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by lukesandberg 4423 days ago
> Nearly all the data requests that people are concerned about have been coming with gag orders attached.

citation? most data requests are run of the mill subpoenas (in non-criminal cases), gag orders only apply to a fairly small subset of user data requests.

1 comments

I'm talking about the requests people are concerned about, not nearly all the data requests that are made. I may be way off-base here, but I think that most people are not particularly uncomfortable with the idea that law enforcement could get a warrant to seize their data from a judge based on probable cause and would do so without putting the company under a gag order - that's what we expect from the constitution. I think people are much less comfortable with being caught in a suspicionless surveillance net based on a warrant issued by a FISA "court" with no transparency and no adversarial hearing process, and those are generally issued with national security gag letters.