WhatsApp received a fine of $ 23 million, stipulated by the Federal Regional Court of 4 Regio (TRF4), this Tuesday (25). In note to dnetc, the company considered positive the reduction in value, which was set at $ 2 billion in 2017, and said to appreciate the recognition of end-to-end encryption by the Brazilian authorities. Also according to the company, the judges understood the importance of application security technology, which restricts the content of messages only to the sender and recipient. "Critically, all three judges have recognized the legality of end-to-end encryption and there is no requirement for WhatsApp to change their system."
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The punishment for a case of breach of court rulings in 2017. The platform declined to provide encrypted data from users investigated in Federal Police Operation Malote. At the time, a decision of the 1st Federal Court of Umuarama (PR) imposed payment of $ 2 billion to the companies, which was considered disproportionate in the trial of second instance.
Facebook and WhatsApp have $ 2 billion fine reduced in Brazilian appeals judgment Photo: Tainah Tavares / dnetc
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The case began two years ago, when the PF served 80 court orders in the city of Parana of Umuarama, where would be headquartered a network of drug traffickers with arms in Mato Grosso do Sul, So Paulo, Rio de Janeiro and northeastern states. One of the warrants requested WhatsApp to provide data from criminals who would have used the app to communicate for at least two years, during which time the group operated in the region. The first sentence came after the app acquired by Facebook in 2014 did not comply with the court order.
WhatApp appealed and claimed that it was unable to fulfill the request because of end-to-end encryption, conversations could not be intercepted and delivered to the authorities. Judge Joo Paulo Gebran Neto, rapporteur of the action, did not accept the argument and maintained the punishment also to Facebook, which responds jointly for belonging to the same economic group of WhatsApp, under the terms of the Internet Civil Marco. The magistrate, however, reduced the fine for considering the value too high.
The privacy of our users is very important to us, and we appreciate that the court has recognized the value and legality of end-to-end encryption in Brazil. This is an important decision that will help ensure the right of Brazilians to have private and secure online conversations. WhatsApp respects the authorities' work to help keep people safe, and we review, validate and respond to requests from authorities in the country..
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