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How the Government Killed a Secure E-mail Company

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Re: How the Government Killed a Secure E-mail Company

#2
"If Lavabit lost its appeal to the F.I.S.C.R., and still refused to coöperate, it would run a serious risk of being found in contempt; that’s how most courts punish those who disobey its orders. The FISA court is no different. According to the court’s rules of procedure, a party may be held in contempt for defying its orders. The secret court may consider many punishments—secret fines for each day of noncompliance, or even secret jail time for executives. The idea behind civil contempt is that “you hold the key to your own cell.” If you comply, the punishment stops. But hold out long enough and your contempt may be criminal, and your compliance will not end the jail sentence or displace the fine."

Any claims the FISA court is not a real court fail hard if the above is correct. Which is pretty much has to be for the current system to work.

Re: How the Government Killed a Secure E-mail Company

#3
post #2

" If Lavabit lost its appeal to the F.I.S.C.R., and still refused to coöperate, it would run a serious risk of being found in contempt; that’s how most courts punish those who disobey its orders. The FISA court is no different. According to the court’s rules of procedure, a party may be held in contempt for defying its orders. The secret court may consider many punishments—secret fines for each day of noncompliance,…

Secret fines, secret proceedings, secret prison time. I wonder if the charges and evidence against you are also secret and only the court knows not the defendent.

Re: How the Government Killed a Secure E-mail Company

#4
post #2

" If Lavabit lost its appeal to the F.I.S.C.R., and still refused to coöperate, it would run a serious risk of being found in contempt; that’s how most courts punish those who disobey its orders. The FISA court is no different. According to the court’s rules of procedure, a party may be held in contempt for defying its orders. The secret court may consider many punishments—secret fines for each day of noncompliance,…

Secret courts

extraordinary rendition

waterboarding

indefinite detention in a location beyond the reach of the judicial system

shoot to kill via drone

spying on the populace on a scale that the stasi could only dream of.

Spying on allies as well as enemies

What kind of a regime is that?

Re: How the Government Killed a Secure E-mail Company

#5
post #2

" If Lavabit lost its appeal to the F.I.S.C.R., and still refused to coöperate, it would run a serious risk of being found in contempt; that’s how most courts punish those who disobey its orders. The FISA court is no different. According to the court’s rules of procedure, a party may be held in contempt for defying its orders. The secret court may consider many punishments—secret fines for each day of noncompliance,…

things seem to become interesting more and more, i mean the secret fines and secret jail time. The former i guess accounted and reported to [secret department of] SEC on secret 10K forms, while later suggests the following interpretation for this new brave world of the old Russian joke: "A CEO tells to his wife that his is going on a vacation with a mistress, and he tells his mistress that he is going on a vacation with the wife, while he is going to serve secret sentence in a jail".

Re: How the Government Killed a Secure E-mail Company

#6
post #2

" If Lavabit lost its appeal to the F.I.S.C.R., and still refused to coöperate, it would run a serious risk of being found in contempt; that’s how most courts punish those who disobey its orders. The FISA court is no different. According to the court’s rules of procedure, a party may be held in contempt for defying its orders. The secret court may consider many punishments—secret fines for each day of noncompliance,…

I followed the citation for "secret jail time". Fortunately, at least for that allegation, it appears to be speculation in another article [1].

[1]http://www.slate.com/articles/news_and_politics/explainer/20...

Re: How the Government Killed a Secure E-mail Company

#7
The only way I can imagine secret jail time working is by publicly charging that person with a crime they didn't commit to cover up the actual reason. This is similar to what is alleged with the CEO of Qwest, who would not cooperate with the NSA and was then charged with insider trading and is still in prison.

However, what possible reason would the person have to remain silent about the real reason they're in prison once they're already in prison?

Re: How the Government Killed a Secure E-mail Company

#8

The only way I can imagine secret jail time working is by publicly charging that person with a crime they didn't commit to cover up the actual reason. This is similar to what is alleged with the CEO of Qwest, who would not cooperate with the NSA and was then charged with insider trading and is still in prison. However, what possible reason would the person have to remain silent about the real reason they're in prison…

"However, what possible reason would the person have to remain silent about the real reason they're in prison once they're already in prison?"

Probably threats against family members and threats of increased jail time.

Re: How the Government Killed a Secure E-mail Company

#9

The only way I can imagine secret jail time working is by publicly charging that person with a crime they didn't commit to cover up the actual reason. This is similar to what is alleged with the CEO of Qwest, who would not cooperate with the NSA and was then charged with insider trading and is still in prison. However, what possible reason would the person have to remain silent about the real reason they're in prison…

"However, what possible reason would the person have to remain silent about the real reason they're in prison once they're already in prison"

Look at Qwest CEO Nacchio's case. He claimed exactly that, see e.g. http://dailycaller.com/2013/06/13/jailed-qwest-ceo-claimed-t... and what happened?

He's jailed for 6 years, I'm sure most people believe it's because he's eeevil capitalist scum, and whatever the truth, everyone else in his position has to take it as likely they'd suffer the same fate.

Now that this seems to have turned a corner it might play out differently, but "Do you feel lucky, punk?"

Re: How the Government Killed a Secure E-mail Company

#10
post #4
post #2

" If Lavabit lost its appeal to the F.I.S.C.R., and still refused to coöperate, it would run a serious risk of being found in contempt; that’s how most courts punish those who disobey its orders. The FISA court is no different. According to the court’s rules of procedure, a party may be held in contempt for defying its orders. The secret court may consider many punishments—secret fines for each day of noncompliance,…

Secret courts extraordinary rendition waterboarding indefinite detention in a location beyond the reach of the judicial system shoot to kill via drone spying on the populace on a scale that the stasi could only dream of. Spying on allies as well as enemies What kind of a regime is that?

A very paranoid one.
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