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The "judge is not impressed" means they would probably view it as the same as just warning the public directly, with equivalent penalties. And thus the canary
by IvyMike 13y ago
The "judge is not impressed" means they would probably view it as the same as just warning the public directly, with equivalent penalties.
And thus the canary is legally useless--if you're going to have the penalties of violating a national security order, might as well just do it in a straightforward manner.
- jlgreco 13y agoAt this point, it is speculation that the judge would not be impressed. If anyone decided to test the theory, the public would be informed regardless.
- jongraehl 13y agoI agree, but your analysis is missing something: the canary-threatener may be secretly, without a public ruling, within the refresh interval, be convinced that if he doesn't keep updating (falsely) the canary, he'll go to jail. In other words, the precommitment to stop producing the canary signal isn't fully credible (though it seems much more likely to get the message out than a promise to actively say if something happens).
- patrickmay 13y agoThe technical solution to that social problem (yeah, we know how well those work) is to set the refresh interval to be less than the time required to process a motion contesting the government's order to update the canary.