[cryptome] Cloudflare and NSL disclosure FBI

  • From: "douglas rankine" <dmarc-noreply@xxxxxxxxxxxxx> (Redacted sender "douglasrankine" for DMARC)
  • To: Cryptome Mailing List <cryptome@xxxxxxxxxxxxx>
  • Date: Sun, 19 Feb 2017 10:54:30 +0000

see url:https://blog.cloudflare.com/cloudflares-transparency-report-for-second-half-2016-and-an-additional-disclosure-for-2013-2/

credit: Bruce Schneier.

Interesting story about an NSL letter...in particular the last couple of paragraphs...


The gag order not only impacted our transparency report and our ability to talk about the sealed case, but Cloudflare has been involved in public policy discussions related to the Internet and matters of electronic communications both in Congress and in the public sphere more broadly since the early days of the company. We believe that participation in policy debates is an axiomatic part of our mission to build a better internet. The inability to disclose the receipt of NSLs and to participate in a robust discussion of the policy issues surrounding NSLs was important to Cloudflare and the members of our community.

One personal experience is particularly telling about the gag order’s negative impact on our policy advocacy efforts. In early 2014, I met with a key Capitol Hill staffer who worked on issues related to counter-terrorism, homeland security, and the judiciary. I had a conversation where I explained how Cloudflare values transparency, due process of law, and expressed concerns that NSLs are unconstitutional tools of convenience rather than necessity. The staffer dismissed my concerns and expressed that Cloudflare’s position on NSLs was a product of needless worrying, speculation, and misinformation. The staffer noted it would be impossible for an NSL to issue against Cloudflare, since the services our company provides expressly did not fall within the jurisdiction of the NSL statute. The staffer went so far as to open a copy of the U.S. Code and read from the statutory language to make her point.

Because of the gag order, I had to sit in silence, implicitly confirming the point in the mind of the staffer. At the time, I knew for a certainty that the FBI’s interpretation of the statute diverged from hers (and presumably that of her boss).

Cloudflare fought this battle for four years even after the request for customer information had been dismissed. In addition to protecting our customers’ information, we want to remain a vigorous participation in public policy discussions about our services and public law enforcement efforts. The gag rule did not allow that.

Now that this gag order has been lifted, Cloudflare is able to publish a more accurate transparency report to its customers and constituents. For us, this is not the end of the story, but the beginning of a more robust, fact-informed debate....end of quote>>

What is called a double bind in the trade...




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