Comment by votepaunchy
4 months ago
Warrant canaries depend on action, the removal or altering of the canary document. It’s too clever but no more clever than what Israel is requiring here.
4 months ago
Warrant canaries depend on action, the removal or altering of the canary document. It’s too clever but no more clever than what Israel is requiring here.
the canary notification method is a lack of updates, not a specific update.
you update your canary to say that nothing has changed, at a known cadence.
if you ever dont make the update, readers know that the canary has expired, and so you have been served a gag order warrant.
changing or removing the canary in response to a warrant is illegal. not changing it is legal.
for an equivalent cloudwatch setup, its checking the flag for "alarm when there's no points"
Yes, the equivalent of a warning canary would be that Google pays the Israeli government a set of payment every month such as 3100 shekels (for +31, NL) and then suddenly November 2025 they stop issuing it. That would mean there's a legal investigation targeting Google by the Dutch prosecutor (OM) involving Israeli data.
I suspect they didn't go for this route as it is too slow.
I would think to stopping doing something is equally an action as to do something, in regards to warrant canaries and gag orders. You had to take make some change to your process, or if automated take an actual action to disable. In either case, there was a cognizant choice that was made
The legal theory is that in the US the first amendment prevents the government from forcing you to make a false update. I don’t know if it’s ever been tested.
As I understand, this theory wouldn’t even hold up in other countries where you could be compelled to make such a false update.
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Yes but the theory, at least in the US, is that the government cannot compel you to say something. That is, they can't make you put up a notice.
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And this would be why warrant canaries aren't seen as a proven legal shield yet.
>Warrant canaries depend on action, the removal or altering of the canary document.
No, they can simply not publish a warrant canary in the future, which will tip people off if they've been publishing it regularly in the past.
Right - the whole premise is that the government cannot compel speech (in the US). So if you publish something every week that says, “we’ve never been subpoenaed as of this week” and then receive a subpoena, the government can’t force you to lie and publish the same note afterwards. The lack of it being published is the canary here.
Whether you can be compelled to lie under these circumstances or not is not a resolved question of law. Although it seems fairly likely that compelling speech in this way is unconstitutional, if it has been tested in court, the proceedings are not public.
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