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> The original case concerned law enforcement’s authority to compel the disclosure of an SSL/TLS private key, which belonged to Lavabit, and was used to protect
by Pyxl101 10y ago
> The original case concerned law enforcement’s authority to compel the disclosure of an SSL/TLS private key, which belonged to Lavabit, and was used to protect the communications of all 410,000 customers, when only one of those customers was the subject of a criminal investigation.
No, not completely true. From what I recall about the case, law enforcement asked Lavabit to eavesdrop on his communications. I recall law enforcement claiming that Lavabit had done this before, previously, when asked. Lavabit balked this time for some particular reason, and ineffectively attempted to fight the request in immature ways. When asked for digital data, printed out a bunch of hex or base64 on many reams of paper. Courts frown on this kind of shenanigans. In this and other ways, Levison engaged with the court in naive, immature, and ineffectual ways, including by appearing in court without representation. By failing to make a number of arguments in his defense at trial, he was consequently unable to revisit most issues on appeal. (You usually cannot raise new issues on appeal.)
It was only after Lavabit refused to eavesdrop, after receiving a lawful order to do so, that law enforcement demanded the TLS keys in order to do it themselves. Lavabit's ineffectual handling of the issue alone was what put the privacy of the rest of their users at risk.
Lavabit was not a secure service. The site could easily eavesdrop on your communications at will and decrypt your data. The site simply made a promise not to store a key based on the user password (if I'm recalling correctly), but had the technical ability to do so upon each login. Quote from their site: "Lavabit has developed a system so secure that it prevents everyone, even us, from reading the email of the people that use it."
The site was not actually secure in the ways that it claimed, specifically the claims that it was secure against site operators reading your data, and as a consequence obviously against law enforcement. Lavabit was poorly designed and dangerously close to snake oil, and I don't think they should be hailed as having done something venerable by privacy or security advocates. They were essentially a regular webmail service with a gimmick that allowed them to claim they were doing something different, without actually doing something that provided a meaningful security guarantee. This critique by Moxie Marlinspike includes a detailed substantiation of my statements above: https://moxie.org/blog/lavabit-critique/ https://moxie.org/blog/lavabit-critique/
> The cryptography was nothing more than a lot of overhead and some shorthand for a promise not to peek. Even though they advertised that they “can’t” read your email, what they meant was that they would choose not to.
(Moxie is behind Open Whisper Systems, the end-to-end encryption system that was recently integrated into WhatsApp)
There is no way for a webmail provider to ever handle your email in the clear (such as while sending or receiving it) while claiming not to be able to read it. The only way for this to be true is with end-to-end encryption with keys that reside exclusively on client machines.
DarkMail, however, which Levison started contributing to after the shutdown of Lavabit, does appear to attempt to provide true end-to-end security for email participants. https://darkmail.info/ https://darkmail.info/
- jrockway 10y agoWas their algorithm to turn your password into a private key? They _could_ store that key, but if they didn't, then they would not be able to comply with law-enforcement requests as long as you didn't log in. Seems like a reasonable compromise in a world where nobody knows what PGP is anymore.
- tonmoy 10y ago> Appearing in court without representation From https://lavabit.com https://lavabit.com : > It took a week for me to identify an attorney who could adequately represent me given the complex issues involved – and we were in contact for less than a day when agents served me with a summons ordering me to appear in a Virginia courtroom (over 1,000 miles from home). Two days later, after admitting their demand to my lawyer, I was served a subpoena for the encryption keys – also marking the first time they put their demand in writing. With such short notice, my first attorney was unable to appear alongside me in court. Because the whole case was under seal, I couldn't admit to anyone who wasn't a lawyer that I needed help, let alone why. In the days before my appearance I would spend hours repeating the facts of the case to a dozen attorneys, as I sought someone else that was qualified to represent me. I also discovered that as a third party in a federal criminal indictment, I had no right to counsel. Thus my pleas for more time were denied. After all, only my property was in jeopardy – not my liberty. My right to a “fair hearing” was treated as a nuisance, easily trampled by a team of determined prosecutors. In the end, I was forced to choose between appearing alone, or face a bench warrant for my arrest.
- Pyxl101 10y agoA person who is running a business focused on this kind of privacy should have counsel for their company set up and ready to go. The fact that they didn't was another sign that the company was unprepared for the business that they were handling. I'd expect someone running this sort of business to have an attorney on retainer who has advised the company of its rights and responsibilities, and who is ready to provide at least emergency counsel if not trial counsel.
- tonmoy 10y ago