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Lavabit.com Owner: 'I Could Be Arrested' For Resisting Surveillance Order

Zak3056 writes "NBC News is reporting that 'The owner of an encrypted email service used by ex-NSA contractor Edward Snowden said he has been threatened with criminal charges for refusing to comply with a secret surveillance order to turn over information about his customers. "I could be arrested for this action," Ladar Levison told NBC News about his decision to shut down his company, Lavabit LLC, in protest over a secret court order he had received from a federal court that is overseeing the investigation into Snowden.''"

34 of 255 comments (clear)

  1. Just comply with the court order by Anonymous Coward · · Score: 5, Funny

    There's no point to be made from not complying with a legitimate court order. Just comply with it. One day you could be very thankful that we have a legal system that was created to protect us. Please respect that and our fellow citizens.

    1. Re:Just comply with the court order by Anonymous Coward · · Score: 5, Insightful

      Is it a legitimate Court Order? You presume something that is not assured to be in evidence. I strongly sugeest that you read the Fourth Amendment before any further remarks- just because the Government is doing something doesn't make it legal.

    2. Re:Just comply with the court order by s0litaire · · Score: 4, Insightful

      Depends on what the Court order was for.

      If it was for specific conversation between specific address at a specific date/time then It's reasonable to comply.
      But if it was for Everything since the service started or between 2 dates (i.e. 1st Jan 2011 to 31 Dec 2012) or from that point onwards, then it's a fishing expedition and its reasonable NOT to comply without further legal council and possible injunction (if that's possible with this kind of court order!)

      --
      Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    3. Re:Just comply with the court order by fustakrakich · · Score: 5, Insightful

      The word 'legal' has become entirely frivolous. The government can do what it wants, and no goddamn piece of paper is ever going to stop it.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:Just comply with the court order by Opportunist · · Score: 4, Insightful

      C'mon, make up your mind. Respect the court or the fellow citizens, you can't have both.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Just comply with the court order by fermion · · Score: 5, Insightful
      This is the rub. Ideally one should be able to comply with a court order and then get one's day in a public court, as most would guaranteed by the constitution, or refuse to comply and get one's day in court. This is the basis of the system of government in the US. Three equal branches of government, executive, legislative, and judicial. These branches of government are not there to fight amongst each other in isolation, but to be used by the people to make sure their concerns are dealt with. Notice I said dealt with, not just heard. Now, in a country of 300 million people not everyone can be dealt with, but it can be at least in the aggregate.

      Unfortunately the legislative branch has systematically reduced the effectiveness of the judicial branch. I am talking tort reform. I am talking about threatening activist judges. I am talking about secret court order and secret courts. Without an equal court system democracy just does not work and things like this happen. Manning and Snoden and all these leaks are due to the lack of due process. If Manning had not been isolated and tortured, it would not nearly be the black eye on the US, and Snoden likely would not be in Russia.

      The courts provide an alternative to extreme and violent acts. Let's say that a child that is killed by a defective Ikea bed. The parents can go to court, have the company be publicly held responsible for the death, and, outside of tort reform, receive a judgement that will encourage the company to do better in the future. Or the parents could just go to location where they bought the bed and justifiably kill the person who sold them the bed, or go to corporate and justifiably kill the executives who profited from the bed, etc. Which one actually leads to a safer world?

      So really the problem is that some powerful people are upset because the courts do not allow them to sufficiently oppress the people or murder customers, so the want to reduce our government to the two branches that can effectively be bribed to engage in unnecessary and illegal activities, like spying on US citizens, which invariable requires massive purchases of inflated sales and products which invariably increases the profits of those companies. A classic example in the war in Iraq, which was facilitated by the purchase of an election by those who wanted Dick Cheney in the executive, and the subsequent transfer of taxpayer treasure directly to those who bought him.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:Just comply with the court order by s0litaire · · Score: 3, Interesting

      If it was for 10,000 for specific conversation between specific address at a specific date/time then It's reasonable to comply.

      But bureaucracy is not as fluid as you might imagine! Their is a reason places like the NSA and CIA go for specific or blanket warrants / Court orders rather than mass individual ones.

      Partly because they don't KNOW who to target apart from a few isolated people already on their radar, unless they go for John Doe #1 all the way to John Doe #10,000 which would cause another 10,000 or so new court orders required once they get the actual names, then you'd be correct in thinking that Civil Liberties groups / EFF and other like mined organisations would have a field day tying them up in red tape, challenging each and every individual order.

      Oh and i think Judges are beginning to hate mass John Doe#1 to # Court Orders anyway because of their over use by Copyright Trolls to gather User information from IP addresses.

      --
      Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    7. Re:Just comply with the court order by osu-neko · · Score: 3, Funny

      I didn't go there. Too young I guess. I do remember when you could be arrested for refusing to spy on your fellow citizens in the Soviet Union when asked, so that's where my mind went. There's a difference, of course. That was the KGB, this is the NSA. Not a single letter in common...

      --
      "Convictions are more dangerous enemies of truth than lies."
  2. obama = a more palatable cheney by jsepeta · · Score: 4, Insightful

    simply the act of using encryption will make you a government suspect.

    --
    Remember kids, if you're not paying for the service, YOU ARE THE PRODUCT THAT IS BEING SOLD.
  3. welcome... by wbr1 · · Score: 3, Funny

    Welcome my son, welcome to the machine.

    --
    Silence is a state of mime.
  4. They Thought They Were Free by amoeba1911 · · Score: 5, Insightful

    "What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could understand it, it could not be released because of national security."

    But Then It Was Too Late

    1. Re:They Thought They Were Free by Opportunist · · Score: 4, Interesting

      Anyone in security will go "duh" when you tell him of the mutual exclusivity of security and freedom. Oddly, people seem to want to have their cake and eat it too, and pretend that it is somehow possible.

      Personally, I'd prefer freedom. That entails responsibility, and the chance to be harmed. By definition. When I am allowed to do what I want, there is a chance that I will do something that is harmful to me. People tend to do things that are against their best interest all the time, because it is convenient, because it is fun or because it gives them pleasure. From fatty food to cigarettes to alcohol to other drugs, from veggin' away on the couch in front of the idiot box to pushing themselves into a burnout syndrome. If allowed, people will make "wrong" decisions, all the time, every day, throughout their lives.

      But that is their RIGHT. Of course, they waive the right to complain about it. So I really don't get the smokers that have the audacity to sue if they get sick from smoking. Hell, I was a heavy smoker, and I knew bloody well that it is unhealthy and likely deadly. I accepted that risk because I enjoyed it. Suck it up and deal with it, you bought the good, you got the bad for free on top of it. That's what freedom is about, you have to make a decision and you, and you alone, will bear the fallout if it is the wrong decision.

      Isn't that what Americans want? The freedom to choose?

      The freedom to choose whether they want health insurance and what kind thereof caused a big shitstorm, with the whole mess being labeled "Obamacare". No problem there. But if you decided against it and you're having cancer, shut up and die. Don't come and beg me to save you.

      But that's the point I don't get. The very same people that demand that "the man" stays out of their "business" are calling the loudest to "do something" against those terrrrrists and applaud every kind of action the government takes to rob more of our liberties.

      What the hell is wrong with American people?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:They Thought They Were Free by Anonymous Coward · · Score: 5, Insightful

      I think Samuel Adams was writing about you:

      “If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”

  5. Re:Federal prison by amoeba1911 · · Score: 5, Informative

    No, staying in public eye will do nothing. Despite all the brainwashing by the media, the majority of American public feels Snowden is a whistle-blower, not a traitor. Yet the government still pursues him as a traitor. There is a huge disconnect between government and people. The government no longer does what's best for the people, the government does what's best for the government at the cost of people. Revealing that the government does unethical things that harm the governed is considered treason. Eventually, speaking out against your government will become a crime as well.

  6. Inevitable consequence of unfettered capitalism. by Joining+Yet+Again · · Score: 5, Interesting

    Capitalism promotes competitive, selfish activity.

    Eventually, the winners realise that they can corrupt the system of government too. By hook or crook - psychology or guns.

    The only effective society is one which overtly and deliberately puts a cap on power, both of the government and of private individuals, allowing enterprise to flourish while ensuring that the individuals who have benefitted contribute toward a strong infrastructure and humane society.

    This is a social democracy.

    The USSR sucked. The USA sucks. They were the same thing but with "apparatchik" instead of "management" to label the guys running the show. Life under either is glorious for those at the top, and a shitty struggle for the average person.

  7. Why a SECRET order anyway? by Somebody+Is+Using+My · · Score: 4, Insightful

    Why is the government bothering with secret court orders at this point? Do they think that maybe Snowden isn't aware that they are out to get him? If the government was above board with the situation, then perhaps people would be more willing to comply. Is there something in these orders that needs to be hidden from the public eye?

    Just issue a regular warrant for the information. Nobody is arguing about those and they get the same results.

    Unless there is more to this than is apparent.

    (Although, cynical as I am, my first take on this article was not "Evil Government" but "Lavabit's Founders Are Trying To Drum Up Sympathy And Publicity For Their Next Venture". I just can't trust anyone these days ;-)

    1. Re:Why a SECRET order anyway? by Anonymous Coward · · Score: 5, Insightful

      Because a real court order, You can fight. You can enlist help, a professional lawyer or even contact others in the same situation and try to fight it together, not alone -- divide et impera rings any bells? You can inform the public about the proceedings and the scope of the court order, the information required by the law, or rather what data was leaked to the secret services. A non-secret court allows for scrutiny, compliance with constitution, law and last and also least, morality. You can check it for corruption. An open court is less likely to be taking sides. And so on and so on, You know, things that a rising dictature is not really keen on.

  8. See: ISP owner who fought letter before by hazeii · · Score: 5, Informative

    Nicholas Merrill fought this battle before.

    His talk at 27C3 is very, very interesting and deserves to be more widely known. In particular, watch and listen to his explanations of how carefully he has to choose his words - right down to using "it" for the government person he has to deal with (since giving away "its" gendor could get him 10 years in jail).

    --
    All your ghosts are just false positives.
  9. Re:So who is really in power in the United States? by fustakrakich · · Score: 5, Insightful

    Who is, then, in power of the United States if clearly not the legislative branch?

    The business branch. The Department of State works for the arms merchants, and the Commerce Department for the Wall Street commodities markets.

    --
    “He’s not deformed, he’s just drunk!”
  10. Welcome to the USSA by FuzzNugget · · Score: 5, Insightful

    What a difference a mere few decades makes. This is exactly the type of thing that America historically mocked, derided and demonized the USSR and other "commie" or "evil" nations for doing. America is quite clearly demonstrating that their intentions are no less disingenuous.

    The problem is not communism, not capitalism nor any other -ism. The problem is that the powerful will never satiate their craving for more power. Power absolutely despises being proven wrong and it will continue its scourge at all costs to cover up and misdirect conceptions.

    This is what evil does when it's backed into a corner.

  11. Re:Federal prison by voodoo+cheesecake · · Score: 5, Insightful

    FTFA, he has raised $90,000 in the past few days. That seems to have helped. He has brought attention to legal conflicts that people should be talking about - that will help in a broader sense. It seems like you have given up any notion of progress. It's people who stand up and put things to the test who make a difference - no matter how big or small. If he goes to the joint over it, that's his choice. This media attention IMHO will be of benefit that could have the feds go easier on him because he's not just some unknown guy getting black bagged in an alley and stuffed into a room with no windows - blah, blah, blah.

  12. Re:So who is really in power in the United States? by bill_mcgonigle · · Score: 3, Insightful

    Politics is the entertainment branch of industry. -Frank Zappa

    (often misquoted: "Politics is the entertainment branch of the military-industrial complex" to good effect).

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  13. "Terrorism has hit every free state" by dutchwhizzman · · Score: 3, Insightful

    Terrorism is nothing new. People have died from violent acts of insurgents since the beginning of history. The fact is, that terrorism is statistically insignificant as a cause of death. It has always been that way and it hasn't changed much. The leading cause of death "related to terrorism" is trying to fight it. Thousands of soldiers and civilians have gotten hurt and killed in "the war on terrorism" in situations that would not have occurred if this "war" hadn't been fought.

    The leading cause of loss of freedom is fighting terrorism. There is no war. Stop calling it a war. There are clear definitions of what a war is and it has to be between two or more countries, or it has to be a "civil war" in which two or more parts of the same country go to war amongst themselves. Terrorism is nothing new and you're feeding it by giving it the attention it's after. The terrorists achieve more of their goals by this "war on terrorism" than they would if they were to be successful just a bit more often than they are now and we would ignore them. You can't fight this sort of terrorism anyway, since it's using every "freedom right" we want so much for ourselves, which our forefathers fought for so hard. If we give up those rights, we have nothing left to fight for and the terrorists have won.

    The more you fight terrorism, the worse the situation gets. Let it go and enjoy your freedom. Don't spend money, lives and freedom on it. I'm not saying you should stop trying to prevent attacks, but you should stop giving up freedom and privacy for it.

    --
    I was promised a flying car. Where is my flying car?
  14. No NO NO! by Anonymous Coward · · Score: 5, Informative

    That's simply not how it works.

    The Root CA creates a self-signed certificate. This is the 'axiom of trust', you have to import this and trust it.

    Then there are subsidiary certificates are that are SIGNED by the Root CA.
    What this means is the Root CA attests that the public key in the
    certificate truly belongs to the Entity named in the certificate.

    The Root CA NEVER SEES INTERMEDIATE PRIVATE KEYS.

    You can have a private key on a smart card that never, ever
    leaves the smartcard and still get your cert signed.

    You are very confused.

  15. Re:Inevitable consequence of unfettered capitalism by Opportunist · · Score: 3, Interesting

    The development of the USSR is an interesting one, and one that is a showcase of how good intentions are easily perverted into the most heinous reality, provided that power hungry megalomaniacs are allowed to rule. Sadly, it is the power hungry megalomaniac that WANTS to rule.

    The USSR started as a hope for a "worker's paradise", and in Marx' theory, it sure is. People worked hard towards that goal because they were promised a glorious future, and they believed it. By and by, they noticed that nothing gets better, or that it does only for the few on top, and the rest was a tyranny that tried hard to keep up the status quo, i.e. the good life for the "party people" and the struggle for the rest, until it just couldn't be propped up anymore.

    Now replace the promise of the glorious future for everyone with the promise that you, too, can be rich if you work hard, and by and by people noticing that working does not get you rich, and I wonder if I really imagine the parallels here.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  16. Re:Inevitable consequence of unfettered capitalism by Impy+the+Impiuos+Imp · · Score: 3, Insightful

    > The USSR sucked. The USA sucks.

    Ummmm, actual measurements of wealth and longevity disagreed. This is a meme lodged in your head that is not in accordance with reality. You should go about fixing it.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  17. Secret court orders, secret trials by Opportunist · · Score: 3, Funny

    All that's missing is establishing a People's Court and we're set.

    (Please read the Wikipedia article before invoking Godwin)

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  18. Re:Inevitable consequence of unfettered capitalism by Joining+Yet+Again · · Score: 4, Insightful

    Considering the USA had nearly a century and a half head start, I wouldn't expect the USSR to have come close to catching up with it. And yet we're talking about differences in life expectancy of a few years, and very nearly irrelevant definitions of "wealth" when we contrast the models of service provision.

    For example, when I lived in the US, I was able to earn a lot more money than in the UK. But it was worth a lot less, as private insurance is an inefficient rip-off vs British healthcare and social safety net. There's really little opportunity for comfort in the US except for a small proportion of people: the majority work far more hours than are needed to sustain a decent lifestyle for the whole country. Western continental Europe does so much better.

    I have a brief personal experience with the end of the USSR, and my family worked for a car firm which did business there under Khrushchev. Sure, it sucked too, but not in the terrific way caricatured by Western propaganda.

    So, it's a "meme" which I've lodged in my head based on personal experience - and a concerted attempt to enjoy and appreciate both extremes. And that's before we bring in the experiences of everyone else.

  19. American Justice by Taco+Cowboy · · Score: 5, Interesting

    America used to be, and I repeat, USED TO BE a country which everyone looked up to., yours truly included

    I came from a communist country, and I was so impressed with the United States of America that I ended up becoming a naturalized American citizen.

    The place I came from there was no democracy, no human rights, no freedom and no justice, America had everything that I ever hoped for.

    However, my American Dream slowly transformed into American Dismay, and finally ended up as American Disgust

    From a country which cherishes and champion Human Rights, the United States becomes a country where "Human Rights" is used as a tool to criticize others

    Democracy ? It sure is a convenient device to hoodwink the American voters.

    Freedom ? If there is any genuine freedom left in the United States of America Mr. Ladar Levison wouldn't have to shut down Lavabit

    Justice ? Can whatever that has happened to Mr. Snowden be anything remotely related to "Justice" ?

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:American Justice by Jeremiah+Cornelius · · Score: 5, Interesting
      Just weeks after NSA boss Alexander said that a review of NSA spying found not even one violation, the Washington Post published an internal NSA audit showing that the agency has broken its own rules thousands of times each year
      • NSA whistleblowers say that the NSA collects all of our conversations word-for-word
      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    2. Re:American Justice by iksrazal_br · · Score: 4, Interesting

      I emigrated from the USA to Brazil and come from an opposite angle. The USA has the ACLU, EFF, and a few politicians on both sides of the isle who care about liberty and its growing. Political blogs are uncensored. Corrupt politicians often go to jail, like 4 of the last 6 governors of Illinois for example. State ballot initiatives in many cases side step politicians. Judges are often elected, and there is a mostly consistent due process.

      Brazil and elsewhere, despite its greatness, not so much. Everyday on TV there are corrupt politicians but none ever go to jail. There are censorship boundaries and no liberty pressure groups or politicians really. IMHO it really is a case where every else is worse in terms of justice and liberty.

    3. Re:American Justice by Vindicator9000 · · Score: 3

      Ask and you shall receive: This guy is suing because the cops demanded that he consent to them occupying his house. When he refused, they sent a team to take his house by force and arrested him.

    4. Re:American Justice by gmanterry · · Score: 3, Informative

      America used to be, and I repeat, USED TO BE a country which everyone looked up to., yours truly included

      I came from a communist country, and I was so impressed with the United States of America that I ended up becoming a naturalized American citizen.

      The place I came from there was no democracy, no human rights, no freedom and no justice, America had everything that I ever hoped for.

      However, my American Dream slowly transformed into American Dismay, and finally ended up as American Disgust

      From a country which cherishes and champion Human Rights, the United States becomes a country where "Human Rights" is used as a tool to criticize others

      Democracy ? It sure is a convenient device to hoodwink the American voters.

      Freedom ? If there is any genuine freedom left in the United States of America Mr. Ladar Levison wouldn't have to shut down Lavabit

      Justice ? Can whatever that has happened to Mr. Snowden be anything remotely related to "Justice" ?

      I find this to be so true. We have lost control of the government because we can't vote out the powerful members of the House and it is impossible to get rid of an incumbent Senator. Just think about it. The reason they can't be gotten rid of is because there no longer is anyone who is middle of the road. The people who vote for Republicans won't vote for a Democrat because they want someone who supports gun rights and religious morality. To reinforce this districts are mapped so that their district contains a majority of like minded voters. So even though they hate their Rep or Senator, (like McCain) they can't bring themselves to vote for the other party. The Democrat voters have the same dilemma, They can't bring themselves to vote for someone who wants to deny rights to gays, and other minorities. Therefore, once you have your seat in the Senate, you are there for life. The only solutions to the entrenched Senators problem are 1) term limits which will never happen. And 2) only slightly easier, repeal of the 17th amendment, which changed the original Constitution from where Senators were appointed by their State Governors. The 17th amendment reduced the power of the States to influence the Federal Government considerably. Term limits are the only way to get rid of entrenched Representatives. The parties seem to discourage members from challenging incumbents. We, the public, ladies and gentlemen, are pretty much screwed.

      --
      Since when is "public safety" the root password to the Constitution?
  20. Re:Inevitable consequence of unfettered capitalism by Culture20 · · Score: 3, Insightful

    Considering the USA had nearly a century and a half head start,

    So the USSR sprang up from nothing in the north of Eastern Europe and Northern Asia? Russia never existed?