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Comment by willcipriano | Hacker News Reader

All the courts that would issue these types of warrants will be easy to find. This isn't the sort of thing you do over a traffic ticket or shoplifting. It's not the court you go to when your neighbor owes you fifty bucks. These are murder and kidnapping cases. The people processing these warrants today are likely already on a first name basis with the clerks of these courts.

Think about it, how do you validate any court order? Why is this only a problem now? I think it's beacuse they want to side step the judicial oversight process. Keep that intact, as the constitution requires, and this issue disappears.

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Local-ish courthouse for me only has a contact info for regular business hours. So if not in business hours, then what? There's ~3200 counties (or equivalent) in the US. There's no way to be on a first name basis with the clerks of each county courthouse, let alone if you have a big county with multiple different types of courts.

As for how you validate court orders now? You largely don't. That's why it's possible to use fake court orders to take down true but unpleasant information: https://www.cnet.com/news/privacy/forged-court-papers-are-be...

Your local courthouse may not even do jury trials. It doesn't do the sort of cases that require 3AM emergency warrants. If it's that important it can go in front of a district or federal judge, otherwise it can wait for business hours.

Local police departments don't need the ability to engage a global surveillance apperatus at the drop of a hat. Stuff like that can be ran up the chain first.

> It doesn't do the sort of cases that require 3AM emergency warrants

You will be in trouble if you ignore a real warrant on this basis.

Your lawyers will probably tell you that it’s better to just take the risk of possibly complying with a fake warrant.

Who would you even give the data to if they are closed? Fax it over the the courthouse if you are concerned, or tell them it's at your location ready for pickup. If they are legit that won't be a problem.

The data is collected by the LEO, not the court. But yes, you can fax it to the law enforcement office, whose number should also be independently verifiable.

> whose number should also be independently verifiable

This is not a legal requirement. If you fail to comply with a legitimate request because you couldn’t verify the number, you go to jail.

Can you point us to an incident where this has ever happened, namely, where a service provider didn't to respond to a demand immediately while they verified its authenticity and someone went to jail for it? Or even got a finger wagged at them by a judge? Third-party records production is almost never time-sensitive to the degree that, say, a warrant to search for drugs or contraband is, and there's little risk of spoliation of evidence.

As the article points out, nobody actually verifies these requests.

So no, I can’t point you to such an incident. Have people been held in contempt for failing to comply fast enough? for sure.

You cannot conclude that because someone has been held in contempt for intentionally failing to respond to a records production request because they simply didn’t want to do it, that someone would also be held in contempt for delaying production for a few hours while they make a good-faith attempt to verify the authenticity of a request. Judges take all the facts and circumstances into account—including intent—when making these kinds of decisions, especially those that involve depriving someone of their liberty.

> delaying production for a few hours

Ah yeah, I think you are totally right. Our disagreement stems from the fact that I don’t believe that few hours is sufficient at all.

Is being unable to independently verify a request for information or a warrant a real problem, or are you just making up problems that may not actually exist?

Let's stick to reality, folks.

If you have ever received a demand from a court that you couldn't verify the authenticity of, I'd like to hear from you.

> These are murder and kidnapping cases.

They're also "we think this kid is selling marijuana" cases. Law enforcement doesn't even need a warrant, they can just send a request for data and every company will just rubber stamp it and give them whatever they want.

This is wrong, and I know several legal process departments who will tell you otherwise, e.g.,:

https://www.apple.com/legal/privacy/law-enforcement-guidelin...

Please, post about legal issues only if you know what you are talking about.

Do not forget that it is world wide. The gov has next to a signature a feature called apostille.

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