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by URSpider94
3576 days ago
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In the USA, courts generally can't compel you to speak. They do not have the power to force someone to utter or write words against their own free will. Forcing someone to continue publishing a statement saying that a warrant has not been received would be against understood Constitutional precedent. |
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https://github.com/WhisperSystems/whispersystems.org/issues/...
Bruce Schneier: Personally, I have never believed this trick would work. It relies on the fact that a prohibition against speaking doesn't prevent someone from not speaking. But courts generally aren't impressed by this sort of thing, and I can easily imagine a secret warrant that includes a prohibition against triggering the warrant canary. And for all I know, there are right now secret legal proceedings on this very issue.
https://www.schneier.com/blog/archives/2015/03/australia_out...
At the very least, the issue isn't clear-cut, and there most certainly isn't constitutional precedent.