> if EFF was presented with a national security letter > or other legal demand under seal demanding the > existence of a given certificate not be exposed, > would they be bound to not present a MITM alert for > that cert? >> Leaving this for pde and/or Seth. > It's a question for our legal team. I'll ask them.
>From various side channels, I've been led to believe that a certain portion of the legal community feels that NSL's are not, in fact, legal/constitutional... and they are awaiting a good test case before presenting that question. It would seem prudent for an ISP or node op to be quite concerned about following any demand that was not signed by a judge having jurisdiction... mostly to avoid doing anything that could later become a criminal or civil liability for them. Such as say installing and operating a wiretap under the guise/authority of such an extrajudicial letter or demand. For that reason alone, it would seem wise to seek review of any such thing before blindly producing or performing work. Note also that federal, state and even most county jurisdictions have 24hr judges on call, plus the FISA court for particularly sensitive 'national security' issues. ianal, call one :) _______________________________________________ tor-talk mailing list tor-talk@lists.torproject.org https://lists.torproject.org/cgi-bin/mailman/listinfo/tor-talk