On 2013-10-11 16:20, Yehuda Katz wrote:
Probably would not work (or would get whoever did that thrown in jail). This is similar to a Warrant Canary, but the USDoJ has indicated that Warrant Canaries would probably be grounds for prosecution of violation of the non-disclosure order.

- Y

On Friday, October 11, 2013, Adrian Zaugg wrote:


    Dear all

    After having read the whole NSA thread on this list, it came up to my
    mind that pfsense web GUI could declare itself "conform to US
    laws" upon
    the point when there are known backdoors included or otherwise the
    code
    was compromised on pressure of govermental authorities. It would
    be the
    sign for the users to review the code and maybe to fork an earlier
    version and host it in a free country, where the protection of
    personal
    data is a common sense and national security is not so much an issue.

    Regards, Adrian.



Hi Yehuda,

inspired by the keyword you dropped, I researched a little bit and found: https://en.wikipedia.org/wiki/Warrant_canary It seems that you are correct: What Adrian suggests, is called a Warrant canary. In the wikipedia article it says that: "The intention is to allow the provider to inform customers of the existence of a subpoena passively, without violating any laws. The legality of this method has not been tested in any court." Is that wrong or in conflict with what you wrote?

In the case that it would indeed be prosecuted in the USA, we could consider to host the project in another country. In this case it would be interesting to investigate what needs to be hosted elsewhere: The source code versioning control system? The company behind pfSense (ESF)?

I guess that the best solution would be to incorporate pfSense itself and untie it from ESF. Many other free software projects have done so recently. The most prominent example is Libre Office which is now "owned" by the Document Foundation (https://en.wikipedia.org/wiki/Document_Foundation). The "owned" refers to e.g. the brand name, since the software itself is free software, it is not owned by anybody.

So summarizing:
If pfSense would be incorporated as a foundation at some place (many countries would be possible) outside the USA, it could be a solution to this I guess.

Regards
Thinker Rix
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