5 ms·
No, I am saying that if we receive a "normal" warrant we will log it in the canary in the signed portion. A normal warrant, or a "normal" order for search or s
by rsync 4y ago
No, I am saying that if we receive a "normal" warrant we will log it in the canary in the signed portion.
A normal warrant, or a "normal" order for search or seizure, etc., is not out of bounds in a free society - we will happily comply with such lawful orders which have proper jurisdiction, etc.
We will also log them, publicly, as is our right. It just so happens that as of today we have never received such a warrant or order so the canary contains zero of them.
However, if we receive a NSL or other such "gagged" orders then we will need to consult with our principals and legal counsel, directors, etc. and that takes time.
The canary will surely expire as we perform that due diligence.
See also, below, my characterization of the warrant canary not as a legal hack or nose-thumbing, but as a poison pill provision that we ingested 17 years ago.
- tptacek 4y agoWhat will you do when you receive a sealed warrant? Sealed warrants to service providers in ordinary criminal cases are the common case I was talking about upthread. You will not be allowed by a court to log those orders when you receive them (you'll usually be able to log them when the case goes to trial).
- rsync 4y agoI don't think service of a plain-jane sealed warrant is obstructed or hampered in any way by anything we do, or don't do, with the warrant canary. Therefore it's a very easy call to stop publishing the canary, keep running our business as usual, and then update the canary with the relevant (probably non-personal) details of the warrant we received once the dust has settled. Alternatively, our counsel, along with the jurisdiction involved, might find a satisfactory "we were served with a lawful warrant in blah blah District in Colorado" and nothing else that does not violate the seal. One gigantic advantage (among many) of running a very tightly held, lean business firm with no debt is that you can be patient.
- tptacek 4y agoSo, if I understand it, the plan is that you'll: 1. Receive an ordinary warrant in a criminal case, which will have non-disclosure language. 2. Take the canary down. 3. When, say, 6 months later, the case goes to trial and the warrant is unsealed, you'll put the canary back up, having logged the warrant.
- true_religion 4y agoFrom what I take it, the canary isn’t taken down. They simply do not update it. They can’t be compelled to update it, because that would be compelling them to lie in real time to their customers and the general public. National security can be used to make you stay silent, and cooperate by not hinting at secret material, but it can’t be used to force you to create and stand by a made up story.
- tptacek 4y agoIf they don't take the canary down when they're served a sealed warrant, the canary isn't doing anything. In fact, it's actively misleading users.
- rsync 4y ago"2. Take the canary down." No. The canary either stays up and is freshened every week or it stays up and doesn't get freshened. Removing it is not part of the procedure at any point.