WhatsApp / Apple / Google US based; Data is collected not with a direct request from the Turkish prosecutor's office, but with MLAT (Mutual Legal Assistance Treaty). Duration 3-9 months; but meta-data is immediate.
Meta-data vs content
- Meta-data: account registration information, phone, IP, session logs → can be obtained in 24-48 hours.
- Content (message, file, email): MLAT required; 3-9 months.
- Apple iCloud backup: MLAT + Apple's proprietary approval process.
- Google Drive: MLAT + Google Transparency Report structure.
MLAT procedure
Direct request (restricted)
- Since WhatsApp has appointed a Türkiye representative (5651 annex 4) — fast response in meta data.
- In case of "emergency" (life hazard) Apple/Google can respond quickly.
- Since Microsoft Teams Türkiye is a data center, direct requests are possible.
Alternative way: device capture
Frequently asked questions
The defendant deleted WhatsApp; can we get it?
It is difficult if the phone is not backed up. If you have an iCloud / Google Drive backup, it can be retrieved with MLAT. Since WhatsApp is end-to-end encrypted, only meta-data with MLAT; A device is required for the content.
9 months is too long, will it delay the case?
Frequently. We recommend to the prosecution a strategy of "continue with additional evidence" rather than "unlimited postponement". Evidence + witness + log that can be obtained from the device are progressed in parallel.
If there is a Turkish representative of 5651, isn't MLAT required?
Yes, the need for meta-data is reduced. Content still requires MLAT (E2E encryption + US federal law). The Turkish representative is authorized only for content removal + meta data.
WhatsApp end-to-end encrypted; How does one see the content?
Only from the device. Neither messages nor media are stored on the server; If the device backup (iCloud / Google Drive) is encrypted, the platform cannot read it. Physical device capture is the only way.
Is Telegram / Signal the same?
Telegram cloud chat is stored on the server (except secret chat); It can be taken with MLAT, but Russia is the center and cooperation is weak. Signal end-to-end + zero metadata; device one way.
Relevant legislation
- HMK art.199-205 — Presentation of documents and evidence.
- HMK art.400-405 — Determination; with witness / expert.
- CMK art.134 — Computer search, copying; hash chain.
- TCK art.243-245 — Computer crimes, digital evidence chain.
- e-Signature Law (5070) — Electronic signature and time stamp.