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Worse, Lavabit does get clear text emails when they are received. They encrypted them later. The amount of time later is legally irrelevant because they are no
by anologwintermut 13y ago
Worse, Lavabit does get clear text emails when they are received. They encrypted them later. The amount of time later is legally irrelevant because they are now in possession of the data and can be made to hand it over.
- magicalist 13y agoThe only way for that not to be the case is if the sender encrypted it before sending it, at which point you don't need Lavabit anyways.
- alextingle 13y agoBut they are not in a position to hand over communications received prior to the court order. That's the whole point of encrypting received e-mails.
- anologwintermut 13y agoThis is an important distinction, though not iron clad. Lavabit could in theory be ordered to retain records for x days in general. More importantly, though it's obvious to anyone who thinks about how "encrypted" mail works, many people(possibly including Lavabit's founder ... it appears he asserted to the fed's he couldn't give them envelope information) assumed encrypted meant nothing can be handed over ever, even with a court order.
- deleted 13y ago[deleted]
- makomk 13y agoActually, that's not entirely true. Due to a quirk of US law, e-mail in transit has more legal protection than e-mail at rest.