Thursday, May 22, 2014

Secrets, Lies and Snowden's Email: Why I Was Forced to Shut Down Lavabit

Ladar Levison explains Why I Was Forced to Shut Down Lavabit. Lavabit was an encrypted email company and Edward Snowden was one of their customers.

"In the first two weeks, I was served legal papers a total of seven times and was in contact with the FBI every other day. (This was the period a prosecutor would later characterize as my 'period of silence'.) It took a week for me to identify an attorney who could adequately represent me, given the complex technological and legal issues involved – and we were in contact for less than a day when agents served me with a summons ordering me to appear in a Virginia courtroom, over 1,000 miles from my home. Two days later, I was served the first subpoena for the encryption keys.

With such short notice, my first attorney was unable to appear alongside me in court. Because the whole case was under seal, I couldn't even admit to anyone who wasn't an attorney that I needed a lawyer, let alone why. In the days before my appearance, I would spend hours repeating the facts of the case to a dozen attorneys, as I sought someone else that was qualified to represent me. I also discovered that as a third party in a federal criminal indictment, I had no right to counsel. After all, only my property was in jeopardy – not my liberty. Finally, I was forced to choose between appearing alone or facing a bench warrant for my arrest. "

He concludes, "If my experience serves any purpose, it is to illustrate what most already know: courts must not be allowed to consider matters of great importance under the shroud of secrecy, lest we find ourselves summarily deprived of meaningful due process. If we allow our government to continue operating in secret, it is only a matter of time before you or a loved one find yourself in a position like I did – standing in a secret courtroom, alone, and without any of the meaningful protections that were always supposed to be the people's defense against an abuse of the state's power."

No comments: