• SecurityPro@lemmy.ml
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    6 months ago

    As someone who has worked fraud and online investigations, and both written and served search warrants; it is not an option. A probable cause affidavit is presented to a judge and if the judge agrees there is sufficient probable cause, a search warrant is issued. This is an order by the judge and not optional. The judge can hold the company in contempt if they refuse to obey his/her order.

    • Deckweiss@lemmy.world
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      6 months ago

      Read the blog by the guy behind cock.li , he refused multiple illegitimate warrants so far.

      What matters is the jurisdiction of the service, not the one of the warrant author, otherwise china would have already warranted all data of all other world citizens lol

      • Railcar8095@lemm.ee
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        6 months ago

        Proton complies with Swiss law, and has to be channeled through Swiss official channels who rely the request.

        So there’s jurisdiction.

        • Deckweiss@lemmy.world
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          6 months ago

          That is true. But I wasn’t debating about this specific case, but rather the generalized statement.

          The comment I replied to implies “If there is a warrant, it is always legitimate and you have to follow it, because a lawyer said so”. That is not true and if it were the world would quickly go to shit, which I pointed out.

          • Railcar8095@lemm.ee
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            6 months ago

            I would say your interpretation was a bit extreme. Nobody implied a warrant from anywhere in the world.

            • Deckweiss@lemmy.world
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              6 months ago

              Again, it doesn’t matter where the warrant fomes from. What matters is where it goes to.

              And that detail is pretty important, while being completely left out. They say:

              it is not an option.

              But yes it is, depending on the jurisdiction.