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[liberationtech] Naive Question

R. Jason Cronk rjc at privacymaverick.com
Thu Sep 12 07:11:24 PDT 2013


I think if they resigned in a publicly protesting way, then possibly 
they could be on the hook. In other words, if they resigned and said 
"I'm resigning but I *CAN'T* tell you why" then that could arguably be a 
signal. However, if they just resigned and weren't ostentatious about it 
then it probable wouldn't be an issue.  I really doubt the Lavabit 
founder will be prosecuted and if so, it would be an extremely difficult 
case for the government to make, not to mention a continuing public 
relations nightmare. I'm just saying the prosecutor in the case was 
pissed and he made insinuations that closing down Lavabit was tantamount 
to defying the court ordered gag.

Jason Cronk


On 9/12/2013 9:38 AM, Jon Camfield wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> On Wednesday, September 11, 2013 05:52 PM, R. Jason Cronk wrote:
>> Anything which potentially signaled your receipt of an NSL would
>> be grounds for prosecution under the gag-order. This is what the
>> prosecutor was alluding to when he signaled that Lavabit's shut
>> down was tantamount to a violation because his shut down
>> essentially communicated the fact that he was under a court order
>> to do something which he couldn't talk about.
> For large companies, I wonder how resignations would count in this?
> Could an NSL require, say, the lead cryptographer of an org to /not/
> resign?
>
>> Making your service secure such that you can't be forced to do this
>> sort of thing (or such that it would be obvious, say open in
>> reviewing your open source code) would be the only way to go.
>>
>> *R. Jason Cronk, Esq., CIPP/US* /Privacy Engineering Consultant/,
>> *Enterprivacy Consulting Group* <enterprivacy.com>
>>
>> * phone: (828) 4RJCESQ * twitter: @privacymaverick.com * blog:
>> http://blog.privacymaverick.com
>>
>>
>>
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*R. Jason Cronk, Esq., CIPP/US*
/Privacy Engineering Consultant/, *Enterprivacy Consulting Group* 
<enterprivacy.com>

  * phone: (828) 4RJCESQ
  * twitter: @privacymaverick.com
  * blog: http://blog.privacymaverick.com

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