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by w0uld 2387 days ago
While I agree with you, I think there's some nuance. In the Lavabit case, the FBI was investigating a national security threat whereas the PIA case involved the hacking of local social media sites. I can see a judge not wanting to rule against the FBI in a case of national security whereas I think a judge would be hesitant to do the same in the case of a misdemeanor offense. Then again, I'm continually surprised by the U.S. government in the "war against terror" era.
1 comments

Snowden was not a national security threat, he was a government embarrassment threat. It’s not okay to conflate the two
I'm not conflating anything nor am I making a judgement on the FBI's motives. The FBI issued a national security letter that Lavabit fought in court, which I feel Lavabit should have won. The point you missed is the FBI and the judge put a bit more weight towards forcing Lavabit's hand than it did in PIA's case because of the scope and severity of the offenses, perceived or otherwise.
The FBI did not issue a national security letter in the Lavabit case. A national security letter cannot require the placement of a device to intercept communications or compel turning over encryption keys to accomplish the same. The FBI presented Lavabit with a subpoena issued by a judge.