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@AT1ST@mstdn.ca

2026-03-08 22:41 UTC

@malwaretech The thing that gets me is - is the company being requested by the MLAT allowed to challenge their local government on the legality of the request? Like how Apple famously refused to make a program to automatically decrypt their iPhones to federal, state, or municipal authorities to be able to decrypt a terrorist's phone, and as I recall, that actually went to court on that? Could Proton not do the same with the request made of them?

Replies (5)

  • @can@haz.pink 2026-03-08 22:46

    @AT1ST @malwaretech does Proton have Apple money?

    Open ##1289838

  • @AT1ST No, Apple just outright refused and has enough money to tie most of the federal government lawyers up in court for the rest of their careers

    Open ##1289848

  • @Saupreiss@pfalz.social 2026-03-08 23:11

    @AT1ST Absolutely. Also, no such things as gag orders are known (yet…) on this continent. @malwaretech

    Open ##1289852

  • @ohir@social.vivaldi.net 2026-03-09 00:37

    @AT1ST @malwaretech > Like how Apple famously refused ... Apple refused protecting their bottom line. Then this iPhone was soon "decrypted by a group of hackers" IIRC. Good PR and not a penny wasted for the 3mo coverage all over the nets. > Could Proton not do the same with the request made of them? 1. There is no crime-story on the warrant 2. Check prices of legal representation in the Switzerland first. For "ultimate plan"/yr sum you can buy a few microseconds of lawyer time.

    Open ##1289853

  • @iampytest1@infosec.exchange 2026-03-09 05:46

    @AT1ST Depends what remedies exist under both the MLAT and Swiss law. I'm not sure if they could challenge in US court, Swiss court, or both. In US court, companies can move to quash a subpoena, but if a magistrate judge found probable cause, that would probably be a difficult battle. Not to mention the grounds for quashing a subpoena in the first place are very limited, and I don't think that any remedy is even available here but am not an expert (https://www.law.cornell.edu/rules/frcp/rule_45). Once the case gets the court - and it doesn't seem it ever did here - there could be motions to suppress the evidence on the grounds it was illegally obtained. That seems unlikely to prevail here, especially given that analysis would probably be under US law, not Swiss law. There could also be other challenges to the case, i.e. first amendment challenges, but without knowing the facts its hard to know how successful those challenges would be. All of that is so far down the road that it wouldn't be in Proton's calculus. I am not a lawyer, take everything I said with a lot of skepticism.

    Open ##1289862