> On 14 Jan 2017, at 19:15, Alex Harrowell <a.harrow...@gmail.com> wrote: > The problem here is that the warrant canary concept is based on the laws of > the US, which don't apply in the UK (duh). Also, the canary has never > actually been tested in court AFAIK.
Agree with both those sentiments. And while the EU justice system does have some support for warrant canary type devices, we have Brexit to factor in being "planned" by CJEU-Extractor May. I think that were anybody to try a canary approach - I know various colleagues are planning some sort of "canary" where another piece of legislation requires them to take some action or inaction (e.g. fraud act, etc) - they'd likely find Big Brother has issued them with a court date for breaking IP Act because what they did (or didn't do) has disclosed the presence of a retention notice. I feel it would be wise to have spoken to, and lined up for defence, a suitably knowledgable lawyer before planning a canary - at least to understand how expensive going through appeal, super-appeal, CJEU appeal, might be! There's a few that come to mind who have been debating this subject in depth on Twitter. Marek Isalski Technical Director, Faelix Limited, https://faelix.net/
