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[liberationtech] Naive Question

Shava Nerad shava23 at
Thu Sep 12 12:31:35 PDT 2013

Or if for example, they shut down their business, they could pursue them
with charges.  (*cough* Lavabit *cough*).


On Thu, Sep 12, 2013 at 10:11 AM, R. Jason Cronk <rjc at>wrote:

>  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:
> 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* <>
> * phone: (828) 4RJCESQ * twitter: * blog:
> Version: GnuPG v1.4.12 (GNU/Linux)
> Comment: Using GnuPG with Thunderbird -
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> =nwpH
>  *R. Jason Cronk, Esq., CIPP/US*
> *Privacy Engineering Consultant*, *Enterprivacy Consulting Group*<>
>    - phone: (828) 4RJCESQ
>    - twitter:
>    - blog:
> --
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Shava Nerad
shava23 at
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