Facebook won’t turn over data, so a judge shut it down…
A Brazilian judge has blocked Facebook’s WhatsApp from operation inside the country and has authorized a fine of up to R$50,000 ($15,273 USD) per day while Facebook refuses to comply with a secret judicial order to provide data in a criminal case, according to Reuters. This is apparently the third such incident involving the popular IP-based messaging app since December of 2015.
The judicial order is officially being kept secret, according to Reuters; and is speculated to be related to conversations involving a number of drug trafficking cases currently under investigation. This action, however, appears to be severe, as its open ended. WhatsApp has been shut down indefinitely, and the outage affects more than 100 million Brazilian users.
WhatsApp is popular in Brazil and other countries due to steep local cellular carrier fees.
The big issue here is that WhatsApp’s data is encrypted. This case is similar to the recent case here in the US between Apple and the FBI. The Brazilian government wants to know what information was traded between suspects and is expecting WhatsApp to provide the unencrypted data.
Unfortunately, there’s a problem with the order(s) coming from the office of Brazilian Judge Baniela Barbosa Assunção de Souza from the state of Rio de Janeiro – Facebook doesn’t store the encrypted data on their servers,
“As we’ve said in the past, we cannot share information we don’t have access to. We hope to see this block lifted as soon as possible,” said a WhatsApp spokesperson in a public statement.
Brazil’s attorney general’s office has restated its position that judges who suspend WhatsApp for failure to provide data are incorrectly interpreting a 2014 law meant to provide a legal framework for the internet.
Brazil has five (5) major cellular carriers: Telefonica Brasil SA, América Móvil SAB’s Claro, TIM Participações SA, Oi SA and Nextel Participações SA. None of them had an immediate comment regarding this suspension.
I think they are waiting for either the other shoe to drop or for a higher judicial authority to lift the suspension. Since the nation’s attorney general doesn’t support this type of suspension, I suspect that it won’t last very long, and that any fine levied against Facebook/ WhatsApp will be negated, but we’ll have to wait and see.
What are your thoughts on this development? Should WhatsApp provide any information at all? Should they show the judge that they don’t have the messages? Why don’t you give me your thoughts in the discussion area below and tell me what you think?