Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

> How exactly would we draft laws to this effect, "the authorities can subpoena for any piece of evidence, except when complying to such a request might break the contractual obligations of a third party towards the suspect"?

Perhaps in this case they should be required to get a warrant rather than a subpoena?





A subpoena (specifically a subpoena duces tecum[1]) is the legal instrument that a court or other legal agency uses to compel someone to provide evidence. Seems entirely appropriate in this case.

[1] The other kind is subpoena testificandum, which compels someone to testify.


If they need a warrant to search your desk then they should need a warrant to search your computer.

And they do. But if they want to compel your accountant to provide evidence (say) they use a subpoena. So if they want to compel Microsoft to provide evidence they should use a subpoena.

A technical difference being that your key/password is not itself "evidence" of anything. A practical difference being that the relationship is more akin to that of a landlord rather than an accountant.



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: