4 ms·

It was a signed request by a prosecutor after having been quizzed about what data they could get. I would never freely hand over such data.

by adevx 5y ago

rhizome 5y ago
Are you sure "a signed request by a prosecutor" was enough to require you to hand over the data?
cyphertruck 5y ago
That's not a warrant signed by a judge. I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds like a violation of 18 U.S. Code § 242. Deprivation of rights under color of law - https://www.law.cornell.edu/uscode/text/18/242 https://www.law.cornell.edu/uscode/text/18/242 and 18 U.S. Code § 241. Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 https://www.law.cornell.edu/uscode/text/18/241
- dragonwriter 5y ago
  > I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds something like a subpoena, not a request; these are (in many systems) issued and signed by attorneys, not judges. Now, if there is a legal argument that the material is not subject to subpoena, in the US a motion to quash is available, and something similar may be available in other systems, but they aren’t mere requests, they are obligatory unless successfully quashed.
- zinekeller 5y ago
  Dutch (public) prosecutor, which in Dutch law do have the force of law.
quesera 5y ago
Some prosecutors will charm you into cooperation. A request by a prosecutor is an informal request. A search warrant signed by a judge is a formal demand. Your corporate data policy will dictate whether you can share customer information without a search warrant or a subpoena.
xenocyon 5y ago
Was it mandatory to comply with such a request? I was under the impression that mandatory court orders need to be signed by a judge (not a prosecutor).
- throwawayboise 5y ago
  Many companies will comply with a police investigation, warrant or not. You can't reply on third parties demanding a warrant before they release your information to someone with a badge.
- adevx 5y ago
  The request was signed by a Dutch prosecutor (Officier van Justitie) In the Netherlands, not complying can result in a jail sentence with a maximum of 3 months [1]. I do believe this request was pushing the legal boundaries as the law describes the request should be as specific and narrow as possible [0]. (with "as possible" being a rather big loophole) (Dutch) [0] https://maxius.nl/wetboek-van-strafvordering/artikel126nd https://maxius.nl/wetboek-van-strafvordering/artikel126nd [1] https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:text=Hij%20die%20opzettelijk%20niet%20voldoet,hij%20die%20opzettelijk%20enige%20handeling%2C https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:...
  - craftinator 5y ago
    Ah, I think a lot of the people questioning your choice to hand over the data are US based, where a warrant signed by a judge is legally binding, but a letter from a prosecutor has no such power.
deleted 5y ago
[deleted]

It was a signed request by a prosecutor after having been quizzed about what data they could get. I would never freely hand over such data.

by adevx 5y ago

It was a signed request by a prosecutor after having been quizzed about what data they could get. I would never freely hand over such data.

rhizome 5y ago

Are you sure "a signed request by a prosecutor" was enough to require you to hand over the data?

cyphertruck 5y ago

That's not a warrant signed by a judge. I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds like a violation of 18 U.S. Code § 242. Deprivation of rights under color of law - https://www.law.cornell.edu/uscode/text/18/242 https://www.law.cornell.edu/uscode/text/18/242 and 18 U.S. Code § 241. Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241 https://www.law.cornell.edu/uscode/text/18/241

dragonwriter 5y ago
> I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it? Sounds something like a subpoena, not a request; these are (in many systems) issued and signed by attorneys, not judges. Now, if there is a legal argument that the material is not subject to subpoena, in the US a motion to quash is available, and something similar may be available in other systems, but they aren’t mere requests, they are obligatory unless successfully quashed.
zinekeller 5y ago
Dutch (public) prosecutor, which in Dutch law do have the force of law.

quesera 5y ago

Some prosecutors will charm you into cooperation. A request by a prosecutor is an informal request. A search warrant signed by a judge is a formal demand. Your corporate data policy will dictate whether you can share customer information without a search warrant or a subpoena.

xenocyon 5y ago

Was it mandatory to comply with such a request? I was under the impression that mandatory court orders need to be signed by a judge (not a prosecutor).

throwawayboise 5y ago
Many companies will comply with a police investigation, warrant or not. You can't reply on third parties demanding a warrant before they release your information to someone with a badge.
adevx 5y ago
The request was signed by a Dutch prosecutor (Officier van Justitie) In the Netherlands, not complying can result in a jail sentence with a maximum of 3 months [1]. I do believe this request was pushing the legal boundaries as the law describes the request should be as specific and narrow as possible [0]. (with "as possible" being a rather big loophole) (Dutch) [0] https://maxius.nl/wetboek-van-strafvordering/artikel126nd https://maxius.nl/wetboek-van-strafvordering/artikel126nd [1] https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:text=Hij%20die%20opzettelijk%20niet%20voldoet,hij%20die%20opzettelijk%20enige%20handeling%2C https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:...
- craftinator 5y ago
  Ah, I think a lot of the people questioning your choice to hand over the data are US based, where a warrant signed by a judge is legally binding, but a letter from a prosecutor has no such power.

deleted 5y ago

[deleted]