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Brazil Facebook Head Arrested For Refusing To Share WhatsApp Data (bbc.com)

An anonymous reader writes: Diego Dzodan, an Argentine national and Facebook's vice president for Latin America, has repeatedly refused to comply with court orders to hand over data for use in a criminal investigation of a WhatsApp user suspected of drug trafficking, police said. His arrest relates to the messaging service WhatsApp, owned by Facebook. In a statement, Facebook called Mr. Dzodan's arrest an "extreme and disproportionate measure." The company said, "Facebook has always been and will be available to address any questions Brazilian authorities may have." Judge Marcel Maia Montalvao had in two previous instances issued fines against Facebook for refusing to release WhatsApp data. In December, a judge in Brazil suspended WhatsApp for 48 hours in a similar case.

83 comments

  1. didn't expect this by deadwill69 · · Score: 1

    Nice change of events for Facebook. Never expected them to not gush all the data they collect.

    1. Re:didn't expect this by Edis+Krad · · Score: 2

      Not for free, they won't ;3

  2. Another victim of encryption by Anonymous Coward · · Score: 0

    Whatsapp uses fairly strong encryption end to end for users, so there may not be any data for Facebook to share with authorities at all depending upon the dates in question and if they purged previously held data after upgrading to stronger encryption last November.

    This is going to happen more and more as countries struggle with balancing justice with privacy, and I expect a lot of places to start banning encryption as the developers around the globe are refusing to implement backdoors.

    1. Re:Another victim of encryption by Anonymous Coward · · Score: 0

      Countries do not need to balance anything, privacy for the citizens is something they can afford to lose. In fact, they're actively working to erase it. As for encryption, forget it: it will be banned, eventually, with some exceptions for very special people. Not you and me, of course: if we'll ever get caught with any encrypted data, we'll get 20 years with no parole. The boot is indeed coming down.

    2. Re:Another victim of encryption by fustakrakich · · Score: 1

      balancing justice with privacy

      They are not in opposition. You can't have one without the other.

      --
      “He’s not deformed, he’s just drunk!”
  3. Mark zuckerberg is #6 richest man in the world by NotInHere · · Score: 2

    He is rich, insanely rich. Its all just the facebook brand, some servers, some code, some employees. Nothing much. Still he is #6. Why? Because he keeps his brand relevant. If it came out he cooperates with the authorities, who will use facebook?

    Do you think he will ever cooperate with the state authorities again? It will hurt his image. It will lower the valuation of the company. He doesn't want that. So at least to the public he acts like he refuses to let the states spy on their people. What happens in the NDA covered parts is a different matter, but it doesn't affect facebook stock negatively. In fact perhaps even positively because it may allow him enter markets that were closed without cooperation with the authorities.

    1. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      If it came out he cooperates with the authorities, who will use facebook?

      Dunno about you, but I don't have a bunch of crimes to hide, and I don't mind court granted access to suspected criminal communications.

    2. Re:Mark zuckerberg is #6 richest man in the world by penguinoid · · Score: 4, Insightful

      Dunno about you, but I don't have a bunch of crimes to hide,

      Are you sure? What country do you live in?

      and I don't mind court granted access to suspected criminal communications.

      As if it would end there.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    3. Re:Mark zuckerberg is #6 richest man in the world by NotInHere · · Score: 1

      Probably most people don't care, same as most people don't get influenced in their decision which jeans to buy by allegations that one brand destroys the environment, has insecure working standards with lots of accidents and exploits workers while the other (with a far higher price tag) doesn't have those allegations.

      Still, it does not prevent the brand with the dubious image to improve it by adding some big self-designed labels that certify how great the company is at fighting all these things.

    4. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 1

      If it came out he cooperates with the authorities, who will use facebook?

      The same morons who already use it.

      The same morons who already regurgitate the "I've got nothing to hide. I don't care if the government looks at every details of my life all the time." line when you press them about illegal mass surveillance.

      That's who!

    5. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      They came for the Jews first, but you weren't a Jew. Phew!

    6. Re:Mark zuckerberg is #6 richest man in the world by gl4ss · · Score: 1

      but usually they do.

      depends on the locale though as well. there's some countries where it's safer to use fb/whatsapp than say LINE for example.

      LINE is a whatsapp like app thats popular in asia... and there's money changing hands in exchange of information for govs.

      --
      world was created 5 seconds before this post as it is.
    7. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 1, Interesting

      Let me correct it for you:

      First they came for the Drug traffickers, and I did not speak out—
      Because I was not a Drug trafficker.

      Then they came for the Pedophiles, and I did not speak out—
      Because I was not a Pedophile.

      Then they came for the Credit card fraudsters, and I did not speak out—
      Because I was not a Credit card fraudster.

      Then they came for the Terrorists, and I did not speak out—
      Because I was not a Terrorist.

      They never came for me—because I wasn't a criminal, and there was no criminals left.

      .

    8. Re:Mark zuckerberg is #6 richest man in the world by phantomfive · · Score: 0

      Do you think he will ever cooperate with the state authorities again? It will hurt his image

      Uh, the general image I see of him is a guy who stole someone else's idea, has no problem stealing passwords to read email, and mainly lucked out. What image do you see of him?

      --
      "First they came for the slanderers and i said nothing."
    9. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Then Trump wins and they come for people that talk bad about your almighty lord and advocate free speech.
      Nothing is illegal until someone make a law to do so.

    10. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      I don't have a bunch of crimes to hide, and I don't mind court granted access to suspected criminal communications.

      Really? You are posting your opinion on the Internet, this is illegal in some countries.

      I don't mind court granted access to suspected criminal communications.

      "Suspected criminals"? What kind of "suspected criminals"? Drug traffickers? Pedophiles? Homosexuals? Journalists? People that marry other a different race or religion?

    11. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Yeah, why don't people watch "Burn after reading" anymore?

    12. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Dunno about you, but I don't have a bunch of crimes to hide, and I don't mind court granted access to suspected criminal communications.

      In the US at least, there are about ten thousand different ways you can break federal (US Code) law. Are you really sure?

      http://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594035229

      Also, what is "criminal" can change. Environmentalists have been called/classified as "terrorists". Remember history:

      First they came for the Socialists, and I did not speak out—
      Because I was not a Socialist.

      Then they came for the Trade Unionists, and I did not speak out—
      Because I was not a Trade Unionist.

      Then they came for the Jews, and I did not speak out—
      Because I was not a Jew.

      Then they came for me—and there was no one left to speak for me.

      https://en.wikipedia.org/wiki/First_they_came_...

    13. Re:Mark zuckerberg is #6 richest man in the world by JaredOfEuropa · · Score: 1

      Stole what idea? The idea of an electronic facebook? When Facebook started there were already similar services out there. He implemented a competing service that people liked better for whatever reason, and was able to raise capital and expand FB into a global service, which is not a mean feat, despite the fact that indeed copious amounts of luck were involved. Most successful startups involve luck, but you have to position yourself well in order to take advantage of a lucky strike when it comes your way. You and I would not have done better in his position, I bet.

      Don't get me wrong: I hate FB as much as the next guy here, and Zuckerberg does seem like a giant douche. I'm not sure what the deal is with that guy he allegedly screwed out of a partnership. He is known for similar stunts, like when he fired a whole bunch of people who had been there from the start, just before their stock options were to vest. But other than that I have no issues with the guy. What pisses me off is that FB once again proves that our entire economy evidently evolves around eyeballs and advertising.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    14. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Saying I have nothing to hide, they can watch me in a post-snowden world just means your mother had an idiot for a child. I truly pity her.

    15. Re:Mark zuckerberg is #6 richest man in the world by buck-yar · · Score: 1, Funny

      Just more anti govt haters. The police are after the bad guys. Sorry to break it to you, nobody is spying on you. You're just not that interesting.

    16. Re:Mark zuckerberg is #6 richest man in the world by buck-yar · · Score: 1

      People like to feel important by thinking govt is spying on them.

    17. Re:Mark zuckerberg is #6 richest man in the world by Midnight+Thunder · · Score: 1

      What are your Facebook privacy settings set to? All information public? If not, surely you don't having anything to hide? They may not be crimes, but still.

      --
      Jumpstart the tartan drive.
    18. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Better hope they don't come after the retards like Hitler did.

    19. Re:Mark zuckerberg is #6 richest man in the world by fuzznutz · · Score: 2

      Just more anti govt haters. The police are after the bad guys. Sorry to break it to you, nobody is spying on you. You're just not that interesting.

      Snowden revealed facts which do not support your assertions. Whether or not a human being manually reviewed your individual data does not obviate the fact that you were spied upon by your own government without cause if you made any phone calls in the past ten years.

    20. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      But the problem was more like this in the 20's and 30's:
      -They asked for my religion, and I gave it to them because I rather pay taxes to support my religion and not one of the others.

      -They asked for my politic orientation, and I gave it to them because I wanted to financially support my party through taxes.

      -They asked for my cultural background, because I wanted to be part of my own culture and the right to organize subsidized events.

      -They asked for my medical conditions, and I gave it to them because if they found me unconscious on the streets I wanted to help the doctors in the hospital

      -When the Nazi's invaded my country, it was too late to delete the records, some archives were burned, but the Nazi's were too fast and could save like 99% of the archive and had a list with names, address, religion and political orientation. They could just pick up all Jews, Communists, disabled, Romas, blacks, people with particular diseases, ... and put them in concentration camps and ultimately kill them.

      What will happen when a new totalitarian regime comes to power and there is such a database like Facebook?

      The US is safe from totalitarian presidents. People don't vote for fascist populists who openly talk about deporting people of a particular religion or who openly generalizes a minority and makes them all criminals or rapist. Oh wait, what were the results of 'Super Tuesday' again?

    21. Re:Mark zuckerberg is #6 richest man in the world by fustakrakich · · Score: 1

      The police are after the bad guys.

      With a total lack of introspection

      --
      “He’s not deformed, he’s just drunk!”
    22. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      >I don't have a bunch of crimes
      "Tell it to the judge." - Cardinal Richeliu

    23. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      The police are after whoever the fuck they want. Arbitrary enforcement is easy as is, but it helps to have mountains of logs to pull exploitable dirt from.

      >nobody is spying on you
      You're a shill or a dumbfuck. Arbitrary enforcement doesn't need active spying, just logs, and you better fucking believe everything is logged.

    24. Re:Mark zuckerberg is #6 richest man in the world by phantomfive · · Score: 1

      Stole what idea? The idea of an electronic facebook?

      Someone hired him to build their idea into a website, and he told them he was building it, but instead was building his own. That's lies and stealing right there.

      I'm not sure what the deal is with that guy he allegedly screwed out of a partnership

      So you are ignorant and still defending him? Sounds like your post has a strong basis in rational thought there.........

      But other than that I have no issues with the guy.

      It doesn't bother you that he stole people's passwords so he could read their email?

      --
      "First they came for the slanderers and i said nothing."
    25. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Let me correct it for you:

      First they came for the Drug traffickers, and I did not speak out—
      Because I was not a Drug trafficker.

      Then they came for the Pedophiles, and I did not speak out—
      Because I was not a Pedophile.

      Then they came for the Credit card fraudsters, and I did not speak out—
      Because I was not a Credit card fraudster.

      Then they came for the Terrorists, and I did not speak out—
      Because I was not a Terrorist.

      They never came for me—because I wasn't a criminal, and there was no criminals left.

      .

      Don't worry comrade, "your papers are not in order".....

    26. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Then Trump wins and they come for people that talk bad about your almighty lord and advocate free speech.
      Nothing is illegal until someone make a law to do so.

      Turning this argument around another way.....

      Why didn't the SCOTUS declare Obamacare (ACA) unconstitutional?

      Simple. Congressional lawyers & lobbyists wrote a bill. A democratically elected governing body ( of Democrats ) passed it. A democratically elected ( joke of a ) President ( that is a Democrat himself and no better than "Bush 43" ) signed it in to law.

      What was SCOTUS to do when the enacted law did not violate any aspects of the Constitution? Make law from the bench? SCOTUS almost never does that. Seriously.

    27. Re:Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      He is rich, insanely rich. Its all just the facebook brand, some servers, some code, some employees. Nothing much. Still he is #6. Why? Because he keeps his brand relevant. If it came out he cooperates with the authorities, who will use facebook?

      Who will use Facebook? The same billion people who don't give a shit about privacy today, that's who.

      They wouldn't be on fucking Facebook otherwise, so let's kindly dispense with the bullshit that users care about this. It's really starting to smell in here.

    28. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      and there was no criminals left.

      You think the government will just lay off all the cops and judges and prosecutors and lawyers?

      What will happen is you cut off a well-connected asshole in traffic on your way to work, and now you're in court against a prosecutor who insists that they have incontrovertible proof that your secret encrypted partition on your computer had child porn bought from terrorists using a drug pusher's stolen credit card number. But of course, they can't show the jury the proof because National Security, so they just have to "trust us". And of course the jury will be 12 hand-picked peers who think just like you: "they wouldn't have come for him unless he was a terrorist pedophile fraudster druggie" and down you go.

      Enjoy scenic Guantanamo Bay.

    29. Re:Mark zuckerberg is #6 richest man in the world by Sir+Holo · · Score: 1

      Dunno about you, but I don't have a bunch of crimes to hide,

      Are you sure? What country do you live in?

      and I don't mind court granted access to suspected criminal communications.

      As if it would end there.

      Kangaroo allegations and frame-ups occur. You DO have something to fear. It is done, frequently, to whatever person is handy. No real dirt needed.

      Why are people unable to understand this point?

      "First they came for the Jews, but I was not one, so I did not say anything.
      ...
      And then they came for me, but there was no one to speak on my behalf"

    30. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him."

      You're a criminal too. You just don't realize which law you're breaking.

    31. Re: Mark zuckerberg is #6 richest man in the world by Anonymous Coward · · Score: 0

      Let me correct it for you:

      First they came for the Drug traffickers, and I did not speak out—
      Because I was not a Drug trafficker.

      Then they came for the Pedophiles, and I did not speak out—
      Because I was not a Pedophile.

      Then they came for the Credit card fraudsters, and I did not speak out—
      Because I was not a Credit card fraudster.

      Then they came for the Terrorists, and I did not speak out—
      Because I was not a Terrorist.

      They never came for me—because I wasn't a criminal, and there was no criminals left.

      .

      Actually, regardless of the country you live in, I'm almost 100% sure you break multiple crimes per day; most you probably don't even know about. Everyone is a criminal...you are no different just because you haven't been caught breaking the law ;) It's a numbers game.

      As a very simple example that EVERYONE can relate to-
      You probably wont get caught if your only speeding 5-10 miles above the speed limit; but guess what, you're still breaking the law...and the cops are still fully cable of pulling you over for that infraction.

      For a relevant example, regarding your post, depending on how it's done plagiarism is against the law :)

      These are just very minor infraction that most of do, without much thought, despite our knowing the posted "speed limit". Imagine the number of crimes you commit because there is no posted "speed limit" on the side of the "road"...or you weren't informed of it during elementary school (plagiarism)

      Some laws you actually have to read the law books to even know about...and reading in today's modern society is a dying art form.

  4. What data did they want? by penguinoid · · Score: 3, Informative

    The article does not mention what data they asked for, only that FB refused to give it.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    1. Re:What data did they want? by morcego · · Score: 5, Informative

      It is data for an specific users, based on specified phone number, relating to an on going criminal case.
      This is not a police investigation, but a court order, so there is at least enough evidence that there is a crime and who committed it to to warrant a criminal prosecution.

      According to Brazilian law, law enforcement agencies can not request this kind of information without a court order and, to get that order, they have to show "just case", meaning evidence of authorship and materiality (that a crime really happened).

      I don't agree with the prison order, which was disproportionate. But the request for data was legal and legitimate. Facebook is hiding behind the "the servers are not physically located in Brazil, so we don't have to comply" argument.

      --
      morcego
    2. Re: What data did they want? by Anonymous Coward · · Score: 1

      It wasn't legal or legitimate. WhatsApp is a distinct entity from Facebook, and even more distinct from Facebook Brasil. The proper way to get this data is to sub poena it on a Californian court. Unfortunately Brazilian judges neither understand how the Internet works and, more often than not, their own country law. The decision is going to be overturned in a higher court.

    3. Re:What data did they want? by Mal-2 · · Score: 3, Informative

      This is analogous to U.S. authorities trying to order access to e-mail stored in Ireland, and Microsoft said no in that case. So the precedent has been set in motion, though the Microsoft case is far from decided. Facebook is playing a slightly different game though, because the user in question resides in the country making the request, whereas in Microsoft's case, the DoJ wants e-mails from an account that belongs to a non-American.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    4. Re: What data did they want? by TheDarkMaster · · Score: 1

      You should know that brazilian judges are usually ignorant dickheads with megalomania problems.

      --
      Religion: The greatest weapon of mass destruction of all time
    5. Re:What data did they want? by Bert64 · · Score: 1

      The servers in Ireland ultimately belong to an american company so an american court is demanding that an american company hand over data that they have access to, facebook is not a Brazilian company and the servers in question are not hosted in brazil, and i doubt wether Diego Dzodan actually has sufficient authority within the company structure to do what the courts are demanding.

      --
      http://spamdecoy.net - free throwaway anonymous email - avoid spam!
    6. Re: What data did they want? by Zocalo · · Score: 1

      So what? If Facebook doesn't agree with that aspect of Brazilian society then they could always choose not to do business in the country. Ultimately this is a presumably valid court order, targetted against a specific individual that is being investigated for a crime in an on-going criminal case. That's about as good as it's going to get in terms of personal data requests, and it's certainly not even close to the kind of wholesale data grabs that are becoming the norm (and really ought to be challenged). If Facebook thinks that it's an over-reaching request or there is some other issue then there are almost certainly legal avenues to challenge the ruling that would put a stay on handing over the data, or at the very least place it in escrow until the matter is resolved / render the data inadmissable later. Simply ignoring it is contempt of court and that generally involves the court instructing law enforcement to go and arrest someone, Diego Dzodan presumably being the person they determined was where the buck stopped and the person to arrest. Arrest usually results in some form of incarceration, at least until suitable terms/bail can be arranged, which (big surprise) is what happened here.

      Based on the evidence at hand, I'd say that yes, there's a time and place to oppose such data requests for user/customer data, but this sure as hell isn't one of them. If anything, doing so in instances like this just adds weight in the public eye to the line that tech companies are protecting criminals and terrorists and is more than likely going to result in the bar for demanding data being lowered even further that it already is.

      --
      UNIX? They're not even circumcised! Savages!
    7. Re: What data did they want? by esperto · · Score: 1

      It maybe distinct but it hasn't offices in brazil, but its parent company, facebook, has and it is the next best thing. I don't agree with locking up the executive, because he has nothing to do with it, but facebook was just ignoring the orders, so the judge, in its weird logic, just ordered to get someone high up in jail to show he means business.

      There is another issue that, since the "marco civil da internet" (internet civil framework) companies like facebook and whatsapp were supposed to keep the data in servers located in brazil, so the excuse that the data is not here is a violation of that. But according to some news outlets, whatsapp doesn't have the messages, barely the contacts, so they couldn't give that information anyway.

      As the said by the GP, this is not a fishing expedition, is a court order in principle based on a investigation with evidence and should help get information about a drug cartel's network. So it is a complicated issue, kind in the same way like San Bernardino case, it is a balance between privacy and justice.

    8. Re:What data did they want? by N1AK · · Score: 1

      I'm not sure how much the company's ownership by a foreign or domestic firm makes, or that it should make much difference. We typically expect companies to follow the laws of the countries they operate in; a British firm operating in the US is expected to follow product quality regulations, employee rights regulations etc for example.

      I have no intention of defending the arrest (though it might theoretically be justifiable) but if you take the view it would be fine for the US to demand this information for an American user I see no compelling argument that makes it unacceptable for Brazil to do so for a Brazilian user.

    9. Re:What data did they want? by Parker+Lewis · · Score: 1

      But laws in Brazil allow court to give an order to have access to this data in this specific case (specific person, specific phone number, evidence exists). On US, not.

    10. Re:What data did they want? by Anonymous Coward · · Score: 0

      Nope, they are refusing because they can't access the data as what'sapp communication has end-to-end encryption.

    11. Re: What data did they want? by Anonymous Coward · · Score: 0

      "companies like facebook and whatsapp were supposed to keep the data in servers located in brazil"
      No, it was removed from the final version of the "marco civil".

      Also, what'sapp has end-to-end encryption, which makes it impossible Facebook access the data.

    12. Re:What data did they want? by AmiMoJo · · Score: 1

      It's not really the same, because in this case Facebook Brazil is only a subsidiary. Brazil can pass any laws it likes, but they only apply to the subsidiary. In Microsoft's case it's the parent company that is in trouble, with the subsidiary simply applying Irish law to its own operations.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    13. Re: What data did they want? by Anonymous Coward · · Score: 0

      Laws in Brazil actually force you to *retain* this kind of data[1] for a few years, so that you can comply with a court order requesting that data in this time frame.

      And if you get any sort of official notification by the police asking for that data or notifying you to retain that data, you *are* expected to move it to permanent storage (outside of the retention rotation) so that you will still have it should a court order ever materialize outside of the time frame for data retention... there can be nasty consequences if you don't do it (note that you only handle out the information when you receive the court order).

      Also, responsibility in Brazil sort of applies to parent and subsidiary companies as a whole. It has to be that way, because people use such tricks all the time to commit crimes around here, It is mostly as a defense against money laundry schemes and also corruption schemes (involving government purchases and contracts), but it really can be extended also for other responsibilities. In this case, the judge decided that since the data retention and disclosure laws apply to Facebook (and they do, Facebook has legal presence in Brazil), they apply to every Facebook subsidiary (and thus to Whatsup), and since only Facebook has legal presence in Brazil, it also shoulders all responsability in Brazil. Since he could not compel Whatsup directly, he traveled up the chain to the most senior person responsible for the parent company in Brazil.

      Whether that should have meant a VP going into jail I don't know, but tolerance in Brazil for companies with lots of cash doing whatever they want with nobody really going to jail is very low at this time with the general population, because of the environmental disaster in Mariana. And by now judges in Brazil do know ordering whatsup or facebook blackouts is _not_ going to compel them to comply, nor are fines... so, jail it is.

      [1] lots of limitations apply, chances are most non-brazilian companies are not affected... but those like Facebook, Microsoft and Google, and all their subsidiaries *are*, because they have relevant market *and* presence in Brazil.

    14. Re: What data did they want? by Anonymous Coward · · Score: 0

      As the head of Facebook in Brazil, he bares responsibility for Facebook's actions in Brazil.

    15. Re:What data did they want? by Anonymous Coward · · Score: 0

      Why would they only apply to the subsidiary? In Brazil it doesn't.

      And in the US it doesn't, either, at least as far as the US government is concerned: GE Corporate was pissing off everyone in one of its recently-aquired Brazil subsidiaries by ordering us to not do business with Iran in the late 1990's/early 2000's, which was perfectly fine by Brazilian laws. This was even a more clearly-cut case than Facebook/Whatsup, because it involved a long-standing company in Brazil that GE had aquired a couple years before, and which operated in a niche, highly specialized market that GE had no other subsidiaries operating in anywhere in the world.

    16. Re: What data did they want? by TheDarkMaster · · Score: 1

      You need more context. You're right, the request is reasonable. The problem was the judge's reaction when it was not obeyed. Here the judges find themselves gods and believe that they must be obeyed without hesitation for more absurdly wrong they are, and usually they are absurdly wrong. Add in the equation that here in Brazil judges have too much power and that we are a corrupt country where it is easy to buy judges, and then you will understand why judges are so frowned upon here.

      --
      Religion: The greatest weapon of mass destruction of all time
    17. Re:What data did they want? by SvnLyrBrto · · Score: 1

      More to the point, does the VP who was arrested actually have the access or authority within Facebook to provide the data in the first place? WhatsApp is a fairly recently acquired subsidiary that previously had no business presence in Brazil. It's not likely that the business units have been integrated with Facebook itself yet, much less the servers and the data. So, in addition WhatsApp data not being stored in Brazil in the first place, it's fairly likely that neither Diego Dzodan, nor anyone in his chain of reporting employees, had the ability to access to the data he was being ordered to turn over. So basically, what it looks like is Brazil just picked some employee who's not at all the responsible party and is holding him hostage in order to extort someone over whom they don't have any legitimate authority.

      --
      Imagine all the people...
    18. Re: What data did they want? by SvnLyrBrto · · Score: 1

      I'm not convinced that the request *IS* reasonable. If the news reports are accurate, the data in question is not, and never was, actually stored in Brazil at all; and WhatsApp stored its data on servers in the US. And I think the current trent of governments to presume that they have universal global jurisdiction over everyone, regardless of where the person or data they're seeking resides, to be more than a little bit disturbing. And yes, I include the US government's own abuses in that regard as a problem as well. It really is unfortunate that the exemplars of the problem have thus far turned out to be douchebags like Kim Dotcom, Microsoft, and these drug traffickers. But this sort of overreach is something that should be stopped before it really does get out of hand. If enough precedents get set... remember that China and Saudi Arabia have judges that can issue warrants as well.

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    19. Re: What data did they want? by Anonymous Coward · · Score: 0

      Unfortunately Brazilian judges neither understand how the Internet works .

      Oh, show me a country where judges know how tech works.

      and, more often than not, their own country law. The decision is going to be overturned in a higher court.

      Brazilian Judges are some of the best in the world [they have to pass a very hard test]. They are not elected by the riff-raff. And yes, the decision has been overturned.

    20. Re:What data did they want? by Sir+Holo · · Score: 1

      ... Facebook is hiding behind the "the servers are not physically located in Brazil, so we don't have to comply" argument.

      So this strategy means that not only is FB is aggregating information on you, but so is the US's NSA.

      Any internet traffic crossing US borders, even in transit to elsewhere, is potentially stored. They built a giant (redundant) data center, and per the Snowden leaks, their intention is "Full Take" and storage thereof for at least 30 days. (Probably more now.) Sure, the NSA claims that because computers storing, indexing, and/or term-searching is not an illegal "Search and Seizure". That is the wall that they are hiding behind.

      Note that indexing is, by definition, a "Search". And Seizure? Well, if the law says that copying an .MP3 file or DVD's contents is considered stealing, then the same ought to apply to the NSA. Right? Or, more technically, you own the Copyright to any 'work' that you create, by definition, in the US. Emailing it gives the recipient reproduction rights (w/o disclaimer), but does not forfeit your Copyright. Anything that you write can be considered a 'work', and you can file for a certification of your Copyright. An email must certainly be a work—Some poems are three lines long. IANAL, and tons of case law exists, so I know only what an IP-creator & holder needs to know. (And of course, the MP3 & movie copying stuff is still being worked out in the courts, yes. The NSA might have some 'carve-out' law to exempt them, but the Constitution trumps all.)

      Wherefore have the Supremes not taken this up? ( recall them declining at least a couple of Court cases for reasons unrelated to the meat of the case, like 'No Standing' for example.)

      Anyone with a law background, please chime in. Correct me. I want to know. Everyone does.

  5. Re:Hmm... by NotInHere · · Score: 3, Informative

    By the way he is from Argentina. Same continent, different country, different language.

  6. Re:Hmm... by Dog-Cow · · Score: 1

    Do you really expect an anti-religion or anti-catholic bigot to understand nuances like that?

  7. I do like the punishment by Actually,+I+do+RTFA · · Score: 2

    Not going to say that I like th courts trying to force data collection (although this seems to be targetted at a single suspect with a warrant), but I do like shutting down a company for two days to punish it. If Wall Street firms weren't allowed to trade for a few days, with their positions locked, as punishments, maybe we would start seeing better behavior.

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    1. Re: I do like the punishment by Anonymous Coward · · Score: 0

      Well, it wasn't an arrest for free.

      Facebook has been ignoring Brazilian requests for a while now, they have been fined many times (not paying them even once, though) and Whatsapp was already removed from service in Brazil for a couple days.

      It was just natural that the actions against Facebook uncooperative behavior would escalate like this.

  8. Wait - why? by CurryCamel · · Score: 1

    I'm confused. There was a (several?) court order(s) to give up data. The company policy is to comply with such ("Facebook has always been and will be available to address any questions Brazilian authorities may have,").

    So why did he refuse to hand it over? I even tried to RTFA. This blazingly obvious (to me) question wasn't answered even there. Why is Facebook disappointed with an employee who neither follow law or company policy?

    1. Re:Wait - why? by RockDoctor · · Score: 1
      I didn't RTFA from the BBC, because I came here to check if the story had been posted after I saw it in the Guardian. (Link).

      When I read that, it was pretty clear to me that the application in question was Whatsapp (whatever that is), which has only recently been brought by Facebook. So I took it as meaning that the process of integrating the two companies hasn't been completed, and either Facebook needs to update it's policy statements to clarify that it physically/ logically can't release data from Whatsapp, or they need to change Whatsapp so that they can get hold of the data (presumably, store it and decrypt it).

      But even when Facebook have made what changes it wants to, there's still nothing that would enable them to decrypt any data stored under the previous system, if the keys don't exist any more, or never existed. and of course, if data wasn't stored in the first place, there would also be nothing they can do.

      Sounds to me as if someone is doing a poor job of explaining technical details to the court. "Film at 11."

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    2. Re:Wait - why? by HelpTheNewOverlord · · Score: 0

      It seems the authorities want the "Metadata": who messaged who, when, in which IP/Network/Cellphone and so on.

      Maybe WhatsApp has this data, maybe it doesn't but it is not the same as not having the content of the message

    3. Re:Wait - why? by fbobraga · · Score: 1

      Sounds to me as if someone is doing a poor job of explaining technical details to the court.

      maybe, you are right, possibly

    4. Re:Wait - why? by Anonymous Coward · · Score: 0

      Facebook, a US corporation, recently purchased Whatsapp, another US corporation. Facebook Latin America is a wholly owned subsidiary of Facebook. The VP of Facebook Latin America has no access to data from Whatsapp. Therefore he cannot provide the requested data.

  9. Re:Hmm... by houghi · · Score: 1

    By the way he is from Argentina. Same continent, different country, different language.

    I assume you are talkig about the pope here as a reaction to someone else hoping the pope would be the last problem from that country.

    He was correct on the country part as they are BOTH from Argentina.

    Diego Dzodan, an Argentine national

    So there's that.

    --
    Don't fight for your country, if your country does not fight for you.
  10. Not really unexpected and no the arrest isn't much by aepervius · · Score: 1

    Refuse to comply to the court repeatedly, and sooner or later you will face court contempt and arrest. In some case indefinite arrest : there was the case of this guy int he US which was found in contempt of the court and spent what, 14 years there https://en.wikipedia.org/wiki/... ? He was only released recently because the court found he would never comply and it was not in the society interest to keep him longer. And that was only money evasion NOT drug trafficking which is arguably a stronger offense.

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  11. good luck by Anonymous Coward · · Score: 0

    seeing how the other day news about whatsup went, try explaining this one to americans that use sms and email from their phones

    wheres my popcorn

    btw the case is crystal clear, well as crystal clear as international law goes, (that is not much at all), this looks like they need the messages to totally nail the dude, they have something on him for sure otherwise the court would have not acted to begin with, this is not the carioca nsa version asking for it, or a senator from a lobby, this is not the iphone backdoor situation, this is not the police, this is after the police investigation and maybe depending on the crime after a prosecutor is involved and they determine its necessary. Facebook operates in brazil, they own the app, it does not matter if the data is there or not, they have to comply or get the fuck off the country, unless they are asking for too much or the data is irretrievable, like i said, this situation has gone thru filters already, its a court order for a particular situations, its not about precedence because precedence only works the way you know it works in common law systems, in other systems works differently, they probably just want it for this case thats why the judge got mad and rekt that guy all the way to prison, maybe its not his fault, but for sure he works for an asshole company thats just looking for attention and doing a little bit of whiteknighting in a third world country

  12. Support to drug dealers by VikingNation · · Score: 0

    Why not hand over the data? You received a court order.

    1. Re:Support to drug dealers by fbobraga · · Score: 1

      "Support to drug dealers" it's Facebook modus operandi, maybe (just saying ^^)

  13. I'm a Brazilian... by fbobraga · · Score: 1

    and hear this for the first time, here * it smells a defamatory campaign...

  14. It was mistake... by fbobraga · · Score: 1

    occurred on a very small state here: some judges in there will lost their jobs :-)

  15. Misleading subject by fbobraga · · Score: 1

    and the judges alleged the info is about an interstate drug-traffic related case, so, there's some real-world motivation...

  16. Nothing to do with encryption by fbobraga · · Score: 1

    The problem is legal jurisdiction: there's laws here in Brazil covering this cases, but the data was hosted in servers worldwide: if the data was stored in Brazil, the judges where legally correct

    1. Re:Nothing to do with encryption by Anonymous Coward · · Score: 0

      Nope, judges were incorrect,there is no data for Facebook to hand over and they were also wrong to arrest the executive and attempt to coerce him into giving them what they don't have, another judge has released him today.

      http://arstechnica.com/tech-policy/2016/03/brazil-frees-facebook-exec-arrested-over-whatsapp-data-linked-to-drug-case/

    2. Re:Nothing to do with encryption by fbobraga · · Score: 1

      judges were incorrect

      not here, on the "bananas republic" :/

    3. Re:Nothing to do with encryption by Anonymous Coward · · Score: 0

      judges were incorrect

      not here, on the "bananas republic" :/

      You are an embarrassment for your country, Braga, you traitor. Or should I call you Brega? If it is so bad in Brazil why are you still here? Go to Syria, where you belong, you sucker.

  17. Re: Mark zuckerberg is #6 richest man in the worl by Anonymous Coward · · Score: 0

    Except that never happened, and you're a fucking liar using strawman arguments to support your own shitty one.

  18. Ok I need a WhatsWhatsApp app.

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