I never said that a prosecutor or a judge should not allow the access.
All I try is to point out that many times a criminal has way more rights then the LE because of bureaucracy and bad judgement.
@jaclaz great about the torturing idea, I wonder how I didn't think of it before )
All I try is to point out that many times a criminal has way more rights then the LE because of bureaucracy and bad judgement.
Yep, but the point is exactly that a citizen (yet to be proved a criminal) has (or should have) a number of rights protected by the Law (or constitution, or universal declaration of rights, etc.) and theoretically the moment a LEO - for whatever reasons - believes that the Law (the very thing he/she is called to enforce) is just "bureaucracy and bad judgement" he/she should step down immediately (or be fired).
In a more coherent world the ex-officer should be additionally punished by depriving him/her of those same basic rights, but one of the good points of the Law is that those rights cannot be removed.
jaclaz
@jaclaz This is funny ) Luckily I can have a private opinion without braking any laws )
We should end this and get back to the OP.
To make it short unless there is a subpoena or court order to access the protonmail account in the needed way, the examiner can't do nothing.
can't do nothing.
At least on this side of the pond I think you need to choose among
1) can do nothing
2) can't do anything
jaclaz
Whichever you like )
That is just another sample of bureaucracy and bad judgement )
Let's say there is a child abusing case, with proof in a free protonmail account, without an acquisition possibility in a forensic way. The LE can't do nothing, because the account owner is not giving his consent ?! What a joke, no ?!
If you want to live in a lawless society, go for it.
You can still perform an acquisition in at least two methods - 1) visual examination, or 2) manual exporting of each mail message. Those are still valid acquisition methods. It would also be documented as to why you weren't able to perform an acquisition of the emails with a specific tool.
If you want to live in a lawless society, go for it.
You can still perform an acquisition in at least two methods - 1) visual examination, or 2) manual exporting of each mail message. Those are still valid acquisition methods. It would also be documented as to why you weren't able to perform an acquisition of the emails with a specific tool.
@deeFIR No, I want to live in a society with laws, but not stupid ones.
As for visual examination or manual exporting of each message, how can you do it if the user didn't give his / her consent for it ?! What would that be different to the first proposal I made - to upgrade the account to a payed version and use FEC method ?!
If you want to live in a lawless society, go for it.
You can still perform an acquisition in at least two methods - 1) visual examination, or 2) manual exporting of each mail message. Those are still valid acquisition methods. It would also be documented as to why you weren't able to perform an acquisition of the emails with a specific tool.
@deeFIR No, I want to live in a society with laws, but not stupid ones.
As for visual examination or manual exporting of each message, how can you do it if the user didn't give his / her consent for it ?! What would that be different to the first proposal I made - to upgrade the account to a payed version and use FEC method ?!
If you have a valid authority for search/seizure and the account is already signed in - then you can perform a manual acquisition/visual examination. Same as live forensics on a desktop/laptop which is already signed in. That authority doesn't necessarily extend to modifying the underlying account data and changing payment methods etc. It's up to you to determine the lawful actions within your authorities, not to debate the legitimacy of legislation or regulations.
I never said that a prosecutor or a judge should not allow the access.
It looks like we should close the topic, you get back almost to where we started )
Of course all the legal background is needed for a task to be done right, otherwise the work done is void, but if there is an easy and legit method, I don't see any reasons why somebody should choose to deal with the harder way.