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LWN.net Weekly Edition for May 23, 2013
An "enum" for Python 3
An unexpected perf feature
LWN.net Weekly Edition for May 16, 2013
A look at the PyPy 2.0 release
Security quotes of the week
Posted Feb 1, 2013 18:41 UTC (Fri) by giraffedata (subscriber, #1954)
A National Security Letter is for matters of national security, and I doubt that would apply to any non-criminal investigation. In any case, it wouldn't apply to most of them.
A discovery request goes to the other party a lawsuit, and Google isn't talking about cases in which Google is a party.
What Google would require in the case of the non-criminal investigation is a subpoena coupled with a court order to compel compliance. Though Google doesn't mention that, we can assume Google would comply with such a court order since it has even more due process than a search warrant and treads far more lightly on the subject's rights than a search warrant (a search warrant gives the police license to go through your stuff; the subpoena just tells you to to do the search yourself).
What Google is announcing it will ignore is a subpoena without the order to compel compliance. Such a subpoena doesn't come from a judge.
Posted Feb 1, 2013 19:37 UTC (Fri) by raven667 (subscriber, #5198)
Posted Feb 1, 2013 19:49 UTC (Fri) by mgb (guest, #3226)
No sane informed non-US person keeps proprietary information in the US (e.g. Gmail).
Google, search warrants, and National Security Letters
Posted Feb 2, 2013 22:45 UTC (Sat) by giraffedata (subscriber, #1954)
How did the FBI get access to Petraeus Gmail account without a criminal investigation or warrant?
That's a good point. In fact, I recall now that a government employee can be considered a security risk just because he is in debt (because it makes him more susceptible than the average employee to bribes and extortion). So I agree - a national security matter doesn't have to be a criminal matter and an NSL could be used in a non-criminal investigation.
From what I've read, I believe Google would not comply with an NSL demanding user information. Google's position is based on the U.S. Constitution, which takes precedence over the act of Congress that created NSLs.
Posted Feb 3, 2013 4:06 UTC (Sun) by raven667 (subscriber, #5198)
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