Encrypted Email Service Begins Appeal of Surveillance Order in Wake of Revelation of Government Surveillance
Provided by HG.org
Lavabit, a company that offers encrypted email services to its customers, has formally appealed the secret surveillance order that led it to close its business last month, but the case was immediately placed under seal in the 4th Circuit Court of Appeals.
The Texas-based email service shut down in early August in protest of a court battle it had been fighting in secret related to the post-Snowden revelation that the federal government has been electronically eavesdropping on its own citizens for years.
Lavabit was reportedly the email service provider of choice for Edward Snowden, the former government employee who leaked information to the press about a program called PRISM run by the NSA and designed to review various forms of electronic communication between individuals within the United States. Since then, it has been revealed that many other programs designed to electronically eavesdrop on US citizens have been in operation for years, creating an enormous political backlash and calling into question the legality of these operations which appear to violate numerous constitutional rights.
Edward Snowden fled from the US after he was revealed as the source of the leak, eventually being admitted into Russia, where he is currently living. Once there, Snowden used Lavabit to communicate with contacts in the United States, which led to the orders against Lavabit and the secret legal proceedings.
Although unable to talk about the details of the case, many speculate that Lavabit's displeasure with the government's orders stem from a directive that the company actively circumvent its own security, either by providing the government with its private SSL certificate (and thus, allowing its users to be spied upon) or by modifying its software to store a user’s private encryption keys. In either case, this is exactly the opposite of the service Lavabit intended to provide, which is probably why it decided to shutter its operation rather than give into government pressure.
Lavabit lost its secret trial and has now filed an appeal to the Fourth Circuit Court of Appeals. The appellant's initial brief is due on October 3, and will likely be filed under seal, as well. However, media sources speculate that a redacted version may be made public shortly thereafter, particularly in light of the attention the case has drawn.
Unfortunately for Lavabit, the order appealed from was rendered by Claude M. Hilton, Senior U. S. District Court Judge for the Eastern District of Virginia. Hilton is a Reagan appointee who later served on the secret Foreign Intelligence Surveillance Court for seven years, from May 2000-2007, meaning he was on the secretive panel during the period it approved some of the most controversial NSA surveillance programs to surface in Edward Snowden’s leaks.
The case raises questions about the appropriate use of the federal government's intelligence gathering authority, balancing national security against constitutional rights. Given the politically charged nature of this debate, it is difficult to determine which side may prevail. On the one hand is very real need for an efficient way to counteract terrorism and prevent it before another attack can occur. On the other hand, the US Constitution grants its citizens certain rights against illegal search and seizure, self-incrimination, and a right of due process. Unfortunately, the government's domestic spying programs appear to ignore many of the legal safeguards put in place to protect those constitutional rights, and the debate as to whether constitutional violations are sufficiently justified by increased national security will likely continue for the foreseeable future.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Lavabit was reportedly the email service provider of choice for Edward Snowden, the former government employee who leaked information to the press about a program called PRISM run by the NSA and designed to review various forms of electronic communication between individuals within the United States. Since then, it has been revealed that many other programs designed to electronically eavesdrop on US citizens have been in operation for years, creating an enormous political backlash and calling into question the legality of these operations which appear to violate numerous constitutional rights.
Edward Snowden fled from the US after he was revealed as the source of the leak, eventually being admitted into Russia, where he is currently living. Once there, Snowden used Lavabit to communicate with contacts in the United States, which led to the orders against Lavabit and the secret legal proceedings.
Although unable to talk about the details of the case, many speculate that Lavabit's displeasure with the government's orders stem from a directive that the company actively circumvent its own security, either by providing the government with its private SSL certificate (and thus, allowing its users to be spied upon) or by modifying its software to store a user’s private encryption keys. In either case, this is exactly the opposite of the service Lavabit intended to provide, which is probably why it decided to shutter its operation rather than give into government pressure.
Lavabit lost its secret trial and has now filed an appeal to the Fourth Circuit Court of Appeals. The appellant's initial brief is due on October 3, and will likely be filed under seal, as well. However, media sources speculate that a redacted version may be made public shortly thereafter, particularly in light of the attention the case has drawn.
Unfortunately for Lavabit, the order appealed from was rendered by Claude M. Hilton, Senior U. S. District Court Judge for the Eastern District of Virginia. Hilton is a Reagan appointee who later served on the secret Foreign Intelligence Surveillance Court for seven years, from May 2000-2007, meaning he was on the secretive panel during the period it approved some of the most controversial NSA surveillance programs to surface in Edward Snowden’s leaks.
The case raises questions about the appropriate use of the federal government's intelligence gathering authority, balancing national security against constitutional rights. Given the politically charged nature of this debate, it is difficult to determine which side may prevail. On the one hand is very real need for an efficient way to counteract terrorism and prevent it before another attack can occur. On the other hand, the US Constitution grants its citizens certain rights against illegal search and seizure, self-incrimination, and a right of due process. Unfortunately, the government's domestic spying programs appear to ignore many of the legal safeguards put in place to protect those constitutional rights, and the debate as to whether constitutional violations are sufficiently justified by increased national security will likely continue for the foreseeable future.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
