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RE: Cryptome: NSA has real-time access to Hushmail servers

from [Thor (Hammer of God)] Network Security [Permanent Link]
Subject: RE: Cryptome: NSA has real-time access to Hushmail servers
Date: Thu, 27 Dec 2007 11:18:57 -0800 
One would be required not to disclose the fact that you were served a
letter or what records you were "asked" to disclose.  Apparently, the
language of the letter is worded to make one think that cooperation is
legally required, though it looks like it is voluntary.  And even
"required" is dubious... According to the ACLU, the "gag order" portion
of the NSL provision of the Patriot Act was found to be unconstitutional
on two occasions.  

But no, you couldn't be legally required to "lie."  Had Guardster
received such a letter, and they decided to comply, they would most
likely have not responded at all rather than make a public statement to
the contrary...

t


-----Original Message-----
From: Steve Shockley [mailto:steve.shockley@shockley.net]
Sent: Thursday, December 27, 2007 10:11 AM
To: bugtraq@securityfocus.com
Subject: Re: Cryptome: NSA has real-time access to Hushmail servers

Valdis.Kletnieks@vt.edu wrote:

Note that if they had been served with an NSL (National Security

Letter),

they may be legally *required* to lie about it while cooperating.

Actually

truthfully saying "Yeah, an NSL showed up and we complied" could

land

them

in jail....


Requred to lie, or just required to not disclose the cooperation?
[More messages with this same subject...]




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