5 ms·
In the USA, courts generally can't compel you to speak. They do not have the power to force someone to utter or write words against their own free will. Forcing
by URSpider94 10y ago
In the USA, courts generally can't compel you to speak. They do not have the power to force someone to utter or write words against their own free will. Forcing someone to continue publishing a statement saying that a warrant has not been received would be against understood Constitutional precedent.
- mseebach 10y agoMoxie Marlinspike: If it's illegal to advertise that you've received a court order of some kind, it's illegal to intentionally and knowingly take any action that has the effect of advertising the receipt of that order. A judge can't force you to do anything, but every lawyer I've spoken to has indicated that having a "canary" you remove or choose not to update would likely have the same legal consequences as simply posting something that explicitly says you've received something. https://github.com/WhisperSystems/whispersystems.org/issues/34#issuecomment-56448994 https://github.com/WhisperSystems/whispersystems.org/issues/... Bruce Schneier: Personally, I have never believed this trick would work. It relies on the fact that a prohibition against speaking doesn't prevent someone from not speaking. But courts generally aren't impressed by this sort of thing, and I can easily imagine a secret warrant that includes a prohibition against triggering the warrant canary. And for all I know, there are right now secret legal proceedings on this very issue. https://www.schneier.com/blog/archives/2015/03/australia_outla.html https://www.schneier.com/blog/archives/2015/03/australia_out... At the very least, the issue isn't clear-cut, and there most certainly isn't constitutional precedent.
- dimino 10y agoThey absolutely can and they have, warrant canaries are pseudolegal nonsense. Judges do not tolerate such things.