A federal judge in Fresno, California recently denied prosecutors’
request to force Facebook to wiretap voice calls by suspected gang
members conducted over Messenger.
According to a Friday report by Reuters, despite already having
substantive traditional wiretaps and intercepting Messenger texts
between alleged MS-13 gangsters, the government wanted further access.
"Currently, there is no practical method available by which law
enforcement can monitor these calls," FBI Special Agent Ryan Yetter
wrote in a nearly-100-page-long affidavit submitted to the court on
August 30, 2018. The three participants in those calls are now in jail,
according to Reuters.
The court proceeding, decision, and docket that deal with the wiretap
request remain sealed. According to Reuters, Facebook has the capability
to wiretap Messenger calls "with some effort," but it's unable to do so
for WhatsApp calls. The government now seems to have dropped its
request.
While traditional telecom companies must give access to police under a
1990s-era law known as CALEA, Internet-based calls are exempt, despite
the government's previous efforts to change the law. Prosecutors
seemingly argued that nevertheless, Facebook had to comply with the
government’s request.
Mark Broughton, an attorney for one of the defendants named Denis
Barrera-Palma, did not immediately respond to Ars’ request for comment.
However, Broughton told Reuters that he would seek the application to
wiretap Messenger voice calls, which could eventually make them part of
the public court record.
Facebook also did not immediately respond to Ars’ request for comment.
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