Tumblr also included a warrant canary in the transparency report that it issued on February 3, 2014. On September 18, 2014, GigaOm reported that the warrant canary statement did not appear anymore in the next two Apple Transparency Reports, covering July–December 2013 and January–June 2014. On November 5, 2013, Apple became the most prominent company to publicly state that it had never received an order for user data under Section 215 of the Patriot Act. In addition to a digital signature, it provides a recent news headline as proof that the warrant canary was recently posted as well as mirroring the posting internationally. The first commercial use of a warrant canary was by the US cloud storage provider, which began publishing its canary in 2006. Usage A sign in a library in Craftsbury, Vermont in 2005 The birds are more sensitive to these gases than humans, and became sick before the miners, who would then have a chance to escape or put on protective respirators. The term is an allusion to the practice of coal miners bringing canaries into mines to use as an early-warning signal for toxic gases, primarily carbon monoxide and methane. It was also suggested for and used by public libraries in 2002 in response to the USA Patriot Act, which could have forced librarians to disclose the circulation history of library patrons. The idea of using negative pronouncements to thwart the nondisclosure requirements of court orders and served secret warrants was first proposed by Steven Schear on the cypherpunks mailing list, mainly to uncover targeted individuals at ISPs. Targeting agents of a foreign power was revised in the Patriot Act in 2001 to allow NSLs to target those who may have information thought to be relevant to either counterintelligence activities or terrorists activities directed against the United States. National Security Letters (NSL) originated in the 1986 Electronic Communications Privacy Act and originally targeted those suspected of being agents of a foreign power.
§2709(c) (enacted as part of the USA Patriot Act), provide criminal penalties for disclosing the existence of the subpoena to any third party, including the service provider's users. Some subpoenas, such as those covered under 18 U.S.C. The intention is for a provider passively to warn users of the existence of a subpoena, albeit violating the spirit of a court order not to do so, while not violating the letter of the order. If the canary is not updated for the period specified by the host or if the warning is removed, users might assume the host has been served with such a subpoena. The warrant canary typically informs users that there has not been a court-issued subpoena as of a particular date. Method of indirect notification of a subpoena Library warrant canary relying on active removal designed by Jessamyn WestĪ warrant canary is a method by which a communications service provider aims to implicitly inform its users that the provider has been served with a government subpoena despite legal prohibitions on revealing the existence of the subpoena.
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