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> I don't understand how they can list NSLs in the transparency report Correct. You can list the ones you don't have, but not the ones you do. So to a first
by Lazare 8y ago
> I don't understand how they can list NSLs in the transparency report
Correct. You can list the ones you don't have, but not the ones you do. So to a first approximation, the transparency report will always say "0".
Now, the theory behind a warrant canary is that the government can compel your silence but (maybe!) it cannot compel you to make false statements. And if that applies to NSLs and gag orders, and thus makes warrant canaries valid, it might apply to the transparency report too.
And in that case maybe we can take the "0" at face value, and we can assume that they haven't received an NSL, but if they do they'll just silently drop that section from the transparency report. (Their warrant canary had some cryptographic signatures, but as far as I know, that's totally irrelevant. If a court decides to compel you to lie and say you haven't received a NSL when you have, then they can compel you to sign the canary too. If they opt not to compel speech, then they won't compel a false transparency report. The crypto is window dressing.)
But while on paper it looks to me like the transparency report is probably just as meaningful as the canary, the ham-handed way they've announced it leaves me suspicious.
- thfuran 8y agoI don't think there's any way to change from having a warrant canary to not having the warrant canary, even if your new approach nominally conveys the same information, that isn't rather suspicious.
- qmarchi 8y agoJust to add on, the compelling of speech is made more difficult by the fact that the signing keys were held by people of three different nationalities, in three different countries. The US Government can't force someone to do something if they aren't a US citizen and not on their territory. Their best option is extradition, but that would raise more eyebrows than they'd want.
- peterwwillis 8y agoTheir best option is to simply ask the foreign government to do something to their own citizens on its behalf because they have evidence of some sort of potential criminal activity. Quid pro quo ensues, no extradition needed.
- Doxin 8y agoIsn't the point of the crypto on the warrant canary for the case where your servers get seized?