3 ms·
As of today, there is no case where the government has pressed the issue about modifying systems. They thought they had the perfect case with San Bernadino/Appl
by tankered 10y ago
As of today, there is no case where the government has pressed the issue about modifying systems. They thought they had the perfect case with San Bernadino/Apple, in fact they are trying to pick the best case in terms of players in order to establish precedent, but they backed down because all of silicon valley rose up in protest. If Riseup became a test case for this it would be a big deal, this would be a legal fight that would bring armies of lawyers who have been dying to litigate this exact scenario, and sillicon valley would also get behind such a case (as they did with Apple). But the government isn't likely to pick Riseup as the target for such a case, they want someone big like Apple.
In particular, what you are talking about is a Title III Wiretap (in transit) order with an additional element of technical assistance that requires significant re-architecture that would expose massive take, or enforced lying (endorse a false cert). This would put a huge burden on Riseup, and significantly undermine their operation. A Title III Wiretap order can only be done in very specific cases, it is much harder to obtain one of these than it is for a simple search warrant, or subponea. In fact its so difficult, that in 2015 Google received 15 wiretap orders in total and more thaan 8k search warrants. Not only that, but the government must show they can do data minimization and there is a notification requirement (unlike a search warrant) where they notify the target after 90 days. The tighter particularity requirements built into the statute make this a very good position for Riseup to be in.
- hackuser 10y agoThanks. With respect, do you have expertise on this issue? It's just useful to know if we're hearing from an attorney who practices in this area or someone who happens to be well-read in it. > there is no case where the government has pressed the issue about modifying systems Do we know that, or would it be more accurate to say 'there is no case that we know of'? And we do have some reason to believe that the U.S. government has pressured large telcos to modify equipment; look up Qwest's story.