they should inform the victim about it
Comment on ProtonMail Logged IP Address of French Activist; Should You Be Worried About Your Privacy?
talentedkiwi@sh.itjust.works 4 months ago
It’s also worth clarifying that ProtonMail doesn’t collect IP addresses by default. Instead, the monitoring/ logging starts after ProtonMail gets a legal request.
They still have to adhere to legal requests.
reksas@sopuli.xyz 4 months ago
talentedkiwi@sh.itjust.works 4 months ago
Under Swiss law, ProtonMail should notify the user if a third party makes a request for their private data and if the data is for a criminal proceeding. However, there’s a big catch/ loophole here. On its law enforcement page, ProtonMail highlights that the notification can be delayed in the following cases:
Where providing notice is temporarily prohibited by the Swiss legal process itself, by Swiss court order, or applicable Swiss law; Where, based on information supplied by law enforcement, we, in our absolute discretion, believe that providing notice could create a risk of injury, death, or irreparable damage to an identifiable individual or group of individuals; As a general rule though, targeted users will eventually be informed and afforded the opportunity to object to the data request, either by ProtonMail or by Swiss authorities.
This incident seems to fall under the first case, and that’s why ProtonMail didn’t notify the user. “Some orders are final and cannot be appealed, that’s just how the legal system works, not everything can be appealed. The user wasn’t notified for the same reason that you don’t notify a suspect before arresting them,” says ProtonMail founder Andy Yen.
ook@discuss.tchncs.de 4 months ago
Proooobably part of the request that they are not allowed to do that.
Nyxias@fedia.io 4 months ago
Yes, exactly.
Privacy is and should be a right, absolutely.
But it doesn't absolve anyone from the right to shroud from any crime committed, period.
rumba@lemmy.zip 4 months ago
Through who’s lens?
When a person is raped and seeking an abortion from Texas, do they deserve to be stripped of privacy? What about countries that see being gay a crime?
I don’t particularly care about proton outing people, but they should absolutely be restricted from advertising that they’re more private or secure than any other provider out there.
JackbyDev@programming.dev 4 months ago
In the US right now, we’re seeing this unfold. With the talk about classifying transgender folks as nihilistic violent extremists, who fucking knows.
rumba@lemmy.zip 4 months ago
When freedom of speech breaks down, and the government is logging / tracking all social media on the front end and back end AND private communication tools are under attack, nothing is really safe anymore. Most disturbingly, once they deem X or Y to be unlawful, if you’ve EVER talked about X or Y, you’re at risk.
Nyxias@fedia.io 4 months ago
Apples and Oranges comparisons here also, you're making some bad examples out of the gate that probably isn't worth breaking down.
When Proton advertises about being more private and secure. That's a lot to be said there than say Google, who dances badly to the tune of "we're not evil", lying to your face on a consistent basis. You won't ever know if Google is reading anything you've got in your little GMail box or what you decide to use in the services they offer. Do you truly believe that you're getting privacy from all fronts from the countless things Google offers you? It's too good to be true. Why do you think it knows so much about you when you use several of their services?
rumba@lemmy.zip 4 months ago
I could say the same about your comment.
corsicanguppy@lemmy.ca 4 months ago
The loss of privacy happens before the determination whether that person has done anything wrong. If the person’s criminal case goes well, do you have a time machine to go back and not invade privacy?
Nyxias@fedia.io 4 months ago
No, because that's the part where someone should've learned a lesson or two. What do you mean if a criminal case goes well? If someone is suspected of something and may be involved in a crime, what entitlement do you have? It is part of a criminal investigation process. You either comply or worsen your odds by raising suspicions if you continually refuse to cooperate because you're too busy debating police officers about "MUH PRIVACY". Duuuuuhhhhhhh!
Did you think you stepped on some checkmate kind of discovery here? No, you didn't.
MountingSuspicion@reddthat.com 4 months ago
I’m from the US and we have a system in place for search warrants. It’s not a great system if I’m being honest, but I believe something of the sort will likely always be necessary. Do you have an alternative suggestion? I’m legitimately interested in different options.
infinitesunrise@slrpnk.net 4 months ago
It’s an atrocious system, innocent people get killed every year over it.
a4ng3l@lemmy.world 4 months ago
At the very least have controls in place ensuring disposal of data when court cases are fully processed to the full extent of appeals possibilities. Not allowing broad requests such as « everyone that connected to a given antenna for a month » or even « all connections toward NET or ASN whatever ». Additionally have the data fully isolated, removing all possibilities to cross use data initially granted for a purpose. I could go on for a while… It’s all a balance though, sometimes reuse leads to solving unrelated cases but it’s bound to the imperfections of local authorities everywhere one’s data can be requested.