On Friday (31), the Facebook managed to reverse the blockade of R $ 38 million obtained by federal prosecutors of Amazonas (MPF-AM) with an injunction granted by the Federal Court of the 1st Region, in Brasília. In a statement, the social network said it has “deep respect” for Justice Brazilian and cooperating with the investigation.
According to the MPF, the company did not fulfill “judicial decision that obliged to provide data records and breaking the confidentiality of messages sent by the application WhatsApp for research purposes.” According to Estado, WhatsApp released to justice the registration data but not the conversation metadata for arguing that does not keep that kind of information.
The court also asked conversations exchanged within Facebook (which are not encrypted from end to end as in WhatsApp), but these data are not stored in Brazil and should be awarded by an international cooperation agreement between Brazil and the United States, the MLAT. The sharing of access logs, determined by the Civil Marco, was made by Facebook even before the company has blocked funds as determined by our site.
How, in general, the process is very bureaucratic to spend Justice of both countries, the prosecution preferred the lock to try to access these conversations more quickly, the source heard by the report.
In determining the MPF, the procurator of Alexandre Jabur Republic had threatened to suspend WhatsApp in Brazil and said that “the attitude of non – compliance to court orders clearly characterized as a threat to the dignity act of justice.” The statement released on Tuesday (2) by Facebook to our site says the company is ready to answer any remaining questions.
As explained here, the prosecutor takes a very tough stance with WhatsApp, defending to the end of the service in Brazil if it continues “not cooperating” with the investigation. The MPF says that the lack of collaboration hurts the Marco Civil, which requires the services to maintain activity logs of users for at least six months and, upon request, deliver the data to the Justice.
With the help of Facebook, the tug of war between the social network and the Brazilian authorities weakens, but WhatsApp still not fulfilling the Marco Civil to not store the metadata. Remember that the two companies have separate representation in Brazil, but justice comes both as one.
Already there are bills to protect WhatsApp. This, for example, consider blocking the service a disproportionate measure – same opinion of Chief Justice Ricardo Lewandowski – and to prohibit this kind of coercion.