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It's not "we received a letter about you". If they get a NSL, then they _don't_ post the canary. That's a key difference, between action and inaction, and it's what the whole thing rests on.

Not that it's been tested in (non-secret) court.




I'm saying that the reason warrant canaries haven't gotten companies in trouble yet is because they're so vague as to be practically useless and that revealing to a person that they were the target of an NSL, through either action or inaction, would probably be over the line legally.

At the very least it'd be a massively expensive test case and the companies that have the money to pay for that have too much to lose on a case that isn't solid. It'll come down to the very technical legal question of action vs inaction that would probably wind up in the supreme court.




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