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I 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
by rsync 4y ago
I 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.