bugtraq - Re: Cryptome: NSA has real-time access to Hushmail servers

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Message-Id: <C299F55C-D03E-4AE7-82B6-59C4F0D7DD67@seiden.com>
Date: Thu, 27 Dec 2007 17:06:25 -0500
From: mark seiden-via mac <mis@...den.com>
To: Valdis.Kletnieks@...edu
Cc: Juha-Matti Laurio <juha-matti.laurio@...ti.fi>,
	bugtraq@...urityfocus.com
Subject: Re: Cryptome: NSA has real-time access to Hushmail servers


On Dec 26, 2007, at 4:33 PM, Valdis.Kletnieks@...edu wrote:

> On Sat, 22 Dec 2007 14:02:18 +0200, Juha-Matti Laurio said:
>> Guardster Team has posted its response on 21st Dec to Cryptome:
>
>> "We can assure you that we do not cooperate with the NSA or any other
>> government agency anywhere in the world. We invite whomever is  
>> making this
>> statement to provide proof, rather than making a baseless accusation.
>
> Note that if they had been served with an NSL (National Security  
> Letter),
> they may be legally *required* to lie about it while cooperating.   
> Actually
> truthfully saying "Yeah, an NSL showed up and we complied" could  
> land them
> in jail....

not exactly true, i think.   the gag order on recipients of a NSL has  
never required lying, just
saying nothing (which is bad enough, given the historical lack of  
recipient access to judicial
review).

i would personally be more suspicious of the providers who had no  
comment
than the ones who made unequivocal denials.

the gag feature is in court at the moment (with a ruling against the  
govt's position
from as recently as september)  according to

http://en.wikipedia.org/wiki/National_security_letter