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> I don't think there's a ton of value someone could get out of obtaining a fake subpoena A subpoena can also order the production of documents (in many cases
by schoen 6y ago
> I don't think there's a ton of value someone could get out of obtaining a fake subpoena
A subpoena can also order the production of documents (in many cases including business records about other people, such as log files). That could be pretty consequential if the private information turned over was very sensitive.
When I was working at EFF I filed some comments on an international law enforcement cooperation plan where one thing that bothered me a lot was that, if you formalize the idea that jurisdiction A has to directly enforce orders/process/formal law enforcement requests from jurisdiction B, people in jurisdiction A will have even less idea how to authenticate them, and there will be even less likelihood of a remedy in case of a deliberately fraudulent request. The domestic status quo (as you point out) is typically pretty low authentication, but at least there's a likelihood of some significant punishment for people who commit fraud on a court (judges really dislike that). Now imagine if you could do this without even being in the country where you're committing the fraud! :-(
- bavila 6y agoThat's a good point. I think, generally, a subpoena issued as a request for production of documents would likely be vetted by an attorney; however, I could see how a small business owner (for example) may be likely to accept an official-looking subpoena at face value and seek to comply out of fear without first consulting a lawyer.