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Brazil frees Facebook executive from detention amid probe into chat service Brazil frees Facebook executive from detention amid probe into chat service
(35 minutes later)
RIO DE JANEIRO — A senior Facebook executive left a Brazilian detention facility Wednesday even as authorities moved ahead with an investigation over access into the company’s popular mobile phone messaging service. RIO DE JANEIRO — A senior executive of Facebook left a Brazilian detention facility on Wednesday even as authorities moved ahead with an investigation over access into the company’s popular messaging service.
The executive, Diego Dzodan, was taken into custody Tuesday after the company’s WhatsApp cellphone chat subsidiary told Brazilian authorities it was unable to intercept instant messages in connection with a drug investigation. The executive, Diego Dzodan, was taken into custody on Tuesday after the Facebook subsidiary, WhatsApp, told Brazilian authorities that it was unable to intercept instant messages in connection with a drug-trafficking investigation.
Dzodan, Facebook’s vice president for Latin America, was ordered detained on an order from a Brazilian judge, said WhatsApp spokesman Matt Steinfeld. Dzodan, Facebook’s vice president for Latin America, was detained on an order from a Brazilian judge, said WhatsApp spokesman Matt Steinfeld.
But a higher court ruled that Dzodan could be freed amid the ongoing legal process against Facebook, which is secret. He was released soon after the decision. But a higher court ruled that Dzodan could be freed while the legal process against Facebook, being held away from the public eye, is ongoing. He was released soon after the decision.
“He continues to respond to the process,” said Luciano Andrade, a spokesman for the court in Aracaju in northeast Brazil. “The process is against Facebook, but as he is responsible for Facebook in Latin America the judge requested the imprisonment.” “He continues to respond to the process,” said Luciano Andrade, a spokesman for the court in Aracaju, in northeast Brazil. “The process is against Facebook, but as he is responsible for Facebook in Latin America, the judge requested the imprisonment.”
The case reflects the growing conflict between technology firms and governments around the world over access to customer data.The case reflects the growing conflict between technology firms and governments around the world over access to customer data.
[Apple gets tech world support in U.S. fight][Apple gets tech world support in U.S. fight]
As more companies use strong encryption on their customers’ devices and communication, the information becomes increasingly out of reach for law enforcement, even if officials have obtained warrants. As more companies use strong encryption on the devices and communication, user information becomes increasingly out of reach for law enforcement, even if officials have obtained warrants.
Compounding the issue, a U.S. firm operating overseas can often find it difficult to comply with local laws when they conflict with U.S. rules. Congress, for instance, bars American companies from providing court-ordered wiretaps to anyone except the U.S. government.Compounding the issue, a U.S. firm operating overseas can often find it difficult to comply with local laws when they conflict with U.S. rules. Congress, for instance, bars American companies from providing court-ordered wiretaps to anyone except the U.S. government.
Both WhatsApp and Facebook are hugely popular in Brazil, where WhatsApp has more than 100 million users.Both WhatsApp and Facebook are hugely popular in Brazil, where WhatsApp has more than 100 million users.
WhatsApp has said it is moving to strong encryption on its platform to protect users’ security and privacy. Although U.S. law enforcement says it supports encryption, it has expressed frustration with its inability to gain access to user data in criminal and terrorism cases. WhatsApp has said that it is moving to strong encryption on its platform to protect users’ security and privacy. Although U.S. law enforcement says it supports encryption, it has expressed frustration over its inability to gain access to user data in criminal and terrorism cases.
[Lynch: Wiretap pact with British would protect privacy, rights][Lynch: Wiretap pact with British would protect privacy, rights]
The FBI is wrangling with Apple in U.S. courts over access to a phone used by one of the shooters in the December terrorist attack in San Bernardino, Calif.The FBI is wrangling with Apple in U.S. courts over access to a phone used by one of the shooters in the December terrorist attack in San Bernardino, Calif.
The WhatsApp spokesman Steinfeld said that the company’s platform is simply not built for wiretaps. The company, which is based in Mountain View, Calif., separately from Facebook, does not have an office in Brazil or store the messages on its servers. It encrypts them when they are in transit between users. Steinfeld, the WhatsApp spokesman, said the company’s platform is simply not built for wiretaps. The company, which operates as a separate entity and is based in Mountain View, Calif., does not have an office in Brazil or store the messages on its servers. It encrypts them when they are in transit between users.
WhatsApp cannot provide information we do not have,” Steinfeld said. “WhatsApp cannot provide information we do not have,” Steinfeld said.
Facebook said in a statement that the company is “disappointed with the extreme and disproportionate measure of having a Facebook executive escorted to a police station in connection with a case involving WhatsApp, which operates separately from Facebook.”Facebook said in a statement that the company is “disappointed with the extreme and disproportionate measure of having a Facebook executive escorted to a police station in connection with a case involving WhatsApp, which operates separately from Facebook.”
The company added: “Facebook has always been and will be available to address any questions Brazilian authorities may have.”The company added: “Facebook has always been and will be available to address any questions Brazilian authorities may have.”
The Brazilian police said in a statement that it wanted the information for a probe into organized crime and drug trafficking. Brazilian police said in a statement that they wanted the information in connection with a probe into organized crime and drug trafficking.
The police requested the wiretap four months ago, after officers investigating a drug gang seized a car carrying cocaine on the main street in Lagarto, a city with a population of around 100,000, said Monica Horta, a spokeswoman for the Federal Police in Aracaju, the capital of Sergipe state. The police requested the wiretap four months ago, after officers investigating a drug gang seized a car carrying cocaine on the main street in Lagarto, a city with a population of about 100,000, said Monica Horta, a spokeswoman for the federal police in Aracaju, the capital of Sergipe state.
Two months ago, the judge levied a daily fine on Facebook of $12,600, raising this to $254,000 when the data was not supplied. Frustrated, police requested the order for Dzodan’s arrest. Two months ago, the judge levied a daily fine of $12,600 on Facebook, raising this to $254,000 when the data was not supplied. Frustrated, police requested the order for Dzodan’s arrest.
WhatsApp was briefly blocked in December by a judge in Sao Paulo state for failing to provide information related to a separate criminal investigation, but the ban was overturned less than 24 hours later. [[The awkward irony in Brazil blocking WhatsApp]]
The service was also nearly suspended in February 2015 after a judge in Piaui, another northeastern state, ordered its suspension for not helping a different investigation, this time into pedophilia. In this case, too, the ban was overturned — this time before it came into effect. A judge in Sao Paulo state briefly blocked WhatsApp in December over its failure to provide information in a separate criminal investigation, but the ban was overturned less than 24 hours later.
The service was also nearly suspended in February 2015 over the orders of a judge in Piaui, another northeastern state, for lack of cooperation in an investigation into pedophilia. In that case, too, the ban was overturned — this time before it came into effect.
Ellen Nakashima in Washington contributed to this report.Ellen Nakashima in Washington contributed to this report.
Read more:Read more:
Everything you need to know about encryption: Hint, you’re already using it.
Obama administration explored ways to bypass smartphone encryption
As encryption spreads, U.S. grapples with clash between privacy, security
Today's coverage from Post correspondents around the worldToday's coverage from Post correspondents around the world