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0 pointsCrazyPyroLinux2y ago0 comments

this is what "warrant canaries" are for. dont use anyone who doesnt have one

0 comments

There should probably be case law before anyone actually believes in warrant canaries.

'If it's illegal to advertise that you've received a court order of some kind, it's illegal to intentionally and knowingly take any action that has the effect of advertising the receipt of that order. A judge can't force you to do anything, but every lawyer I've spoken to has indicated that having a "canary" you remove or choose not to update would likely have the same legal consequences as simply posting something that explicitly says you've received something. If any lawyers have a different legal interpretation, I'd love to hear it.' --Moxie Marlinspike

powersnail2y ago

What happens when someone asks you whether you have received a court order of some kind? Are you compelled by court to lie about it?

TheRealPomax2y ago

Why would someone have to lie? They can just say "We can't comment on that" without providing an answer. And then customers can go "sounds pretty suspicious, time to switch VPN services".

1 more reply

Jerrrry2y ago

"We must comply with legal subpoenas in the jurisdiction in which we operate,"

NegativeK2y ago

I'd hire a lawyer that knows how to deal with them and knows how to say no comment.

I've always felt that the warrant canary is a nerd's gotcha designed to get out of a sketchy legal process (NSLs) and that judges would be very unsympathetic. But IANAL.

1 more reply

Terretta2y ago

> This is what "warrant canaries" are for. dont use anyone who doesnt have one

What if they have one like this quarterly canary at privacy-forward "write.as" last updated 9 months ago?

    It should be noted with significance if this message 
    fails to be updated on a quarterly basis.
    
    2023-01-05 21:06:06 UTC
    
    No warrants have ever been served to Write.as, or 
    Write.as principals or employees.

https://write.as/privacy --> https://write.as/canary.txt

yencabulator2y ago

That means they're either asleep at the wheel or have already been served a warrant.

Jerrrry2y ago

Literal security theatre.

j / k navigate · click thread line to collapse

0 comments

NegativeK2y ago

There should probably be case law before anyone actually believes in warrant canaries.

powersnail2y ago

What happens when someone asks you whether you have received a court order of some kind? Are you compelled by court to lie about it?

TheRealPomax2y ago

Why would someone have to lie? They can just say "We can't comment on that" without providing an answer. And then customers can go "sounds pretty suspicious, time to switch VPN services".

1 more reply

Jerrrry2y ago

"We must comply with legal subpoenas in the jurisdiction in which we operate,"

NegativeK2y ago

I'd hire a lawyer that knows how to deal with them and knows how to say no comment.

I've always felt that the warrant canary is a nerd's gotcha designed to get out of a sketchy legal process (NSLs) and that judges would be very unsympathetic. But IANAL.

1 more reply

Terretta2y ago

> This is what "warrant canaries" are for. dont use anyone who doesnt have one

What if they have one like this quarterly canary at privacy-forward "write.as" last updated 9 months ago?

    It should be noted with significance if this message 
    fails to be updated on a quarterly basis.
    
    2023-01-05 21:06:06 UTC
    
    No warrants have ever been served to Write.as, or 
    Write.as principals or employees.

https://write.as/privacy --> https://write.as/canary.txt

yencabulator2y ago

That means they're either asleep at the wheel or have already been served a warrant.

Jerrrry2y ago

Literal security theatre.

j / k navigate · click thread line to collapse