Chile’s Supreme Court Orders Blocking of Mirror Gambling Sites

The Corte Suprema de Chile issued an unprecedented judgment requiring telecom companies not only to restrict users’ access to gambling websites, but also to block mirror sites as well. This ruling is another step towards curbing the development of unauthorized gambling websites in the country.

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In particular, the highest court in Chile overturned a previous decision made by the Court of Appeals of Santiago, which claimed that blocking measure had been enforced after telecom companies blocked users’ access to the main website addresses of gambling platforms.

Background: An Incomplete Restriction That Led to Nothing

This case is related to the attempts of two entities to sue telecom companies and require them to take action against certain websites that are considered gambling platforms in Chile.

In accordance with initial orders issued by the lower courts, such telecom companies as Claro, Entel, GTD, Movistar, WOM, and VTR were obliged to block users’ access to gambling websites.

However, representatives of telecom companies expressed concerns regarding their capability to fully implement orders since “we only have the technical capacity to block the main links, and attempting to block mirror sites could unintentionally affect other internet services.”

After considering this claim, the Court of Appeals found it reasonable to limit implementation measures to primary domains and decided to close the case after concluding that all orders had been enforced.

Criticism Made by Chile’s Supreme Court

This decision did not meet with the approval of Chile’s Supreme Court, which ruled that orders issued earlier had been fulfilled insufficiently due to which “an activity that lacks legal or administrative authorization in Chile” remains active in the country “due to omission.”

Moreover, this case serves as an example of a procedural mistake made by the lower court which found it unreasonable to enforce orders completely while closing the case at the same time.

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An Additional Decision Related to Judges of the Lower Court

Along with overturning a decision of the lower court, the Supreme Court also upheld the complaint raised against the judges of the Court of Appeals, claiming “serious fault or abuse” while issuing orders.

Such a decision shows the high importance that the Supreme Court attaches to the issue under discussion.

Having issued orders for reconsideration of the case, the Supreme Court sent the issue back to the Court of Appeals of Santiago. At the same time, the court instructed non-participants of the first instance to ensure that orders were fulfilled thoroughly.

Namely, telecom companies are required to identify and block users’ access to alternative URLs used by gambling platforms to avoid restrictions.

Broader Implications Regarding Law Enforcement and Technology

On the whole, this ruling emphasizes problems faced by law enforcers in their struggle against digital platforms capable of making use of mirror sites.

Also, there is an urgent need for developing better techniques that would allow telecommunication companies to block mirror sites.

Thus, Chile’s Supreme Court issued a groundbreaking ruling ordering telecommunication companies to restrict users’ access not only to primary websites, but also to mirror websites belonging to gambling platforms.

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Source: SBC Noticias