• k_o_t@lemmy.mlM
    link
    fedilink
    arrow-up
    4
    arrow-down
    1
    ·
    3 years ago

    from my understanding it’s a legally binding order that they legally literally can’t appeal

    • poVoq@lemmy.ml
      link
      fedilink
      arrow-up
      4
      arrow-down
      3
      ·
      edit-2
      3 years ago

      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.

      • k_o_t@lemmy.mlM
        link
        fedilink
        arrow-up
        4
        arrow-down
        1
        ·
        3 years ago

        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?

        • poVoq@lemmy.ml
          link
          fedilink
          arrow-up
          3
          ·
          3 years ago

          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.

          • k_o_t@lemmy.mlM
            link
            fedilink
            arrow-up
            3
            arrow-down
            1
            ·
            3 years ago

            hmm, i see your point, maybe we should ask pm themselves at /r/protonmail what would happen in that case 🤔