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Actually I was surprised that the article doesn't see the harm in "The Subpoena Argument" which although not overly burdensome, is both abusive and oppressive. The abuse and oppression is happening to the business and to the clients of that business. Lavabit was willing to provide the records for the account in question so the issue of providing SSL keys is moot. Add to that the Feds wanted live surveillance so Lavabit offered to do some coding for a fee of 3500 and the Feds refused. All in all Lavabit was compliant with the letter of the law. The ruling against Lavabit seems to have been expected to silence the owner but it backfired against the Feds.

I'm all for going after the bad guys but sometimes law enforcement agencies don't make themselves likable, especially when they can force someone to comply with what they want.



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