Chris,

Nicely put. Agree with your comments 100%


Robert

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On 2013-02-07, at 8:14 PM, Christopher Soghoian wrote:

> See Inline
> 
> On Thu, Feb 7, 2013 at 12:15 PM, Andy Isaacson <a...@hexapodia.org> wrote:
> Silent Circle may be an excellent privacy app.  It might not have any
> significant security problems.  It might even do a good job of
> mitigating important platform-based attacks and supporting important new
> use cases (the "burn after reading" feature).  When it's actually open
> source I'll take a look and if it is good, I'll recommend it to users.
> 
> Until that open review happens, I think it's inappropriate for voices in
> our community to commend or recommend such a proprietary system.  Each
> person makes their own choices, of course, and nobody should base their
> actions solely on what *I* think is right, but I hope you can hear my
> concerns and consider the outcomes of your actions.
> 
> Twitter's official client and server code are not open source. That hasn't 
> stopped the good folks at EFF, as well as many other privacy advocates from 
> praising the company's law enforcement transparency policies, as well as 
> Twitter's willingness to go the extra mile when responding to various forms 
> of legal process.
> 
> Much of Google's code, including all of the Gmail backend code is not open 
> source, but that hasn't stopped privacy advocates from legitimately praising 
> the company for voluntarily publishing some really useful data on government 
> requests and DMCA takedown demands.
> 
> Although I have not recommended Silent Circle to anyone, I believe that it is 
> entirely legitimate to praise the company for its commitment to transparency 
> regarding law enforcement requests and the company's overall law enforcement 
> policy.
> 
> Hell, looking at the list of companies ranked on EFF's "Who's got your back" 
> website, closed source is by far the norm, not the exception. That hasn't 
> stopped EFF from giving out gold stars where they feel they are deserved. 
> See: 
> https://www.eff.org/pages/when-government-comes-knocking-who-has-your-back
> 
> In fact, for many of the factors that I am most interested in, source code is 
> completely irrelevant. Client source code does not reveal a company's data 
> retention policy, and server data retention configurations are impossible to 
> verify. Source code does not reveal whether a company will tell its users 
> about subpoenas submitted for user data where not prevented from doing so by 
> a gag order. Source code will not reveal a company's willingness to spend 
> hundreds of thousands of dollars on legal bills to fight an improper request 
> submitted by lawyers at the Department of Justice. For such things, you have 
> to evaluate the company on its public policy (and, once the policy is put 
> into action, you can judge the company via its track record).
> 
> By all means, continue to harass Silent Circle about its source code. 
> Likewise, please do hold journalists accountable for the bogus headlines 
> they, or their editors have selected. But do not dismiss my legitimate 
> interest in the law enforcement legal policies adopted by companies. These 
> policies are often just as important, yet impossible to verify, even when 
> companies publish their source code.
> 
> Cheers,
> 
> Chris
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