[bestbits] [antivigilancia] FB Exec detained -- access to govt data?

Wed Mar 2 13:42:03 EST 2016

For a better understanding of the legal issues behind all of these, please
find below some preliminary commentary by the folks at InternetLab, by
co-director Dennys Antonialli c/c here.

"1. What is your reaction to the arrest of Diego Dzodan?

Diego was arrested on the grounds of willful intention to obstruct the
investigations (pursuant to Article 2, § 1*o*,of the Brazilian Criminal
Organizations Act). Clearly, it was an illegal and unreasonable measure to
try to compel the company to turn over users data (according to the judge's
statement, the content of messages exchanged in the app). We see the arrest
with concern as it shows the lack of understanding of technical issues and
how far judges are willing to go to punish companies that refuse to comply
with their orders regardless of their reasons.

2. Lawyers from WhatsApp have said that they are unable to provide the data
in question because of their use of end to end encryption. What is the
current political debate over strong encryption in Brazil? Does Marco Civil
have provisions that would affect encryption?

Currently, there is not a relevant debate about the use of encryption in
Brazil. Marco Civil requires application providers to keep application
access logs for 6 months and prohibits warrantless access to such logs. It
does not mention encryption nor does it require the content of messages to
be kept. We worry that, in the absence of legal rules, judges may start
addressing the issue and decide that the use of end-to-end encryption is
inadmissible in Brazil.

3. In December WhatsApp was born blocked, also for noncompliance in a
criminal investigation. Why do these legal challenges keep reoccurring?
What impact do they have on internet freedom in the country?

The decisions determining the block of WhatsApp in Brazil last year are
related to the arrest in the sense that they are all responses to the
refusal of WhatsApp to turn over users data. According to the WhatsApp, the
judicial orders request data that the company does not have (like the
content of private messages). In this sense, judges are getting tougher and
less understanding about the company's technical limitations to comply with
the requests. The adoption of such radical measures (blocking of services
and/or arrest of the company's top executives) gives a bad sign for other
companies who are willing to protect users privacy and build privacy
enhancing technologies into their products (like end-to-end encryption). "

On Wed, Mar 2, 2016 at 11:58 AM, Carlos Afonso <ca at cafonso.ca> wrote:

> He is free now on "habeas corpus". My excuses as a Brazilian regarding
> the horrible, Middle-Ages way the Brazilian police transports its
> inmates -- usually in the luggage trunk, or in containers as if all were
> extraterrestrial terrorists or cattle.
>
> Brazil has advanced a lot, Marco Civil is a witness to this progress
> regading defense of citizen's' rights, but there are at least two main
> vulnerabilities we have to deal with for Brazil to become a bit more
> civilized:
>
> - The prehistoric style in which it treats its prisoners and suspects,
> even without charge in the case of the poor; this is a post-slavery
> ("post" here is relative) society dominated by a pro-slavery, extremely
> racist elite. Luckily for him, Diego Jorge Dzodan is white upper-class,
> but this did not preclude the prehistoric Brazilian police from
> transporting him like cattle to his release.
>
> - The low priority all Brazilian governments (particularly state and
> municipal governments) have given to public sanitation; our
> vulnerability to epidemics like zika is at pair with any other
> underdevolped country (for a country which is a leading exporter of
> state-of-the-art airplanes for one thing, mind you), and this needs a
> massive war-style operation to change.
>
> fraternal regards
>
> --c.a.
>
> On 3/2/16 07:02, Cecilia Tanaka wrote:
> >
> http://www1.folha.uol.com.br/tec/2016/03/1745230-apesar-de-problemas-judiciais-whatsapp-diz-que-nao-vai-mudar.shtml
> > On Mar 1, 2016 3:47 PM, "Cecilia Tanaka" <cecilia.tanaka at gmail.com>
> wrote:
> >
> >>
> >>
> http://www.dailymail.co.uk/wires/ap/article-3471327/Facebooks-Latin-American-boss-arrested-Brazil.html
> >>
> >> São as mesmas informações circulando por enquanto.
> >> On Mar 1, 2016 3:26 PM, "Cecilia Tanaka" <cecilia.tanaka at gmail.com>
> wrote:
> >>
> >>> Não muita coisa ainda, David querido...  :(
> >>>
> >>>
> >>>
> http://www.bbc.com/portuguese/noticias/2016/03/160225_prisao_facebook_sp_if
> >>> On Mar 1, 2016 3:13 PM, "David Bogado" <davidbogado at eff.org> wrote:
> >>>
> >>>> Achei este material no G1, vocês tem mais informações?
> >>>>
> >>>>
> >>>>
> http://g1.globo.com/sao-paulo/noticia/2016/03/policia-prende-representante-do-facebook-na-america-do-sul-em-sp.html
> >>>>
> >>>> Em nota, a assessoria de imprensa do Facebook no Brasil disse que a
> >>>> medida é extrema e desproporcional. "Estamos desapontados com a medida
> >>>> extrema e desproporcional de ter um executivo do Facebook escoltado
> até a
> >>>> delegacia devido a um caso envolvendo o WhatsApp, que opera
> separadamente
> >>>> do Facebook. O Facebook sempre esteve e sempre estará disponível para
> >>>> responder às questões que as autoridades brasileiras possam ter", diz
> >>>> porta-voz do Facebook.
> >>>>
> >>>> El 1 de marzo de 2016 14:50:54 GMT-03:00, Katitza Rodriguez <
> >>>> katitza at eff.org> escribió:
> >>>>>
> >>>>> Caros, Você está seguindo as notícias sobre um exec FB no Brasil
> sendo
> >>>>> presos / detidos hoje em resposta à incapacidade da empresa para
> >>>>> fornecer os dados do usuário no caso de drogas? alguém pode lançar
> mais
> >>>>> luz para mim.
> >>>>>
> >>>>>
> >>>>
> >>>> Sent from Phone. Please, please, excuse my brevity.
> >>>>
> >>>> _______________________________________________
> >>>> Antivig-l mailing list
> >>>> Antivig-l at listas.tiwa.net.br
> >>>> https://listas.tiwa.net.br/listinfo/antivig-l
> >>>> Descadastrar: envie email a Antivig-l-unsubscribe at listas.tiwa.net.br
> >>>>
> >>>
> >
> >
> >
> > _______________________________________________
> > Antivig-l mailing list
> > Antivig-l at listas.tiwa.net.br
> > https://listas.tiwa.net.br/listinfo/antivig-l
> > Descadastrar: envie email a Antivig-l-unsubscribe at listas.tiwa.net.br
> >
>
> --
>
> Carlos A. Afonso
> Instituto Nupef - https://nupef.org.br
> CGI.br - http://cgi.br
>
> GPG 0x9EE8F8E3
>
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-- 

*Carolina Rossini *
*Vice President, International Policy*
*Public Knowledge*
*http://www.publicknowledge.org/ <http://www.publicknowledge.org/>*
+ 1 6176979389 | skype: carolrossini | @carolinarossini
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