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by slight 3738 days ago
> What they could argue is that by ceasing to publish the canary, you're committing the crime of communicating something you're not allowed to communicate. That, however, skirts dangerously close to forcing someone to lie.

This was my point, but the issue seems to me not about them forcing you to lie but rather about you setting up a system that you know will either force you to lie, or to break a court order by communicating something you were ordered not to. The only point of a warrant canary is to try to bypass the intention of a potential future court order.

1 comments

> you setting up a system that you know will either force you to lie, or to break a court order by communicating something you were ordered not to.

Which is not illegal, and therefore cannot be punished. I wouldn't be surprised if they make warrant canaries illegal (they are already in Australia?) for this reason, and it sorta kinda makes sense, but it also sucks.

Edit: though I guess you could argue that "preparing to break a court order" is some sort of crime, but

1. It's in this case equivalent to making warrant canaries illegal, and

2. Laws that are punished only occasionally are the scariest thing.