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> Under penalty of perjury, not really. Since you're quite obviously having to dance around how to communicate the fact that you've received NSLs and invocatio
by jsmthrowaway 11y ago
> Under penalty of perjury, not really.
Since you're quite obviously having to dance around how to communicate the fact that you've received NSLs and invocations of CALEA that made you feel queasy (I feel your pain for similar, vague, hypothetical reasons), perjury isn't the legal concept that you're after there. You want 18 USC 2709, and for those keeping score at home, to my knowledge nobody has been prosecuted for violating (C)(1) which would test that law on appeal. The Internet Archive famously challenged the nondisclosure itself and won, which is a bit different.
I honestly don't know with what they'd charge you. Obstruction, maybe, but there's enough national security buzzwords in the (again, I've heard) letters and law to give me pause on considering civil disobedience there. The law does say in 18 USC 3511 that they can invoke a district court to force compliance, and then contempt can follow. But unclear on the nondisclosure part in the absence of a court order, and that's scary.
(BTW, IANAL, just an ex-hoster with a penchant for policy, and I'd love to hear someone like rayiner's view on this.)
- neom 11y agoFixed, although frankly perjury may apply if I went too far given.. handwave.
- jsmthrowaway 11y agoIndeed. I know exactly what you mean. Relatedly, I hope you were able to avoid situations that required you to talk to NCMEC. (I wasn't, and I carry those memories with me now.) To others: Don't go into hosting, particularly the abuse side, if you value your sanity and a positive outlook on humanity in general.
- neom 11y agoYippers, hosting anything for the general public as a pretty brutal business to be in. I didn't enjoy any aspect of my job that required dealing with the judicial arm of any government. I'm incredibly happy to see apple going to town on this issue. I wish people knew what a fucking mess it is.
- acqq 11y agoYou see, Apple's "enough is enough" is exactly, "you have CALEA, we work with you based on that, but now you ask us based on 'All Writs' to modify our products." The essence of "All Writs" is (actual quote) "all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." which if I understand means in simpler English "we can officially request anything from everybody when we do our job, unless it appears as too illegal."