Brazil Arrests Facebook Exec Because Company Refuses To Reveal Info On Whatsapp Users

from the arrested-for-not-doing-the-impossible dept

Tue, Mar 1st 2016 2:03pm — Mike Masnick

Back in December, we noted that, somewhat ridiculously, all of the super popular Whatsapp service (owned by Facebook) was blocked in Brazil, because Facebook refused to reveal information on Whatsapp users as part of a drug trafficking investigation. While the court only allowed the block to last for a little while, apparently things have escalated, with a senior Facebook exec now being arrested for failing to cooperate in this case:

Facebook’s vice president for Latin America has been arrested on his way to work in São Paulo, Brazil. Federal police picked up Diego Dzodan because Facebook disobeyed a court order to help investigators in a drug case that involves a WhatsApp user.

The arrest was made at the request of officials from the state of Sergipe, in Brazil’s north-east. In a statement, the federal police said Facebook/WhatsApp had repeatedly failed to comply with court orders relating to an organized crime and drug-trafficking investigation.

This reminds me, somewhat of the case where some Google execs were tried and convicted in Italy, because they didn't take down a video fast enough (the company took it down, just not fast enough). While the underlying issues are different, arresting execs of tech companies because you don't like the way they operate their business seems like a good way to make sure innovative internet services are not offered in your country at all. And, in this case, where Facebook relies on strong encryption in Whatsapp, it seems likely that the issue may be that it was impossible to comply with the court order in this case (though the full details are not yet known). Either way, arresting an exec over this seems extremely troubling -- especially in a country such as Brazil that has been trying to set itself up as a strong supporter of a free and open internet, and that had argued against surveillance.

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Filed Under: arrest, brazil, diego dzodan, whatsapp
Companies: facebook, whatsapp

28 Comments

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Scote, 1 Mar 2016 @ 2:10pm

I think that the troubling issue should be the over zealous law, rather than the arrest of executives. I think we have far too little arresting of executives here in the US, resulting in no personal responsibility for all manner of malfeasance, from breaking environmental laws to banking laws. Until executives are held seasonally accountable for their actions we can expect more of the same.

"Corporation
n. An ingenious device for obtaining individual profit without individual responsibility."

-Ambrose Bierce
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- Anonymous Coward, 1 Mar 2016 @ 2:28pm
  
  Re:
  My definition for Corporation - An imaginary friend for wealthy adults to blame their greed and sociopathy on.
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  - Anonymous Coward, 1 Mar 2016 @ 3:16pm
    
    Re: Re:
    Wealthy adults? Maybe the top brass, but most anyone from middle management to low level grunts seem all to happy to check their morals at the door.
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    - Anonymous Coward, 1 Mar 2016 @ 4:42pm
      
      Re: Re: Re:
      and those morals would be?
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      - Anonymous Coward, 1 Mar 2016 @ 5:49pm
        
        Re: Re: Re: Re:
        splattered on the door
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      - Anonymous Coward, 1 Mar 2016 @ 5:49pm
        
        Re: Re: Re: Re:
        splattered on the door
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        Wendy Cockcroft, 2 Mar 2016 @ 6:02am
        
        Re: Re: Re: Re: Re:
        That's what happens when we're obliged to compete with each other for the scraps of jobs left over after outsourcing. Money may not bring us happiness but we need it to pay for rent and bills, etc.
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    - Anonymous Coward, 2 Mar 2016 @ 11:10am
      
      Re: Re: Re:
      "anyone from middle management to low level grunts seem all to happy to check their morals at the door."
      
      So you think the proles would gleefully commit murder for an employer?
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Anonymous Coward, 1 Mar 2016 @ 2:41pm

The information and knowledge afforded by the internet is proving a little too tempting for individual nations to not want to take advantage of, politics and spy agencies being rife with that kind scheming. Problem is that kind of access would create escalating precidents and implications causing a cascading collapse of the entire network, threatening the civil liberties and freedom's of everyone. I wonder though just how far those governments and agencies are willing to go for access to further their agenda's, the day we start seeing exec's and technicians being tortured to comply is going to be a particularly dark day indeed.
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- Anonymous Coward, 2 Mar 2016 @ 6:22am
  
  Re:
  no, no torture
  barely waterboarding and enhanced interrogations
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Anonymous Coward, 1 Mar 2016 @ 3:03pm

Several lawyers think the judge overstepped his bounds: http://www.conjur.com.br/2016-mar-01/advogados-dizem-prisao-executivo-facebook-ilegal

Also, I believe this case is unrelated to last year's case. The judge's name is different.
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NeghVar (profile), 1 Mar 2016 @ 3:15pm

As a counter-strike, block all Brazil IP addresses from Facebook. Attempts of their citizen to reach Facebook, redirect to a site stating if you want Facebook back, protest to your government to release our employee. When the employee is released, we will unblock your country from Facebook.

And like with the Google case mentioned above. Threaten Italy that if you do not release our employees, we will cut off your country from all Google and Google owned services. (no gmail. Oh! and all that stuff your kept on Google Drive, it is blocked.)
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- Bergman (profile), 1 Mar 2016 @ 11:00pm
  
  Re:
  ...and then Brazil orders the arrest of all Facebook employees in Brazil for international terrorism and extortion. Possibly with international extradition proceedings against Facebook employees in other countries.
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- John85851 (profile), 2 Mar 2016 @ 10:17am
  
  Re:
  That's a good idea in theory, but how much business will Facebook lose by blocking the entire country of Brazil?
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Anonymous Coward, 1 Mar 2016 @ 3:44pm

At least there is a record of his detainment, and he probably won't be waterboarded in Brazil. If only all countries were so civilized.
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- Anonymous Coward, 2 Mar 2016 @ 6:24am
  
  Re:
  brazilians have their own national spiced version of everything
  why not brazilian torture/enhanced interrogations?
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  - Eldakka (profile), 2 Mar 2016 @ 2:48pm
    
    Re: Re:
    Brazilian torture:
    
    Level 1) Not allowed to get brazilians, must let the hair grow.
    Level 2) Forced to have sex with ugly people
    Level 3) NO SEX.
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Capt ICE Enforcer, 1 Mar 2016 @ 5:06pm

Serious jail time
Hmmm. Jail time for a CEO is having to stay at his mansion while not working but still getting paid millions of dollars a year. The horror.
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Anonymous Coward, 1 Mar 2016 @ 7:33pm

"...Brazil...a free and open internet...against surveillance."
By actions shall ye know them better than their words.
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Brazilian Guy, 1 Mar 2016 @ 7:46pm

I'm a bit late for this party, but here anyway.

The Public Attorney went on record informing that the data being requested is not the content of the messages, but the register of to whom a given set of users sent messages, and if possible the register of the locations from where the message was sent and where those messages got received. They are probably thinking on terms of the kind of information cellphone service providers are lawfully required to provide to the authorities in the course of an investigation. That it probably is very dissimilar from the data Whatsapp actually retains doesn't enter the judge consideration, because he probably believes Whatsapp is required to store that data to comply with Brazilian Laws.

Of course, many people are thinking that its a conspiracy to force out messages pro / against the Government (dependind on your political inclinations) in Facebook and Whatsapp. And then proceed to talk about it on Facebook and Whatsapp.

That our Minister of Justice has been replaced yesterday added a weird, paranoic, faux legitimacy to those hoaxes.
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Ninja (profile), 2 Mar 2016 @ 4:20am

I'm not sure if Brazilian courts asked for message contents or simply for the metadata (who sent, who received the messages and the time stamp). Theoretically Whatsapp could provide the metadata. But then again they probably wouldn't offer too much resistance if that was the case or so I think. Besides, if facebook appealed the decision this should be on hold till the case moves forward but, again, I think our courts work a little bit differently concerning appeals and Facebook is not the target of the operation itself so maybe it can't really appeal (I'm speculating here). There was a backlash with many lawyers agreeing it was an overreach.
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- Anon, 2 Mar 2016 @ 4:54am
  
  Re:
  [sorry for the english]
  The problem is that facebook did not even repply any of the requests. They keep claimming that Whatsup is not controlled by Brasil's Facebook or something like that. AFAIK, this court is requesting just the metadata - not to confuse with the case last year which was in a different state and did in fact request contents of messages if i'm not mistaken.
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Anonymous Coward, 2 Mar 2016 @ 5:49am

might be a good time..
to file a Investor-State Dispute Settlement (ISDS), since the lawsuit is affecting facebook and whatsapp's ability to function in brazil.
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Roger Strong (profile), 2 Mar 2016 @ 7:04am

1995 is Calling...
CompuServe ran into this sort of thing in the mid-1990s. The head of their service in Germany was arrested because Nazi memorabilia and violent games on servers in the United States were accessible in Germany. Also internet sites with pornography.
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nasch (profile), 2 Mar 2016 @ 7:36am

While the underlying issues are different, arresting execs of tech companies because you don't like the way they operate their business seems like a good way to make sure innovative internet services are not offered in your country at all.

You may disagree with the order. You may believe that it's an overreach to arrest an executive over this. But if you're claiming that this is being done because the Brazilian government "don't like the way they operate their business" you should provide some evidence for that claim. And if you're not claiming that, then you shouldn't say it.
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Anonymous Coward, 2 Mar 2016 @ 7:48am

they want to have Facebook/Whatsapp to censor government critics ... LIKE GERMANY ALREADY DOES.
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Anonymous Coward, 2 Mar 2016 @ 9:30am

But...
"as part of a drug trafficking investigation"
So this is a traffic violation?
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Manikandan, 24 Mar 2016 @ 9:15am

It might be a wrong
Facebook is a social network used by wide people in the world and blocking in some country looks like dictatorship followed.

- Mani Anbu
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