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Friday, August 09, 2013

'We knew USG Would Come After Us'- Silent Mail Preemptively Shuts Down After Lavabit Closure (Video)

By Susan Duclos

Silent Circle has preemptively shut down its Silent Mail encrypted email service, after Lavabit was forced to shut down or "become complicit in crimes against the American people."

TechCrunch quotes Silent Circle CEO Michael Janke, saying the preemptive closure of their Silent Mail service was because "We knew USG would come after us."

In a statement to TechCrunch about whether the shut down was only because Silent Circle felt email was insecure, CEO Michael Janke tells us
“It goes deeper than that. There are some very high profile people on Silent Circle- and I mean very targeted people- as well as heads of state, human rights groups, reporters, special operations units from many countries. We wanted to be proactive because we knew USG would come after us due to the sheer amount of people who use us- let alone the “highly targeted high profile people”. They are completely secure and clean on Silent Phone, Silent Text and Silent Eyes, but email is broken because govt can force us to turn over what we have. So to protect everyone and to drive them to use the other three peer to peer products- we made the decision to do this before men on [SIC] suits show up. Now- they are completely shut down- nothing they can get from us or try and force from us- we literally have nothing anywhere.”
On Silent Circles website there is a message to their customers, which includes the statement "However, we have reconsidered this position. We’ve been thinking about this for some time, whether it was a good idea at all. Today, another secure email provider, Lavabit, shut down their system lest they “be complicit in crimes against the American people.” We see the writing the wall, and we have decided that it is best for us to shut down Silent Mail now. We have not received subpoenas, warrants, security letters, or anything else by any government, and this is why we are acting now."

Lavabit, the company reportedly used by NSA leaker Edward Snowden, put their full statement directly on Lavabit's main page.

"My Fellow Users, 

I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly ten years of hard work by shutting down Lavabit. After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision. I cannot. I feel you deserve to know what’s going on--the first amendment is supposed to guarantee me the freedom to speak out in situations like this. 

Unfortunately, Congress has passed laws that say otherwise. As things currently stand, I cannot share my experiences over the last six weeks, even though I have twice made the appropriate requests.
What’s going to happen now? We’ve already started preparing the paperwork needed to continue to fight for the Constitution in the Fourth Circuit Court of Appeals. A favorable decision would allow me resurrect Lavabit as an American company.

This experience has taught me one very important lesson: without congressional action or a strong judicial precedent, I would _strongly_ recommend against anyone trusting their private data to a company with physical ties to the United States.

Sincerely,
Ladar Levison
Owner and Operator, Lavabit LLC


Defending the constitution is expensive! Help us by donating to the Lavabit Legal Defense Fund here."

Both companies are shuttering their encrypted email services rather than betray the trust of their users by allowing themselves to be forced to turn over private data to the Obama administration about their users.

Jennifer Granick, the Director of Civil Liberties at the Stanford Center for Internet and Society, wrote that "the U.S. government, in its rush to spy on everybody, may end up killing our most productive industry. Lavabit may just be the canary in the coal mine."