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The right question isn't “will courts issue a direct order to maintain a warrant canary to conceal a warrant (or, more likely, an administrative subpoena like an NSL) protected by a non-disclosure order”, it is “will courts punish signalling the existence of a warrant (etc.) protected by a non-disclosure order by dropping a warrant canary as they would any other action done to signal the existence of such a warrant.”

Which is why even the EFF doesn't recommend dropping the canary immediately but instead going to court to seek vindication of the right to drop the canary before so doing.



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