everyone wants to live in your Orwellian fantasy where thoughtcrime is a common reason to throw someone in jail.

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  3. A serious question: by bigdavesmith · · Score: 5, Funny

    If Google kept their servers in space, or on the moon, or somewhere where no country really has claim, could they just ignore any request by any government to hand over data?

  4. Who owns the data? by cryfreedomlove · · Score: 2, Insightful

    If Google owns the data then one option they have is to simply destroy it. No government can compell them to hand over something they no longer have.

  5. Re:National soverignty vs the Internet vs pedophil by MindStalker · · Score: 2, Informative

    Umm I may stand corrected, but while Google has agreed to block some content for China. I am quite sure they have maintained and stuck by their policy of not providing any Data to China, something Yahoo and other companies have done.

  6. Re:National soverignty vs the Internet vs pedophil by TerovThePyro · · Score: 2, Funny

    And just how are you going to melt the key while they watch, if their cell has no windows?

  7. Re:National soverignty vs the Internet vs pedophil by bcat24 · · Score: 2, Insightful

    Amen to that! Hating someone may be immoral. (I certainly think it is.) But hating someone is *not* a crime. Crime is in the action, or at least attempted action. Wanting to hate someone or rape someone or kill someone or blow up a building, etc. is *very* different from actually doing any of those things.

  8. Re:National soverignty vs the Internet vs pedophil by jshackney · · Score: 2, Insightful

    And just in case anyone is wondering, the Federal Government can (and does) codify by regulation that some people "must...be of good moral character". Pedophilia is really an issue of morality. So, while pedophilia is not explicitly prohibited by law, it is explicitly not protected from discrimination.

    Anyway, that's just my take on the CFRs. I am not a liar^H^H^Hawyer.

  9. brazilian orkut users? by reflector · · Score: 3, Funny

    ...that's a lot of orkut users!

  10. Google is refusing for now... by jorlando · · Score: 2

    the problem is: the Brazilian prosecutors subpoened Google's Brazilian office.

    the Brazilian office doesn't have access to the data stored in the servers, based in the USA. Google's brazilian office is a law firm, probably there are no techies there.

    when the brazilian prosecutors present their request properly to Google in USA the data will be handed over. It has been done before:

    http://www.computerworld.com/action/article.do?com mand=viewArticleBasic&articleId=9003739&intsrc=new s_ts_head

  11. Re:Brazilians ruined Orkut by Josue.Boyd · · Score: 2, Interesting

    Slashdot is a place to discuss technology, politics, and the philosophy of living.....not for being a racist dumb*ss... I use Orkut. I talk to my Brazilian friends. I have no problems. As for being arrogant and self-righteous, it is apparent that you have never talked to a Brazilian. They are some of the warmest, kindest, and open people on the globe. Perhaps that's why they share great relations with every nation. Yes even some of our enemies, but let's not get into our own 'flawless' foreign policy and alienating techinques... You are an arrogant and ethnocentric fool. I wonder how you know so much about this culture, you do speak Portuguese, right? Farewell coward, and thank you for not returning

  12. Re:National soverignty vs the Internet vs pedophil by Lord+Kano · · Score: 2, Informative

    At that with the USAs freedom of speech it must be fine to talk about molesting kids or dressing up young looking adults as sexy children.
    Speech is Speech whether talking hate or sex.


    Within the past week a woman in my state, PA, was indicted by federal authorities for posting sexual stories online that included sex with children. My personal feelingis that as long as it was just words she shouldn't have been indicted, but the feds pretty much get to do whatever they want.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  13. It is very simple by franksands · · Score: 2, Insightful
    • Racism and child pornography are crimes in Brazil.
    • The subjects who the Brazilian goverment are after are in Brazilian territory.
    • Denying this information so the Brazilian police can prosecute these criminals is obstruction of justice, which is a crime.

    So no, they are not preserving user rights, they are preventing the investigation to go forward.

  14. Not (just) trolling by metamatic · · Score: 2, Informative

    I was on Orkut during the Brazilian invasion. They made a concerted attempt to take over the service, posting in Portuguese everywhere, even on communities that were marked as English language. The English-speaking users left by the thousands, and Orkut basically became a Brazilian system. I haven't logged in in months; last time I did I got a bunch of Brazilian spam and that was it.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  15. Re:National soverignty vs the Internet vs pedophil by alexo · · Score: 2, Interesting

    > I wonder if you have a wikipedia article that supports that outrageous claim that criminalizing anything is just wrong

    First, not "criminalizing anything" but "criminalizing possession".

    Second, Wikipedia is no place for opinions, including right/wrong values.
    Incidentally, "outrageous" is also a value judgement.

    Third, the AC reply (post #16264725) presents a good case.

    > where does this viewpoint come from?

    Thinking about the society we live in and, analyzing where it is headed, talking to various people with similar and different viewpoints, applying logic, etc.

    And especially, recognizing knee-jerk reactions, demagogy and populism for what they are.

    > do you support legalizing all controlled substances to all people on this planet?

    This is a gross oversimplification and somewhat of a straw-man.
    I am opposed to criminalizing mere "possession". Surely you can see the difference.

    > Coke? Heroin? Anthrax? Plutonium?

    Yes. Provided it dos not endanger others (which would be difficult to achieve in the case of Anthrax and Plutonium, but then there are other laws dealing with that).

    > Do women fall into your definition of everything?

    That statement makes absolutely no sense whatsoever in the context of this conversation.

    If I had a weapon in my house, it would constitute "possession" in the legal sense and could be a criminal offence (depending on the jurisdiction).
    I usually have a woman in my house (more than one if a child falls under your definition of a "woman"). It is usually called "having a family" and, as far as I know, is legal.

    > your defense of "it is just wrong" won't work on US soil, as possesion is illegal

    Please try to pay more more attention. I did not classify it as a "defense" but as a "viewpoint".

    There is a huge difference between "illegal" and "wrong" however, and most nations had their share of unjust laws (they are often, but not always, struck down or revised at some time).

    Now, disagreeing with a law does not make make an act any less illegal and, the way societies work, there are usually negative consequences to such acts.
    In such cases, a dissenter has two choices: either obey the law regardless of one's convictions or disobey it and be prepared to accept the consequences (civil disobedience).
    Neither of these choices preclude the option of advocating and working towards the goal of removing or changing said law.

    Just to illustrate a point, let me present a simple example why criminalizing possession of even child porn is wrong (there are many other reasons).

    Assume that one of your friends (let's call him bob) gets a virus on his PC. The virus examines his email box and finds your address. It then sends you a message, allegedly from Bob, with a link to a particularly nasty child porn site.

    When you get this email, you have no cause for suspicion (after all, Bob's your friend) so you click on the link and Wham!... You immediately close the browser, contact Bob and discover the problem.

    However, your browser cache now has a copy of a very illegal picture. Congratulations! You now possess child porn. If a law enforcement agency has any reason to examine the contents of your hard drive and finds this, you will be in quite a fix.

    Similarly, consider typosquatting sites.

    > If you had a fourteen year old daughter, is that enough age for you to be ok with her giving her own consent?

    I live in Canada. When my daughter reaches the age of 14, I sincerely hope she will be able to give or withhold her informed consent. Otherwise, that would indicate my failure as a parent.

    She was able to successfully deal with the fact that her allergies prevent her from enjoying the pizza and cake at her friends'