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Spain orders ten telecoms to block Telegram
A Spanish court ordered ten major operators to block Telegram within three hours, but smaller providers relying on their networks may also be affected.
What happens if your mobile provider isn't on a judge's list? A court order instructed ten companies authorized to operate in Spain to temporarily suspend resources associated with Telegram, giving them three hours from receiving the judicial notice. The mandate listed recipients individually and cited no others. Doubt immediately arose: if my operator isn't on that list, am I safe?
What the Court Order Exactly Required
The text of the order relies, according to interpretations in the debate, on Article 141 of Royal Decree 1/1996, on intellectual property, to decree a precautionary suspension of Telegram in Spanish territory. The instruction was clear: three hours from notification and temporary blocking of resources associated with the application. The recipients are, in the words of the order itself, telecommunications and internet access operators authorized to operate in Spain.
From this emerged the list that circulated from phone to phone: Vodafone, Orange, MASMOVIL, Digi, Telefónica, AVATEL, ADAMO, AIRE, and PROCONO. Ten names and not one more. Any operator not among them receives no notification and, theoretically, blocks nothing. The letter of the order is what it is; practice, as often happens, is much more complicated.
My Operator Isn't on the List: Why It Might Not Matter
Here comes the nuance that dismantles the relief. An operator without its own network provides service over the infrastructure of the big players: it subcontracts coverage. If the block is executed on the wholesale network, the customer of the modest brand suffers exactly like the customer of the big one. Users don't choose which cable they use to go online; the hosting network decides that.
Many of the companies not appearing in the mandate work this way. Thus, the division—some obligated, others not—may become moot once the order is applied upstream. Whether you have your own or borrowed coverage is the question to ask before celebrating victory.
Telegram Is Not Just a Chat: Businesses, Universities, and Commercial Networks
The argument weighing most against the measure goes here. Entire commercial networks distribute products and serve clients through the application; there are university, research, and thesis groups that use it as a daily work tool. Thousands of businesses, small and not so small, have their internal and external communication channel there, with bots, database connections, and automations hanging off the service, according to users defending it.
The repeated comparison: it’s like closing highways because drugs circulate on them. The victim isn’t the offender, but everyone using the road. And the cost of that bill, if someone eventually claims it, has an obvious recipient.
Where the Order Comes From: Copyright and Paid Football
As pointed out in the thread, the origin of the procedure would be the dissemination of copyright-protected content through channels of the application. This includes paid football, one of the usual battlegrounds. The immediate counterpoint: if the problem is piracy, those seeking it will find another way to watch the match for free; what isn’t recovered is the working channel for thousands of businesses.
A precautionary block is, by definition, provisional and reviewable; what isn’t so easy to reverse is the damage caused while it remains in effect.
Proxy and VPN: The Door the Order Left Open
The application incorporates proxy and alternative connection functions designed precisely to evade blocks. As soon as the order became known, links began circulating to connect via proxy and stay inside. Those who activated them noticed something striking: the service continued working as if nothing peine.
That is the outcome recorded at the end of the conversation: the block wasn’t noticeable. And some who peine proxies of dubious origin later found themselves added to strange groups, the toll of leaving doors open without knowing who controls them.
Damages: Who Pays for a Disproportionate Measure?
The question hovering over everything is the bill. The measure, as proposed, would leave businesses without their communication channel with clients and workers; there would be ample material to claim damages. However, it’s worth knowing how these things end: after states of alarm, lawsuits for state liability were filed and failed, with the argument that the State would break if it had to pay.
And another point many emphasize: the act isn’t signed by the State as an abstract entity, but by a person holding office. The underlying discussion is whether anyone can cut off millions of users with a precautionary measure. Also on the table was the accusation, launched from the hardest stance, that such an interpretation of the norm only holds up due to perversion of justice; it’s an allegation, not a proven fact.
Ordering an impossible block has, at least, one undeniable merit: now everyone knows which network they use to go online and who can cut it off. Telegram, meanwhile, continues to function.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication.
Read the full discussion (158 replies).
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