this post was submitted on 09 May 2024
119 points (85.2% liked)

Privacy

31981 readers
249 users here now

A place to discuss privacy and freedom in the digital world.

Privacy has become a very important issue in modern society, with companies and governments constantly abusing their power, more and more people are waking up to the importance of digital privacy.

In this community everyone is welcome to post links and discuss topics related to privacy.

Some Rules

Related communities

Chat rooms

much thanks to @gary_host_laptop for the logo design :)

founded 5 years ago
MODERATORS
 

By the way, the earlier posted article https://restoreprivacy.com/protonmail-discloses-user-data-leading-to-arrest-in-spain had an update starting at the paragraph with title Update: Statement from Proton and additional commentary

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 45 points 6 months ago (1 children)

As someone who has worked fraud and online investigations, and both written and served search warrants; it is not an option. A probable cause affidavit is presented to a judge and if the judge agrees there is sufficient probable cause, a search warrant is issued. This is an order by the judge and not optional. The judge can hold the company in contempt if they refuse to obey his/her order.

[–] [email protected] 2 points 6 months ago* (last edited 6 months ago) (1 children)

Read the blog by the guy behind cock.li , he refused multiple illegitimate warrants so far.

What matters is the jurisdiction of the service, not the one of the warrant author, otherwise china would have already warranted all data of all other world citizens lol

[–] [email protected] 2 points 6 months ago (1 children)

Proton complies with Swiss law, and has to be channeled through Swiss official channels who rely the request.

So there's jurisdiction.

[–] [email protected] 1 points 6 months ago* (last edited 6 months ago) (1 children)

That is true. But I wasn't debating about this specific case, but rather the generalized statement.

The comment I replied to implies "If there is a warrant, it is always legitimate and you have to follow it, because a lawyer said so". That is not true and if it were the world would quickly go to shit, which I pointed out.

[–] [email protected] 3 points 6 months ago (1 children)

I would say your interpretation was a bit extreme. Nobody implied a warrant from anywhere in the world.

[–] [email protected] 2 points 6 months ago* (last edited 6 months ago)

Again, it doesn't matter where the warrant fomes from. What matters is where it goes to.

And that detail is pretty important, while being completely left out. They say:

it is not an option.

But yes it is, depending on the jurisdiction.