Brazilian court orders YouTube shutdown for sex video of model Daniela Cicarelli

News: A Brazlian court has reportedly ordered YouTube to shut down its service until all it removes all video clips of model Daniela Cicarelli having sex with her boyfriend on the beach, apparently in broad daylight. Of course, YouTube has removed these clips, but other users apparently have reposted them onto YouTube, forcing YouTube to try to remove them again. It’s not clear from the report whether there still is a problem, or the extent of it. (More from The Register)

Analysis: Without seeing the Brazilian court order, it’s hard to say whether it is as bad (overbroad) as it sounds. One commentator suggests here that YouTube must pay a fine and must remove all of the sex videos or make its site unavailable in Brazil (which allegedly is the second largest user of YouTube). Unless YouTube visually inspects every single video clip (of the 65,000 that are uploaded each day), it’s practically impossible to prevent one clip of a sex video from slipping through YouTube’s monitoring or uploading procedure. Thankfully, because YouTube is located in the U.S. (where the First Amendment applies), enforcement of the Brazilian court order (assuming it is as broad as it sounds) would not fly in the U.S. No U.S. court would order a complete shutdown of the site for one sex video, given the First Amendment violation that such an overbroad order would cause.  Of course, YouTube wants to be in good standing in Brazil, so I’m sure will appeal the court order there.

Off topic, but you should check out this interview for Toobla:

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16 Responses to Brazilian court orders YouTube shutdown for sex video of model Daniela Cicarelli

  1. Stephen says:

    Since when does YouTube allow sex videos?

  2. Stephen, YouTube doesn’t filter the daily sixty thousand (60,000) uploaded on their servers. They rely on users in reporting inappropriate videos. Actually, they ALLOW users to upload ANY video. However, if it doesn’t comply with YouTube’s policies and terms, it would get reported and removed within hours.

  3. tomachfive says:

    Que lastima. I’d love to see that video. Doing it on the beach is so au naturel. However the court’s efforts at upholding decency is commendable.

  4. davec says:

    Now I want to find it and see it! Ahhh… the forbidden fruit!

  5. rodrigof says:

    Legal analists are wrong. Since publicly Google announced they bought YouTube site, Google brunch in Brazil is being cited in the suit. So, there´s no doubt that YouTube/Google is under brazilian jurisdiction and have the power to impose fees and shutdown the site. I´m against censorship, but Google must obey the court order and the 1st emendment of the US Constitution is not an excuse to not obey brazilian justice.

  6. […] post (inglês) do WordPress, analistas legais entendem que o YouTube está fora da jurisdição […]

  7. arsenalist says:

    So where’s the video?

  8. galh says:

    LOL! Seen it, downloaded it! Almost 1 month ago… It’s very funny! 🙂

    For the first half they’re with other people. So they kiss, they play, nothing more.
    Then they leave their friends looking for intimacy. Then they start hot petting. They touch, she rubs her ass against his pants, they laugh very much, very excited.
    He’s clearly “excited” 😉 and so she passes slowly her hands on his pants. Then they enter in the water and after a short time they start making out. They’re tightly embraced, moving up and down steadily. Her arms around his neck, she caresses his shoulders and hairs and make some “funny” expressions…
    After a minute or so they exit from the water, laughing. He’s still very excited and tries to hide his excitement in some way.
    Then they go back to their friends, make pictures and drink.
    Stop.

    It’s not hard-core or so, neither really sexual. It’s just sexy and fun, but I guess that for someone famous this kind of stuff could become quite heavy to handle.

  9. I guess I don’t really need to see it after the blow by blow account given by gahl.

    😉

    Once something like that has been released ‘into the wild’ it is guaranteed that it will pop up all over the place.

    Court orders only really fan such flames and give it a lot more hype than it deserves.

  10. Neo says:

    Thats crazy. Brazil CAN NOT override the USAs First Amendment. No matter how bad they want to. Im sure that Youtube is not the only one with this video and wont be the last one with it. What do they think was going to happen, doing all that in public? I mean I have, it was great, but it was done with discretion. If someone would have recorded it and uploaded it, then my bad. I wouldnt expect the GOVERNMENT to step in and tell a site to shut down because of this. If I done anything, then I would have sued MYSELF the people that posted it and the people that hosted it, depending on the hosting parties disclaimers. I say get over it Brazil, someone had sex. They are not the only ones. And they are not the only ones that were busted on video and uploaded to the public. Who is to say that they themselves didnt upload it? I guess it is something that the victims need to take up on, if they are victims or feel that they are. If they are, who says that they care? Come on with the next Polictical Stunt guys. We know you are after someones vote!

  11. Parul says:

    The whole affair is too silly to have been blown to such proportions… Its no surprise that such videos keep doing rounds on such free websites…A better way culd hav been to fine the site n ask dem to make up for the damage in some way…
    this is childish! but if put into action it will surely cost YouTube some dough!

  12. osborn19 says:

    If she doesnt want her videos to show on the internet, stop screwing in public geez.
    I see no ground of why youtube must obey brazilian law other than youtube internal policies. First youtube is based on the US, second virtually Nothing is shown, whats the big deal. Next are brazilians courts gonna tell us we cant see a picture of celebrity kissing somebody on the street?is just moronic
    Is funny how i only saw the video after hearing she was suing the site on the news, lol poor stupid girl. She is only making more ppl to watch the video because of this.

    It really pisses me off that the court is trying to shut down youtube.

  13. O meu país precisa de ser visto de outra forma, não desta.

    A internet é livre até o oceano quando chega no continente tem que perguntar se pode ou não !

    Aqui temos muita merda rolando, políticos corruptos, crianças desaparecendo que valem mais do que alguem fazendo sexo na praia.

  14. melissa says:

    people do anything for money don’t they!!

  15. VeNa says:

    As if this video showed off something worth to see…

  16. Alexa says:

    Oh, please.
    This video was even on TV in Brazil.
    Basically EVERY brazilian had seen it or heard about it.
    Cicarelli just keep on going because of the money. I dare to say she even liked to have that video published, she was in the spotlight for weeks thanks to it.
    Nearly every celebrity gossip site have that video uploaded, she’s totally aware it won’t make a difference!

    The worst part is that some brazilians are ALREADY unable to post on YouTube.

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