The Judiciary as Regulatory Actor of the Internet: Its Role in the Framework of Forces of the Modern State

Main Article Content

Amanda Nunes Lopes Espiñera Lemos

Abstract

Purpose – Understand the role of Judiciary Power in regulating the Internet from WhatsApp blocking cases between 2015 and 2016 that led to the questioning of Judiciary's interpretation of the issue and the role of a Data Protection Authority in conflicts resolution.


Methodology/approach/design – Qualitative analysis from issues of internet regulation in relation to the theory that includes the positioning of Judiciary in scheme of forces of the modern State. It also presents a dialogue between the regulatory and argumentative theories pertinent to the arguments of the public decision to block WhatsApp. Finally, a brief analysis of the public audience discourse of the Bill of personal data and comparative international experience on DPAs.


Findings – The Civil Internet Framework has been used as an isolated regulation to an entire legal system and the peculiarities of cyberspace that do not reproduce in the physical world, which requires the improvement of the interpretation of regulatory milestones in the network architecture. DPAs are facilitators in resolving conflicts that involve Internet and even to reduce prosecution of demands such as WhatsApp block.


Keywords: Judiciary, regulation, internet, Personal Data Protection Agency, WhatsApp blocking.

Article Details

How to Cite
LEMOS, Amanda Nunes Lopes Espiñera. The Judiciary as Regulatory Actor of the Internet: Its Role in the Framework of Forces of the Modern State. Journal of Law and Regulation / Revista de Direito Setorial e Regulatório, [S.l.], v. 4, n. 1, p. 169-188, may 2018. ISSN 2446-5259. Available at: <http://www.ndsr.org/SEER/index.php?journal=rdsr&page=article&op=view&path%5B%5D=336>. Date accessed: 13 dec. 2018.
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Papers