“So @ProtonMail received a legal request from Europol through Swiss authorities to provide information about Youth for Climate action in Paris, they provided the IP address and information on the type of device used to the police https://t.co/KtKF4wn3wv”
from their comment on reddit, it seems there wasn’t much they could do
In this case, Proton received a legally binding order from the Swiss Federal Department of Justice which we are obligated to comply with. There was no possibility to appeal or fight this particular request because an act contrary to Swiss law did in fact take place (and this was also the final determination of the Federal Department of Justice which does a legal review of each case).
Clearly state the difference between ProtonMail and ProtonVPN differences in the kinds of data that are being collected. The issue is not compliance, the issue is that they’d provide enough data for it to be useful, defeating the purpose of their privacy marketing.
Try a little harder at least. Just the surrounding publicity even for a lost court-case would have been a net benefit.
Their explanation sound like “we couldn’t do anything against this legal over-reach because the entity that did the legal over-reach said that it was all legal and fine”, which when you think about it longer than 3 seconds is true for each and every case where the authorities request something. An internal “review” by a biased party involved in one side is not the same as a real test in court.
Yes that is what they claim, but in most jurisdictions there is no such thing as an unappealable order (only after it has been already once dismissed in court can the judge rule-out further appeals) and there usually is some official legal recourse despite what the authorities like to claim in their own self-interest.
If there was a similar precedence case, which would have made chances in court extremely low, then they could have said so. But they basically admit by omission that they didn’t even try.
it’s not helpful to compare to the way this works in the rest of the world, because it doesn’t determine what’s exactly true in this case; I’m not an expert on swiss law by any means (lol), but I suspect that protonmail does have a lawyer proficient in swiss law, probably more than one, and i really doubt that what they tell is a lie
if we are operating off of the assumption that they are bad guys only interested in money (which i personally don’t think is the case), they would very much care about pr, and to not fight the case and then lie about it is pretty much the worst pr they think of
and if even if they did this foolish move, wouldn’t there be at least a few people who understand swiss law who would point out that this is a lie?
I didn’t say it is blatant lie, but probably one by omission. There probably really isn’t a strait-forward way to appeal it (legal authorities like to do that in cases they know they would get a lot of appeals otherwise), but what do you think would have happened if they had not complied? Usually that then forces a court case, during which they can lay out their reasons why they think this was legal over-reach on the side of the Swiss authorities and a judge would be forced to make a ruling on that.
No they didn’t actually, they turned over the SSL keys in a printed document which would give them access to all users’ data, but the FBI complained that they would have to input it all by hand which could lead to errors and re trials so they forced him to provide with a digital copy, after which he got fined and then decided to close the service.
The CEO of ProtonMail previously: https://threatpost.com/protonvpn-ceo-blasts-apple-myanmar/165022, and https://protonmail.com/blog/protesters-free-speech is pretty hypocritical now, but you can spot a pattern, that he only opposes the systems and governments the West opposes too. In that way, I consider him to be nothing more, than the willing tool of propaganda, for his own enrichement.
from their comment on reddit, it seems there wasn’t much they could do
what did you expect them to do?
Clearly state the difference between ProtonMail and ProtonVPN differences in the kinds of data that are being collected. The issue is not compliance, the issue is that they’d provide enough data for it to be useful, defeating the purpose of their privacy marketing.
Try a little harder at least. Just the surrounding publicity even for a lost court-case would have been a net benefit.
Their explanation sound like “we couldn’t do anything against this legal over-reach because the entity that did the legal over-reach said that it was all legal and fine”, which when you think about it longer than 3 seconds is true for each and every case where the authorities request something. An internal “review” by a biased party involved in one side is not the same as a real test in court.
from my understanding it’s a legally binding order that they legally literally can’t appeal
Yes that is what they claim, but in most jurisdictions there is no such thing as an unappealable order (only after it has been already once dismissed in court can the judge rule-out further appeals) and there usually is some official legal recourse despite what the authorities like to claim in their own self-interest.
If there was a similar precedence case, which would have made chances in court extremely low, then they could have said so. But they basically admit by omission that they didn’t even try.
it’s not helpful to compare to the way this works in the rest of the world, because it doesn’t determine what’s exactly true in this case; I’m not an expert on swiss law by any means (lol), but I suspect that protonmail does have a lawyer proficient in swiss law, probably more than one, and i really doubt that what they tell is a lie
if we are operating off of the assumption that they are bad guys only interested in money (which i personally don’t think is the case), they would very much care about pr, and to not fight the case and then lie about it is pretty much the worst pr they think of
and if even if they did this foolish move, wouldn’t there be at least a few people who understand swiss law who would point out that this is a lie?
I didn’t say it is blatant lie, but probably one by omission. There probably really isn’t a strait-forward way to appeal it (legal authorities like to do that in cases they know they would get a lot of appeals otherwise), but what do you think would have happened if they had not complied? Usually that then forces a court case, during which they can lay out their reasons why they think this was legal over-reach on the side of the Swiss authorities and a judge would be forced to make a ruling on that.
hmm, i see your point, maybe we should ask pm themselves at /r/protonmail what would happen in that case 🤔
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https://www.techdirt.com/articles/20131002/17443624734/lavabit-tried-giving-feds-its-ssl-key-11-pages-4-point-type-feds-complained-that-it-was-illegible.shtml
No they didn’t actually, they turned over the SSL keys in a printed document which would give them access to all users’ data, but the FBI complained that they would have to input it all by hand which could lead to errors and re trials so they forced him to provide with a digital copy, after which he got fined and then decided to close the service.
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Did you ever attempt to host an email server for activists?
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He’s a business man trying to run a business, while also following the law. The line will always be drawn at keeping the business going.