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Comment by intricatedetail | Hacker News Reader

How do you know you had to? Companies send such data out of fear. Many jurisdiction require prosecutor or judge to sign request. Giving police data just like that may be against the law. One of reasons small websites die, because they have no money for legal advice.

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It was a signed request by a prosecutor after having been quizzed about what data they could get. I would never freely hand over such data.

Are you sure "a signed request by a prosecutor" was enough to require you to hand over the data?

That's not a warrant signed by a judge. I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it?

Sounds like a violation of 18 U.S. Code § 242. Deprivation of rights under color of law - https://www.law.cornell.edu/uscode/text/18/242

and 18 U.S. Code § 241. Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241

> I'm not judging you but I want to clarify, this was merely a request from a prosecutor, with no warrant covering it?

Sounds something like a subpoena, not a request; these are (in many systems) issued and signed by attorneys, not judges. Now, if there is a legal argument that the material is not subject to subpoena, in the US a motion to quash is available, and something similar may be available in other systems, but they aren’t mere requests, they are obligatory unless successfully quashed.

Dutch (public) prosecutor, which in Dutch law do have the force of law.

Some prosecutors will charm you into cooperation.

A request by a prosecutor is an informal request.

A search warrant signed by a judge is a formal demand.

Your corporate data policy will dictate whether you can share customer information without a search warrant or a subpoena.

Was it mandatory to comply with such a request? I was under the impression that mandatory court orders need to be signed by a judge (not a prosecutor).

Many companies will comply with a police investigation, warrant or not. You can't reply on third parties demanding a warrant before they release your information to someone with a badge.

The request was signed by a Dutch prosecutor (Officier van Justitie) In the Netherlands, not complying can result in a jail sentence with a maximum of 3 months [1].

I do believe this request was pushing the legal boundaries as the law describes the request should be as specific and narrow as possible [0]. (with "as possible" being a rather big loophole)

(Dutch)

[0] https://maxius.nl/wetboek-van-strafvordering/artikel126nd

[1] https://maxius.nl/wetboek-van-strafrecht/artikel184/lid1#:~:...

Ah, I think a lot of the people questioning your choice to hand over the data are US based, where a warrant signed by a judge is legally binding, but a letter from a prosecutor has no such power.

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