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Silent Circle raises $30M, moves to Switzerland

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Re: Silent Circle raises $30M, moves to Switzerland

#41

Their "global headquarters" probably is a post box.

Until now their Swiss office (in the French-speaking part) is just a sales office. I wouldn't be surprised if they put a finance group there to take advantage of the low corporate taxes.

I somehow doubt they'll move their programmers there because frankly, not many non-Swiss companies that size can afford to pay Swiss IT salary rates. Plus, it's very hard to get work permits in Switzerland right now.

Re: Silent Circle raises $30M, moves to Switzerland

#42

Earlier quoted context omitted.

Unless the courts ask you to modify your software to access the user data next time they login (iirc, this was the case with bit mail).

That's a strong argument against creating services where JavaScript code served by the server has access to user data.

So don't, but then when the government wants some user you have, they'll ask you to modify the code so the JS does access their data and send it back to you. Comply or shutdown.

My understanding is that in the bit mail case, the government didn't just ask for data. They also asked for code to be modified. So really, any technical solution done by coding, well, the government can just ask you to un-code it.

Re: Silent Circle raises $30M, moves to Switzerland

#43

Earlier quoted context omitted.

That's a strong argument against creating services where JavaScript code served by the server has access to user data.

So don't, but then when the government wants some user you have, they'll ask you to modify the code so the JS does access their data and send it back to you. Comply or shutdown. My understanding is that in the bit mail case, the government didn't just ask for data. They also asked for code to be modified. So really, any technical solution done by coding, well, the government can just ask you to un-code it.

There's a big difference between a warrant to provide user data you trivially have access to and a demand to modify your code to intercept user data when it previously did not have that capability. I'd love to see a court case over the latter, considering that a request to insert a backdoor would require a coder to risk their entire career to comply with.

(Leaving aside that any such request would necessarily have to be a "secret warrant", which is dubious to begin with. And leaving aside mechanisms like warrant canaries, signed binaries, and Open Source clients, all of which would provide additional avenues for both detection and legal challenge.)

Re: Silent Circle raises $30M, moves to Switzerland

#44
post #22

Interesting choice. This week another "secure" email service https://protonmail.ch/ launched and their sales pitch is all about Swiss privacy protection laws. Might be a new trend.

https://protonmail.ch/img/pages/sd_integrity.png

I really hope that isn't code in production.

Re: Silent Circle raises $30M, moves to Switzerland

#45

Earlier quoted context omitted.

So don't, but then when the government wants some user you have, they'll ask you to modify the code so the JS does access their data and send it back to you. Comply or shutdown. My understanding is that in the bit mail case, the government didn't just ask for data. They also asked for code to be modified. So really, any technical solution done by coding, well, the government can just ask you to un-code it.

There's a big difference between a warrant to provide user data you trivially have access to and a demand to modify your code to intercept user data when it previously did not have that capability. I'd love to see a court case over the latter, considering that a request to insert a backdoor would require a coder to risk their entire career to comply with. (Leaving aside that any such request would necessarily have to…

It's unlikely that such an order would hold up to a challenge, since the government can't generally compel you to deliver speech you don't agree with.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/compell...

Re: Silent Circle raises $30M, moves to Switzerland

#46
post #3

Earlier quoted context omitted.

I think you are confusing substantiated, well supported, warrants/subpoenas/etc and tax collaboration agreements, with arbitrary user requests, gag orders, mass surveillance, etc. The two are at opposite spectrums.

German tax officials purchased stolen account information[0] in order to pursue tax cheats. If you think that's acceptable within the rule of law, then what's wrong with gag orders and mass surveillance? [0] http://www.lexology.com/library/detail.aspx?g=cc1eef78-5928-...

The responsible server administrator who stole the data from the bank has been sentenced to prison in Switzerland and fled. The second crime was committed by the German officials, but none of both has anything to do with swiss legal standards.
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