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by rlpb
3844 days ago
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That's my point. He said a judge's order is required for a "wiretap", but other commenters have said (and provided text) that metadata is available without a judge's order. So unless that statement is incorrect and a judge's order is actually required, the entire argument that there's a high bar to wiretap is false. He's just redefined "wiretap", that's all. |
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For example, if the cops starts investigating John Doe they may ask the service provider to keep metadata for a fixed period of time, stated on the Marco Civil (six months IIRC). But access to this metadata can only be authorized by a judge.
Edit: Reread the Marco civil an refreshed my memory. What I said is not entirely correct. All metadata is kept by default and needs a court order to be accessed. What authorities may ask without a court order is for the service provider to keep the metadata for a time longer than specified on the Marco civil.
Also, as I said on my previous comment, the intention of the bill was that only metadata was recorded, but the term "registros de conexão -> connections log" is vague enough to be interpreted in other ways :(