Diego Dzodan, Facebook’s Latin American vice president was taken in custody by Brazil Federal Police in Sao Paulo on his way to work at Guarulhos airport. He is accused non-compliance on a national drug traffic investigation with a court order. According to the Federal Police, Facebook has refused to give copy of Whatsapp messages (content and location) which are essential responsible for the drug organization.

Facebook announced a note saying to be disappointed by an extreme and disproportional court order and, but they are willing to help with the investigations.

Daily fine

However, Judge Marcel Maia Montalvão had already imposed a daily fine of R$ 50,000. Then, he rose to R$ 1 million daily. Finally, Montalvão imposed the arrest, alleging Facebook has obstructed police investigation.

Federal Police also confirms that criminals use Whatsapp because they know Police Intel does not have access to data.

They ratify Yahoo and Google have been helpful so far.

On the other hand, Facebook spokesman said they have always been and will be available for Brazillian authorities’ demands, but their servers do not store messages content. Data is encrypted by users. In other words, Police is requesting information that they do not have.

Second time

It is not the first time that Facebook and Whatsapp are involved in polemic in Brazil.

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In December 2015, Whatsapp was shut down in Brazil by a court order, again because the company did not help on following court requirements. Even Facebook’s CEO, Mark Zuckerbergcommented on the issue on his facebook and said It was a sad day for Brazil.

Law specialist says that after the new Brazillian Internet law code, internet service companies should have a way to access the files. Renato Ópice Blum says it the business risk, the company must find a way to attend court demands.

Leandro Bissoli comments that according to the Facebook terms, Whatsapp messages may affect the Facebook feed. The data requested by the court might be difficult to be retrieved, but this should not be an excuse.

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