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US Government Loses Bid To Force Facebook To Wiretap Messenger Calls (techcrunch.com)
An anonymous reader quotes a report from TechCrunch: U.S. government investigators have lost a case to force Facebook to wiretap calls made over its Messenger app. A joint federal and state law enforcement effort investigating the MS-13 gang had pushed a district court to hold the social networking giant in contempt of court for refusing to permit real-time listening in on voice calls. According to sources speaking to Reuters, the judge later ruled in Facebook's favor -- although, because the case remains under seal, it's not known for what reason. The case, filed in a Fresno, Calif. district court, centers on alleged gang members accused of murder and other crimes. The government had been pushing to prosecute 16 suspected gang members, but are said to have leaned on Facebook to obtain further evidence.
There are laws that require telecommunications companies to allow law enforcement wiretaps with a warrant
The law is CALEA, and it requires Telecom companies when requested to technically Facilitate wiretapping communications flowing through the Telecom by providing lawful intercept access.
If a messaging application provider such as Facebook is delivered a warrant for information, then they have to comply, BUT there's no law where Facebook can be ordered by a warrant to modify their systems to facilitate a wiretap ---- Facebook is not required to have or provide access to systems to technically facilitate a wiretap like a Telecom provider would be required to do: it would be totally legal for Facebook to have a non-wiretappable application and CALEA doesn't require them to modify it to help law enforcement.