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by IncreasePosts 827 days ago
So, it goes like this? If I have been served a warrant with a gag order:

If someone asks me "Have you been served a warrant with a gag order?" - I'm allowed to say "No", and lie about it if I want to. I am not allowed to say "Yes", per the gag order.

Now, if someone asks me: "have you been served a warrant with a gag order? Say no if the answer is no, but say nothing is the answer is yes". Now, I am allowed to say no, and allowed to say nothing, even though by saying nothing it directly contradicts the point of the gag order? Is it really the case that these gag orders are meaningless if someone just asks the question in the right manner?

I can't really buy that. I suspect canary warrants only "work" because they have never been tested in court yet.

2 comments

Expiring signatures... No one can force you (legally) to renew the signature.
I suspect a judge could compel you to do so, in the same sense that they can compel you to not divulge that you received a warrant.

But, I guess we won't really know until a warrant canary event makes its way to the courts.

a judge can compel you to do cryptographic math in your head after you have forgotten the private key? the entirety of reaching into peoples minds with law is nonsense
Well, a judge kept Tommy Thompson in jail for 7+ years on contempt of court charges after the court asked Tommy to product some gold ingots and he "forgot" where they were.
>If someone asks me "Have you been served a warrant with a gag order?" - I'm allowed to say "No", and lie about it if I want to. I am not allowed to say "Yes", per the gag order.

>Now, if someone asks me: "have you been served a warrant with a gag order? Say no if the answer is no, but say nothing is the answer is yes". Now, I am allowed to say no, and allowed to say nothing, even though by saying nothing it directly contradicts the point of the gag order? Is it really the case that these gag orders are meaningless if someone just asks the question in the right manner?

It isn't about asking or answering questions. Let's say I light a fire in my firepit each morning that I haven't been served with a secret warrant. The day after I'm served, I simply don't light it. Anyone watching the firepit then knows that I've been served. Nobody is asking me anything, and I'm not saying anything. The government can compel you to stay silent due to a gag order, but they cannot compel you to trudge out every morning to light the firepit.