🔗 Warrant Canary

🔗 United States 🔗 Internet 🔗 Law 🔗 Freedom of speech 🔗 Law Enforcement 🔗 United States/FBI

A warrant canary is a method by which a communications service provider aims to inform its users that the provider has been served with a government subpoena despite legal prohibitions on revealing the existence of the subpoena. The warrant canary typically informs users that there has not been a court-issued subpoena as of a particular date. If the canary is not updated for the period specified by the host or if the warning is removed, users are to assume that the host has been served with such a subpoena. The intention is to allow the provider to warn users of the existence of a subpoena passively, without technically violating the court order not to do so.

Some subpoenas, such as those covered under 18 U.S.C. §2709(c) 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.

National Security Letters (NSL) originated in the 1986 Electronic Communications Privacy Act and originally targeted those suspected of being agents of a foreign power. Targeting agents of a foreign power was revised in 2001 under the Patriot Act to allow NSLs to target those who may have information deemed relevant to both counterintelligence activities directed against the United States and terrorism. 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. 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.