| Let's not forget three things from prior leaks: 1. Core Secrets said the FBI "compelled" companies to secretly backdoor their products. Another leak mentioned fines by FISA court that would kill a company. I dont know if you can be charged or not. 2. They paid the big companies tens of millions to $100+ million to backdoor their stuff. Historically, we know they can also pressure them about government contracts or export licenses. Between 1 and 2, it looks like a Pablo Escobar-like policy of "silver or lead." 3. In the Lavabit trial, the defendant said giving them the keys would destroy the business since the market would know all their conversations were in FBI's hands. The FBI said they could hide it, basically lying given Lavabit's advertising, which would prevent damage to the business. IIRC, the judge went for that argument. That implies the FBI and some courts tell crypto-using companies to give them access but lie to their users. Just these three facts make me wonder how often crypto in big platforms is intentionally weak by governemnt demand or sloppy because they dont care. So, I consider all crypto use in a police state subverted at least for Five Eyes use. I'll change my mind once the Patriot Act, FISC, secret interpretations of law, etc are all revoked and violators get prosecuted. |
People are going to come back and say "well yeah that's just what they tell you about FISA court, but I bet FISA courts fine people all the time", but no, it's deeper than that: private actors aren't parties to FISA cases. It's best to think of them as exclusively resolving conflicts between government bodies.