[1] https://www.macrumors.com/2018/10/05/sewell-says-fbi-never-h...
owing feudal allegiance to.
"they had for a long period been feudatory to the Norwegian Crown"
So yes, if the old chief counsel was a subject in a feudal society, this all checks out.
Apple's official statement clearly said, they're not under any form of NSL or gag order.
The prevailing logic seems to be that US courts still believe the government can't force you to say something against your will, only prevent you from saying something.
They (apple) have refuted this claim and said they're also not under any form of NSL or gag order.
Your suggestion is that both accounts are false, and that a secret government run investigation was run without Apple management's knowledge, but involving Apple datacenter staff, who are in fact under some form of NSL/gag order?
Perhaps you should go work for Bloomberg, they'll run your theory as gospel next week.
It could be that the actual story is something at some small company, which ballooned into a shit storm of assumptions and embellishment.
Saying nothing is Apple's thing. No one would question them saying nothing.
Except that a NSL can (legally) command the recipient to lie about it.
Do you have a source for this statement? As far as I'm aware, you can be compelled to remain silent but not compelled to give a false statement.
Q: Have you received an NSL? A: No. Q: Now have you received an NSL? A: Still nope. (Government issues NSL) Q: What about now? A: No comment.
^ This would be a clear canary indication that an NSL has been issued, which is in directly contradiction of the terms of the secrecy requirements laid out in the NSL. The only reasonable response (aside from supporting the ACLU and EFF to end this nonsense) is to adopt the "no comment" policy early, which most do. However Apple has now broken that strategy, if they haven't already.
They therefore are not “acting exactly as they would” without a NSL.
Making an explicitly false statement to preserve the silence about an NSL or its subject matter goes well beyond a gag order. The gag order compels your silence; it doesn't compel you to become an active participant in maintaining that silence beyond not acting to break it, let alone persuading people to believe any explanations or stories to explain it or shield the investigation the letter is a part of.
But there's another issue beyond the constitutional problems with trying to order Apple or its officers to make verifiably false statements about the existence of Chinese spy chips: any statement about said spy chips would constitute a material fact to shareholders. And it'd be a a really big one with an effect potentially measured in billions of dollars of market value, multiplied by the fact that Apple lied and destroyed every iota of credibility on privacy issues they've developed over the years. Making that statement--even if ordered to do so by an NSL--would be a blatant breach of the their fiduciary duty to shareholders and SEC regulations.
Even if compelled to do so, Apple (or its officers) literally can't make that false statement. They'd have no choice but to fight an NSL that orders them to make false statements, and even if they lost, they'd limit themselves to "no comment." So while they might be under a gag order on a given subject due to an NSL, if they're commenting about it, we can reasonably accept those comments as true. Or, at minimum, that they are their own words rather than the government's. As a hypothetical, it's plausible that they could be lying about the chips; but if so, it would be because of their own deliberate decision to do. Not that that's very likely, of course.
At this point the major wall has been breached in terms of rights, altering speech for national security, and we can no longer trust anything. If the secret courts decided they were going to compel active speech instead of compelling negative speech, what mechanism would let us know of the change? I don't think there is any
https://www.yalelawjournal.org/forum/warrant-canaries-and-di...
Specifically Section IV, subsection C
"Canaries and the First Amendment Status of Compelled Lies"
Is there a way where the government could either purposefully disclose classified information (or retroactively classify it) so as to force certain individuals into making particular statements or denials via the threat that if they said otherwise they would be guilty of disclosing classified information ...?
Didn't some leaked documents show that a 'shadow' judicial status has been created ( under post 9/11 histeria ) where, in the interest of national security, firms are allowed and even required to lie about things?
I haven’t read anything that says people/companies must lie, but I have read that they cannot divulge information due to gag orders. (See the court case Microsoft vs US Government [1] )
[0] https://en.m.wikipedia.org/wiki/United_States_Foreign_Intell...
[1] https://en.wikipedia.org/wiki/Microsoft_v._United_States_(20...
0: http://www.abajournal.com/news/article/attorneys_fired_by_gm...
Is that true in this case? My understanding is that NSLs are a subpoena with an accompanying gag order _about the subpoena_. I haven't heard of a case where an NSL was used to restrict speech in the manner you're suggesting. In other words, I believe an NSL could be used to hide government interest in such a breach, but not to hide the fact of the breach.
This is one of the main differences between the US and UK approach to classified information; there's no official secrets act in the US.
Ordinarily, yes. But what if this was double secret NSL?
What's the NSL equivalent of adding bacon?