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This is why you sign the canary regularly, and then it just expires if you do nothing.

Although... I also don't see much use in them either, it seems everyone ends up complying with something eventually and so all canaries end up getting removed.



IANAL, but I'd think that hurting your possible future defense is what you just said, and what people always say: that the premeditated intent is to violate a potential future gag, and that removing the canary (or not updating a cryptographic signature, or resetting to 0 the "__ days since last served a subpoena" notice) is a mechanism for that violation.

IMHO, that's kinda a weaselly trick, no matter how good the cause, and it might not stand up, not legally, nor in extra-legal practice.


That doesn’t seem functionally different than removing the canary.


Removing the canary requires action. Not resigning a canary requires inaction.


I strongly doubt a judge will care to distinguish the two.


Doubt all you want. Can you point to case law?


that would be compelled speech


Why did you do this thing 2 weeks ago?

vs

Why didn’t you do this thing 2 weeks ago that you were under no legal obligation to do?

Seems like a significant and valid distinction even if what they communicate to the intended audience is largely the same.

“Largely the same” because in the second case it would be possible that forgetting, or some other obstacle to resigning occurred.


Not a lawyer, but I think the government has more ability to prevent you from doing something than forcing you to act. They can tell you to not remove the canary, and not tell anyone your logs are being monitored, but it is trickier for them to say you must re-sign this certificate.


That sounds like much more of a nuanced law question than a "are these the same". While they might be able to stop you telling the world, they might not be able to force you to perform actions that cause you to lie to the public


Things break all the time! Usually they get fixed, but sometimes you're just too busy to get around to it.




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