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[liberationtech] Naive Question

LISTS lists at robertwgehl.org
Mon Sep 9 13:26:46 PDT 2013


What are the legal precedents in terms of "wink, wink, nudge, nudge,
djaknowhatimean?"

- Rob Gehl

On 09/09/2013 02:24 PM, Shava Nerad wrote:
> You are awesome,clever, and full of tricks. :)  Should I credit you
> with this?
>
> yrs,
>
>
> On Mon, Sep 9, 2013 at 3:40 PM, Case Black <caseblack at gmail.com
> <mailto:caseblack at gmail.com>> wrote:
>
>     There's a more subtle variant to this idea...
>
>     Regularly state ("put up a sign") that you HAVE in fact received
>     an NSL...with the public understanding that it must be a lie
>     (there's no law against falsely making such a claim...yet!).
>
>     When actually served with an NSL, you would now be bound by law to
>     remove any such notification...thereby signaling the event.
>
>     Regards,
>     Case
>
>
>     On Mon, Sep 9, 2013 at 1:24 PM, LISTS <lists at robertwgehl.org
>     <mailto:lists at robertwgehl.org>> wrote:
>
>         I wonder if there's a false analogy here. Hypothetically, the
>         librarian's sign could fall down (maybe the wind blew it over)
>         whereas a
>         notice on a site would have to be removed via coding. There
>         would be
>         little other explanation, even in the case where one does not
>         affirmatively renew the "dead man's notice" (the countdown
>         that Doctorow
>         suggests in the article). Such an affirmative act might lead a
>         court to
>         believe that one has indeed informed the public about an NSL.
>
>         - Rob Gehl
>
>
>         On 09/09/2013 12:18 PM, Dan Staples wrote:
>         > Presumably, if this type of approach became widely adopted,
>         it would be
>         > a useful service for an independent group to monitor the
>         status of these
>         > notices and periodically publish a report of which companies
>         had removed
>         > their notice.
>         >
>         > On 09/09/2013 12:52 PM, Scott Arciszewski wrote:
>         >> Forgot the URL:
>         >>
>         http://www.theguardian.com/technology/2013/sep/09/nsa-sabotage-dead-mans-switch
>         >>
>         >>
>         >> On Mon, Sep 9, 2013 at 12:29 PM, Scott Arciszewski
>         >> <kobrasrealm at gmail.com <mailto:kobrasrealm at gmail.com>
>         <mailto:kobrasrealm at gmail.com <mailto:kobrasrealm at gmail.com>>>
>         wrote:
>         >>
>         >>     Hello,
>         >>
>         >>     I saw this article on The Guardian[1] and it mentioned
>         a librarian
>         >>     who posted a sign that looked like this:
>         >>     http://www.librarian.net/pics/antipat4.gif and would
>         remove it if
>         >>     visited by the FBI. So a naive question comes to mind:
>         If I operated
>         >>     an internet service, and I posted a thing that says "We
>         have not
>         >>     received a request to spy on our users. Watch closely
>         for the
>         >>     removal of this text," what legal risk would be incurred?
>         >>
>         >>     If the answer is "None" or "Very little", what's
>         stopping people
>         >>     from doing this?
>         >>
>         >>     Thanks,
>         >>     Scott
>         >>
>         >>
>         >>
>         >>
>
>         --
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>
>
>     --
>     Liberationtech is a public list whose archives are searchable on
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>
>
>
> -- 
>
> Shava Nerad
> shava23 at gmail.com <mailto:shava23 at gmail.com>
>
>

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