[HN Gopher] PyPI Was Subpoenaed
       ___________________________________________________________________
        
       PyPI Was Subpoenaed
        
       Author : quercusa
       Score  : 661 points
       Date   : 2023-05-24 17:28 UTC (5 hours ago)
        
 (HTM) web link (blog.pypi.org)
 (TXT) w3m dump (blog.pypi.org)
        
       | kjkjadksj wrote:
       | I don't understand how the information requested is relevant at
       | all for any purpose. Most users of pypi merely download through
       | pip; they arent registering anything. Furthermore, I would think
       | a bad actor who would register would spoof their ip and use
       | burner accounts anyhow.
        
         | caturopath wrote:
         | > Most users of pypi
         | 
         | Presumably the 5 users in question were interesting in some
         | way, not just random.
         | 
         | > I would think a bad actor who would register would spoof
         | their ip and use burner accounts anyhow
         | 
         | Maybe, but they could find that out with the information. If
         | there's a 10% chance each was sloppy or un-paranoid, there's a
         | 40% chance they get at least one piece of real info.
         | 
         | The person might not have thought they were doing anything
         | wrong. Some judge might have greenlit this for a piracy case
         | against the five maintainaers of youtube_dl{c} or something
         | silly.
        
         | buildbot wrote:
         | Correlating IP address use to something else happening at the
         | same time? Like a malware author being incredibly dumb and
         | using their home IP to upload PyPy packages, while IDK, using
         | that same IP as a C&C server endpoint.
        
           | shadowgovt wrote:
           | They may not even need to have slipped up and direct-
           | connected via their home IP. The FBI has sufficiently
           | compromised subsets of Tor in the past to do correlative
           | attacks on specific targets.
        
       | scrum-treats wrote:
       | It would be great to see this for VS Code extensions as well.
        
       | aa_is_op wrote:
       | By the number of malicious packages that site has hosted over the
       | past few months, this was only a matter of time.
       | 
       | I've lost track of the number of "white hats" that contact us
       | with extortion requests after they used some dependency confusion
       | attack.
        
         | Mystery-Machine wrote:
         | Why is it an extortion request and "white hats" if they have
         | successfully found a security issue in your project and
         | reported it to you, without actually exploiting it? Would you
         | rather them not report it to you or even worse, exploit it?
        
           | JadeNB wrote:
           | > Why is it an extortion request and "white hats" if they
           | have successfully found a security issue in your project and
           | reported it to you, without actually exploiting it?
           | 
           | Presumably because there is some demand for compensation
           | before disclosure?
        
           | dahwolf wrote:
           | Pay me or I will harm you is extortion, as simple as that.
           | 
           | There's an entire industry now of people that check known
           | vulnerabilities (so they don't invent anything themselves) in
           | software/packages and cross check this against outdated
           | websites, at a very large scale.
           | 
           | They have no morals or security ethics, they barely even have
           | knowledge, they just want to make money with the least amount
           | of effort possible.
           | 
           | Don't ever pay them a cent. They're just as ruthless as
           | spammers.
        
             | autoexec wrote:
             | If several groups of people who "barely even have
             | knowledge" can profit from checking for well known
             | vulnerabilities on websites and reporting them I say more
             | power to them.
             | 
             | If there is an entire industry of people doing low effort
             | work which then discovers vulnerabilities on a company's
             | website that company should pay them, and probably fire
             | some people they've already been paying for not putting in
             | even that much effort to secure their own stuff.
             | 
             | Who is less ethical? The people reporting vulnerabilities
             | and wanting to be paid for it or the companies who don't
             | bother to invest in even basic security practices putting
             | people's data at risk and allowing scammers and hackers to
             | leverage those insecure systems to hurt others?
        
               | dahwolf wrote:
               | The word "companies" is doing a lot of work in your rant.
               | 
               | The vast majority of websites on the internet do not have
               | a team behind them. That's exactly the reason why they
               | lack maintenance.
               | 
               | So they're not intimidating well-funded companies,
               | they're intimidating that nice guy that in 2003 build a
               | website for the local bridge club. Volunteering his time
               | and money to do so.
        
           | cjsawyer wrote:
           | Sounds like they're the ones who implemented the bad code in
           | the first place, as a honeypot. That just extortion with
           | extra steps.
        
         | passion__desire wrote:
         | Why can't PyPI safeguard popular packages by making sure that
         | new packages are few (4 or 5) edit-distance away to make sure
         | popular ones don't get intermixed with malicious packages. Is
         | that difficult to implement?
        
           | rocqua wrote:
           | pip-env, pipe, pipes, sip, siv, lipo, etc Are all within an
           | edit distance of 4 from pip, and would all be blocked.
           | 
           | Besides 'dependecy confusion' is not typo-squatting at all.
           | It is about having a public package that masks the name of a
           | private package repo. The default behavior of pip is to then
           | use the public repo, which can let outsiders who know
           | internal package names totally take over those internal
           | packages.
        
         | accrual wrote:
         | Is it still "white hat" if money or a transaction is involved?
         | My understanding is it's either black hat, the exploit is sold
         | for money. Red team, you paid to be exploited for your own
         | benefit. Or white hat, an exploit was found and it's
         | communicated to limit black hat and red team. White hat + money
         | would just be gray hat or blackmail.
        
           | rocqua wrote:
           | White hats can still get bug-bounties. Though if a company
           | hasn't published such a bounty and a hat 'extorts' the bounty
           | by demanding payment or else they will publish, that hat has
           | a tint of grey.
        
       | hajimuz wrote:
       | Dude I thought it's Chinese Gov. Hey, America!!!
        
       | rendx wrote:
       | Way too much unnecessary data collected and stored as usual. But
       | one of the best transparency reports ever. Thanks PyPI!
        
       | tomjen3 wrote:
       | >We will not be releasing the usernames involved publicly or to
       | the users themselves.
       | 
       | They point out that they are not subject to a gag order.
        
         | buildbot wrote:
         | Yeah this is interesting, because they could in absence of the
         | gag order but choose not too. Unless it's not a gag order but a
         | specific don't tell these users anything?
        
           | stjohnswarts wrote:
           | I doubt any investigators worth their salt would let the
           | people they're investigating know that they are investigating
           | them before they're ready to charge them.
        
       | svaha1728 wrote:
       | If it takes subpoenas to get package management fixed in Python
       | so be it. Can the Rust Crates.io team take over Python management
       | as well?
        
       | firstlink wrote:
       | > associated with the subpoenas received in March and April 2023.
       | 
       | Oddly specific wording there. It would seem they have received
       | additional subpoenas outside that timeframe which do have gag
       | orders, and someone slipped up and failed to put the gag orders
       | in these particular subpoenas.
       | 
       | Seems like the DOJ may be doing some long-term fishing for, what,
       | software developers? First the DOJ came for the conservatives,
       | and I said, "go get 'em!" because I wasn't a conservative; next
       | the DOJ came for ____?
        
         | burnished wrote:
         | Step one: have position and power as part of a dominant group
         | 
         | Step two: style yourself as an oppressed minority
         | 
         | Step three: defend any action, decision, or position as a
         | persecuted martyr
        
         | bratbag wrote:
         | It's interesting how you manage to leap from what is probably a
         | supply chain attack investigation straight into a pErSeCuTeD
         | CoNsErVaTeS conspiracy.
        
         | metiscus wrote:
         | Across the ages, government has applied a disproportionate
         | level of scrutiny to groups and people perceived as dissidents,
         | minorities, and anyone else who could potentially be conceived
         | as a threat to institutional power regardless of the magnitude
         | of the threat or if that threat is true or false. Historically
         | this is a bipartisan issue, for decades the FBI vigorously
         | attacked anti-war groups, black civil rights groups, and
         | various left wing groups via COINTELPRO. I guess to summarize,
         | the way I think of it is that the government is coming for
         | anyone they see as a potential threat and it doesn't matter
         | what the politics of that group are.
        
       | wongarsu wrote:
       | > We have waited for the string of subpoenas to subside, though
       | we were committed from the beginning to write and publish this
       | post as a matter of transparency, and as allowed by the lack of a
       | non-disclosure order associated with the subpoenas received in
       | March and April 2023.
       | 
       | That's suspiciously specific. Sounds to me like they also
       | received some other subpoenas they aren't allowed to talk about.
        
         | VWWHFSfQ wrote:
         | I think it just sounds like the three subpoenas they received
        
           | wongarsu wrote:
           | I'm not sure I'd call three subpoenas "a string of subpoenas"
           | even if it's technically correct. But I'm more talking about
           | specifically mentioning that the subpoenas from March and
           | April 2023 don't have a gag order. Why mention those months
           | specifically if in the other months they didn't receive any?
           | The natural thing would have been to end the sentence six
           | words earlier.
        
             | dragonwriter wrote:
             | > I'm not sure I'd call three subpoenas "a string of
             | subpoenas" even if it's technically correct
             | 
             | I would if the sequence was such that the receipt of
             | eachbof thr subsequebt ones delayed writeup of the overall
             | incident in the interest of completeness or because there
             | was some relationship between them
             | 
             | > the subpoenas from March and April 2023 don't have a gag
             | order. Why mention those months specifically if in the
             | other months they didn't receive any?
             | 
             | Because you are doing an aggregate writeup of a series of
             | events and you want to convey when they occurred and why
             | you are able to do a detailed writeup.
        
             | florbo wrote:
             | It sounds more like they're addressing the inevitable "why
             | didn't you post as soon as it happened" party.
        
               | Eisenstein wrote:
               | It is perfectly clear that you are correct because trying
               | to tell anyone about confidential subpoenas could be
               | illegal.
        
               | hunter2_ wrote:
               | When it requires so much "reading between the lines" that
               | even this community doesn't have a strong consensus on
               | whether this is being (illegally) communicated or not, I
               | think it's plausibly deniable, but IANAL. Contrast with
               | well-known canaries.
        
         | dragonwriter wrote:
         | > That's suspiciously specific. Sounds to me like they also
         | received some other subpoenas they aren't allowed to talk
         | about.
         | 
         | It could be, it could also be that they were trying to
         | communicate both the timing of the subpoena string and why they
         | are able to talk about it, and there aren't any others.
        
         | samanator wrote:
         | Yep, I was thinking the same thing. What a beautiful way of
         | communicating that.
        
           | tapoxi wrote:
           | Sounds like they got a National Security Letter.
        
             | bredren wrote:
             | Does not need to be an NSL to have a non-disclosure
             | attached. Could be a relatively minor (not very spooky)
             | federal investigation.
        
               | ajsnigrutin wrote:
               | How does that work with in combination of freedom of
               | speech? Is it one of those cases, where someone has to be
               | brave/foolish enough to disobey and take it to the
               | supreme court?
        
               | mike_d wrote:
               | > How does that work with in combination of freedom of
               | speech?
               | 
               | The government is not preventing you from expressing your
               | free thoughts and opinions. They are compelling you to
               | not disclose the details of something you had no
               | knowledge of before they asked you about it.
               | 
               | Nothing is stopping you from writing a blog post about
               | how it is unfair to seek records of a potential criminal,
               | but you cannot write about how it is unfair to seek the
               | records of Bob Jones when you had no other reason to
               | believe Bob was anything but a regular user.
        
               | itronitron wrote:
               | But you could post a unique blog post such as that about
               | every one of your users.
        
               | mywittyname wrote:
               | A judge signed off on it. Which means that the State made
               | a case for the subpoena to include a non-disclosure.
        
               | autoexec wrote:
               | I'm going to go ahead and guess "signed off on" was more
               | like "rubber stamped"
        
               | tracker1 wrote:
               | Most likely... but the party who was served the order can
               | file for appeal if they are willing to go that route.
               | That said, it doesn't mean any such appeal with favor the
               | party served the gag order.
        
             | amethyst wrote:
             | > I have not received a National Security Letter.
             | 
             | source: https://durbin.ee/ as of Wed, May 24 at 1:45 PM PDT
        
           | Loquebantur wrote:
           | What a weird way to think about such events.
           | 
           | Such subpoenas are clandestine surveillance of citizens by
           | their state. The problem with such types of surveillance in
           | particular is the lack of accountability.
           | 
           | How does the ethical use of this prolematic tool get
           | ascertained? Where and how is the democratic oversight
           | implemented? How is misuse treated and prevented?
        
             | whitemary wrote:
             | > _Where and how is the democratic oversight implemented?_
             | 
             | What democratic oversight? This is the United States we're
             | talking about lol.
        
             | blibble wrote:
             | as a foreigner (in terms of the US), I've never understood
             | how these gag orders are compatible with the First
             | Amendment
             | 
             | often there's posts on HN about how the UK and all other
             | Western European countries are totalitarian because they
             | don't have unrestricted free speech
             | 
             | but then apparently the police (FBI) can restrict the free
             | speech of Americans without any court involvement at all?
             | 
             | I really don't understand
        
               | xupybd wrote:
               | I don't like these gag orders but I can see times when
               | they are needed. Each person has a right to a fair trial.
               | So the courts sometimes have to suppress information from
               | the public to avoid potential jurors seeing information
               | about the case. They must only judge guilt based on what
               | they hear in court not in the media.
        
               | yrnameer wrote:
               | There are plenty of laws that aren't compatible with our
               | constitution. Judges will laugh a lawyer out of the
               | courtroom who uses constitutional arguments, and your
               | case will go nowhere.
        
               | [deleted]
        
               | komon wrote:
               | Well, due process is a right co-equal to free speech, so
               | which rights override which others in which circumstances
               | will come down to legal precedent.
               | 
               | My understanding is that the FBI or other non-judicial
               | body cannot unilaterally issue a gag order. Subpoenas and
               | gag orders related to them are granted by judges.
               | 
               | (Which isn't to say that the relationship between the
               | judicial branch and law enforcement bodies is always pure
               | and equal)
        
               | patrick451 wrote:
               | They aren't compatible with the first amendment. But at
               | this point, those rights are a joke and and all three
               | branches of our government regard the constitution as
               | toilet paper.
        
               | jakeinspace wrote:
               | Gag orders do require a court, just not a jury or an open
               | hearing. I agree that they should be unconstitutional.
        
               | [deleted]
        
               | make3 wrote:
               | the fbi is overseen by elected officials, and by laws
               | that were voted for it. it's not perfect but that still
               | makes a huge difference.
        
               | bboygravity wrote:
               | That explains the whole Trump Russia ties investigation
               | by the FBI I guess?
               | 
               | Doesn't seem to healthy for any nation that is supposedly
               | democratic?
        
               | Loquebantur wrote:
               | Look at this thread.
               | 
               | People engage in childish fantasies featuring themselves
               | in imaginary subversive behavior.
               | 
               | It's unresolvable cognitive dissonance leading to
               | repressing and reinterpreting the cause.
        
               | wolverine876 wrote:
               | Civil rights, including those in the First Amendment, are
               | not absolute. Regarding speech, you also can't harass
               | people, threaten them, defraud them, incite violence,
               | distribute copyrighted information that isn't yours,
               | interfere with others' activities (sing loudly in a movie
               | theater), etc. Private entities such as your employer can
               | restrict your speech in many ways.
               | 
               | > often there's posts on HN about how the UK and all
               | other Western European countries are totalitarian because
               | they don't have unrestricted free speech
               | 
               | I haven't seen these posts. Do you have an example handy?
        
               | blibble wrote:
               | > I haven't seen these posts. Do you have an example
               | handy?
               | 
               | here's one from earlier in the week:
               | https://news.ycombinator.com/item?id=36000459
               | 
               | they're pretty common, here's another one:
               | https://news.ycombinator.com/item?id=35617773
        
               | weinzierl wrote:
               | Then following up on blibble's question: What _is_ the
               | difference to the UK and other western countries that
               | mostly also have free speech with what looks to me very
               | similar restrictions?
               | 
               | Honest question, like blibble, I don't really understand
               | it either?
        
               | damiankennedy wrote:
               | In New Zealand where we don't have a specific
               | constitution or amendments we have a set a laws that end
               | up in the same place. An example is libel, which both
               | countries have laws against. In NZ such laws are debated
               | in parliament and voted on just as in the US. However in
               | the US there was an additional objection based on it
               | violating the first amendment but then the law was made
               | anyway so it seems politicians in the US can make laws
               | that override amendments in specific situations. The US
               | also has their Supreme Court which seems to play a far
               | more active role than NZ's and also more powerful in that
               | it can creates precedents in the interpretation of laws
               | for example allowing students to wear items of symbolic
               | protest in school.
        
               | all2 wrote:
               | The US's first amendment is rather unique amongst Western
               | nations. Basically it says "the government cannot
               | infringe on this inalienable right", that is the
               | government cannot govern speech. Here's the actual
               | language                   Congress shall make no law
               | respecting an establishment of religion, or prohibiting
               | the free exercise thereof; or abridging the freedom of
               | speech, or of the press; or the right of the people
               | peaceably to assemble, and to petition the Government for
               | a redress of grievances.
               | 
               | The key phrase "or abridging the freedom of speech, or of
               | the press".
               | 
               | As far as I know, this kind of language is absent from
               | other Western nations. For example, Canada jails people
               | for criticizing those of Islamic persuasion. [0] Note,
               | the article doesn't record what the accused actually
               | said. Here's a wikipedia overview of hate speech laws by
               | country [1], though it is wikipedia, so take it with a
               | grain of salt. Here's a somewhat relevant piece from
               | _Reason_ that takes an anti-hate-speech stance [2] where
               | the author details the unconstitutionality of hate speech
               | laws.
               | 
               | "Free speech" as we understand it in the US is unique in
               | the world.
               | 
               | As far as the restrictions at state and federal level,
               | these are considered unconstitutional, and you'll see a
               | large number of them struck down in various courts across
               | the country. Those in power definitely seek to expand
               | their powers and fortunately we have a law that allows
               | the citizenry to push back against that.
               | 
               | [0] https://www.cbc.ca/news/canada/hamilton/muslim-
               | hate-1.614516...
               | 
               | [1]
               | https://en.wikipedia.org/wiki/Hate_speech_laws_by_country
               | 
               | [2] https://reason.com/2021/05/20/teen-arrested-under-
               | connecticu...
        
               | nceqs3 wrote:
               | You seem to be misunderstanding the First Amendment.
               | CSMA, classified information, defamation, copyright, etc.
               | are all not permitted under the first amendment. Not to
               | mention that gag orders are approved by a court and can
               | be appealed.
        
               | blibble wrote:
               | > Congress shall make no law respecting an establishment
               | of religion, or prohibiting the free exercise thereof; or
               | abridging the freedom of speech, or of the press; or the
               | right of the people peaceably to assemble, and to
               | petition the Government for a redress of grievances.
               | 
               | seems pretty clear to me, at least for gag orders
               | 
               | less so for the other stuff you mentioned (could you
               | argue pirated Disney movies are speech? probably not)
        
               | dragontamer wrote:
               | And the writers of the 1st Amendment went on to pass the
               | Sedition act of 1798.
               | 
               | > That if any person shall write, print, utter. Or
               | publish, or shall cause or procure to be written,
               | printed, uttered or published, or shall knowingly and
               | willingly assist or aid in writing, printing, uttering or
               | publishing any false, scandalous and malicious writing or
               | writings against the government of the United States, or
               | either house of the Congress of the United States, or the
               | President of the United States, with intent to defame the
               | said government, or either house of the said Congress, or
               | the said President, or to bring them. or either of them,
               | into contempt or disrepute; or to excite against them, or
               | either or any of them, the hatred of the good people of
               | the United States, or to excite any unlawful combinations
               | therein, for opposing or resisting any law of the United
               | States, or any act of the President of the United States,
               | done in pursuance of any such law, or of the powers in
               | him vested by the constitution of the United States, or
               | to resist, oppose, or defeat any such law or act, or to
               | aid, encourage or abet any hostile designs of any foreign
               | nation against the United States, their people or
               | government, then such person, being thereof convicted
               | before any court of the United States having jurisdiction
               | thereof, shall be punished by a fine not exceeding two
               | thousand dollars, and by imprisonment not exceeding two
               | years.
               | 
               | Welcome to America. Our laws contradict each other and
               | its all about politics. The Supreme Court figures out
               | where the line is drawn and what is, or isn't, legal
               | according to the Constitution.
               | 
               | With regards to 1st Amendment, the limit is drawn today
               | at Libel, Slander, "Fire in a Crowded Theater",
               | pornography, and many other restrictions upon "free
               | speech". Gag orders included.
        
               | blibble wrote:
               | surely that Act is by definition unlawful?
               | 
               | I still don't really understand
               | 
               | in the UK: Parliament has unlimited power and people talk
               | quite a bit about formal constitutions being a good model
               | to be followed
               | 
               | it seems a bit sad the attempt to protect the population
               | against government using a formal constitution doesn't
               | seem to work in reality (even when the wording is as
               | clear as day)
        
               | dragontamer wrote:
               | > surely that Act is by definition unlawful?
               | 
               | Whose definition?
               | 
               | Answer: The Supreme Court decides the definition of
               | things. Its only unconstitutional if the Supreme Court
               | says so.
               | 
               | That's how the USA can get away with... I dunno... the
               | Office of Censorship in 1941.
               | (https://en.wikipedia.org/wiki/Office_of_Censorship).
               | Definitions change, not only due to different members on
               | the Supreme Court, but also due to different
               | circumstances (WW2 meant that the Supreme Court was
               | willing to ignore the obvious incursion into the 1st
               | Amendment, at least temporarily)
               | 
               | EDIT: I always forget that it was actually the Office of
               | War Information that did the Hollywood Censorship thing (
               | https://en.wikipedia.org/wiki/United_States_Office_of_War
               | _In...), rather than the Office of Censorship.
        
               | blibble wrote:
               | > Whose definition?
               | 
               | I guess that's the underlying problem
               | 
               | I'm not sure how you fix it really, though not having
               | direct political appointees as top judges might be a good
               | start
               | 
               | (maybe put an LLM in charge of a supreme court? I kid, I
               | kid)
        
               | dragonwriter wrote:
               | > With regards to 1st Amendment, the limit is drawn today
               | at [...] "Fire in a Crowded Theater"
               | 
               | No, and it never was. That was an _obiter dictum_ that
               | didn't accurately reflect the state of the law in the
               | decision in which it appeared, and the actual holding in
               | that case itself (now regarded as an intense intrusion on
               | core political speech) is no longer operative.
               | 
               | It's a catchy turn of phrase that gets stuck in the mind,
               | but it was also an rhetorical device neither in a
               | decision that has since been substantively overruled, not
               | an actual example of an existing limit on free speech.
        
               | dragontamer wrote:
               | Well, if that particular phrase is poisoned, I guess I
               | could just say "Hobbit" instead, which is owned as a
               | trademark IIRC by the Tolkien estate and they're very
               | litigious about it.
               | 
               | You can't say "Hobbit" in your own stories. But you can
               | say "Halfling", and that's how people tend to get around
               | that problem. Blonde Thor is Disney/Marvel (Historical
               | Thor was a redhead IIRC, so Blonde Thor is Disney/Marvel
               | Trademark), etc. etc. Plenty of restrictions on Free
               | Speech in practice.
        
               | dragonwriter wrote:
               | > You can't say "Hobbit" in your own stories
               | 
               | You can, though.
               | 
               | You can't use it to _market_ your stories or other
               | products, and there 's some manners of use innthr body of
               | a book that might run some risk of liability for dilution
               | or tarnishment, but...
        
               | RobotToaster wrote:
               | >"Fire in a Crowded Theater"
               | 
               | That one's apparently a myth.
               | 
               | https://reason.com/2022/10/27/yes-you-can-yell-fire-in-a-
               | cro...
        
               | dragontamer wrote:
               | Libertarian website argues Libertarian viewpoints. News
               | at 11.
               | 
               | I'm more inclined to believe Supreme Court Justice Alito
               | over a Libertarian website. Especially because a sitting
               | Supreme Court Justice literally will preside over the
               | case and make a decision based on their own
               | ethics/process/whatever.
               | 
               | An entire article that starts off with "BTW: Supreme
               | Court Justice is wrong on subject" is... well... that's
               | not how this works. The Supreme Court justice literally
               | defines (or at least, is 1/9th of the definition) of our
               | country's legal interpretation.
               | 
               | If the Supreme Court says "Obamacare is a tax", then its
               | a tax. No if, and, or buts about it. It can be as
               | ridiculous or contrived an argument they want, its the
               | purview of the Supreme Court. They are the final say on
               | any of these legal matters.
               | 
               | And unless "reason.com" (or any other libertarian source)
               | somehow manages to get the ear of the other Supreme Court
               | Justices to believe their argument, I think I can safely
               | ignore their article there.
               | 
               | But they know that. I'm guessing they're just trying to
               | clickbait readers and make somewhat sketchy arguments for
               | more clicks + plant more articles that are aligned to
               | libertarian values (as is the point of reason.com).
        
               | [deleted]
        
               | SllX wrote:
               | 1. It was _falsely_ shouting fire in a crowded theater,
               | and it was not formative of the opinion itself (Schenck
               | vs United States) but rather an aside.
               | 
               | 2. Schenck vs United States was largely overturned by
               | Brandenburg vs Ohio, but this aside was still non-
               | jurisprudential.
               | 
               | 3. I am unfamiliar with Justice Alito's opinion on the
               | matter and you didn't cite it, so with no context I will
               | only temporarily defer to you for the purpose of saying
               | this: SCOTUS makes jurisprudence through the rulings and
               | opinions they hand down when they take a majority vote in
               | conference, draft opinions and sign on to them. One
               | Justice does not make jurisprudence over a statement
               | which itself was never jurisprudential.
               | 
               | Reason wears their ideological stripes on their sleeves,
               | but this is still essentially a myth that doesn't die and
               | a fuller explanation of it isn't a matter of ideology.
               | 
               | You still shouldn't falsely shout fire in a crowded
               | theater, as people will die. You also shouldn't pretend a
               | fire isn't there or part of the show either as people
               | will also die. Basically, if there's a fire in a theater
               | you're in, just be glad for modern building and fire
               | codes.
        
               | dragontamer wrote:
               | > 2. Schenck vs United States was largely overturned by
               | Brandenburg vs Ohio, but this aside was still non-
               | jurisprudential.
               | 
               | This here is the evolving nature of the court that I want
               | to highlight most of all however.
               | 
               | In 1919, the Supreme Court believed one thing. Later, in
               | 1969, half-a-century later, it believed another thing and
               | overturned the earlier ruling.
               | 
               | As an organization, the Supreme Court tends to try to be
               | consistent. But its not always true, and certainly in
               | these days where we've had a dramatic change in the
               | makeup of the court + filled it with young justices,
               | we're going to see a big change in how the court writes
               | opinions in the years, and decades, to come.
               | 
               | -----------
               | 
               | Laws are written. Constitutional Amendments are written.
               | A few years ago, the 4th Amendment protected a woman's
               | right to privacy and therefore Abortion. That's no longer
               | true today. Etc. etc. Just a modern quickie example about
               | how changing opinions can change our understanding of
               | long-standing laws (or Constitutional Amendments) from
               | the 1700s.
               | 
               | Generally speaking, the Supreme Court is trying to do
               | what's right for our court system. To have laws
               | interpreted consistently over time, and across the
               | country.
        
             | ajross wrote:
             | > Such subpoenas are clandestine surveillance of citizens
             | by their state. The problem with such types of surveillance
             | in particular is the lack of accountability.
             | 
             | I never know how to interpret statements like this. The
             | fourth amendment guarantees court oversight over search and
             | seizures. A court signs off on every subpoena issued
             | anywhere in the USA. Are you making this argument from the
             | perspective of "I didn't know courts were involved" or "I
             | don't view courts as sufficient oversight".
             | 
             | If it's the latter... what's your alternative? Eliminate
             | gag orders (which is all this is) entirely? You realize
             | that there's a lot of stuff that happens in courts that we
             | all agree should not be public, both for privacy and law
             | enforcement reasons. Why get upset over this one particular
             | thing?
        
             | riazrizvi wrote:
             | The USA is a country of laws. It's possible that people
             | submitting packages are submitting illegal malware;
             | spyware, ransomware, software to steal crypto money, or run
             | illegal ticket-buying bots. Ethical oversight is baked into
             | the institutions through governance structures.
             | Institutions aren't perfect. Also there tend to be more
             | complaints in the media about a country's institutions than
             | in regions where there is not a free press. So the voices
             | complaining online don't necessarily correlate with where
             | the problems most lie.
        
               | [deleted]
        
               | Loquebantur wrote:
               | Describing the US as a country of laws is a little funny.
               | The mere existence of laws does not imply much.
               | 
               | Your examples are even weirder. How would such
               | malfeasance justify clandestine observations? That is
               | clearly disproportional, thus unethical.
               | 
               | Claiming governance structures were "baked into"
               | institutions is pure hopium. Democratic oversight means,
               | there must be transparency enabling you as a citizen to
               | detect and react to misconduct, at least by proxy.
               | 
               | The "free press" isn't free to report and investigate
               | such subpoenas, obviously.
        
               | williamcotton wrote:
               | If law enforcement was never allowed to engage in
               | clandestine operations then it would hamper their ability
               | to build a case against and/or apprehend criminals. Case
               | in point, organized crime syndicates.
               | 
               | This is why the majority of your fellow citizens disagree
               | with you and are fine with the current state of affairs.
        
               | yrnameer wrote:
               | > Ethical oversight is baked into the institutions
               | through governance structures.
               | 
               | Kind of a shocking assumption to make. Over the past
               | several decades it has become increasingly apparent how
               | our governing structures have no inherent relationship
               | with ethics.
        
             | lazide wrote:
             | At least they get to subtly communicate they can't talk,
             | instead of being Jack Ma'd.
             | 
             | The constitutional justification is the same one behind not
             | being allowed to yell 'fire' in a crowded theatre if there
             | is none, or not being able to go on TV and threaten the
             | Judge overseeing your case - 'the constitution is not a
             | suicide pact'. [https://en.wikipedia.org/wiki/The_Constitut
             | ion_is_not_a_suic...]
             | 
             | As to if it is being abused? Guaranteed. Being prevented?
             | Not effectively. Only the occasional leak of the abuse and
             | corresponding consequences (if any) seem to be
             | counteracting it, and even then not well.
             | 
             | Sunlight is the best disinfectant, and most of the national
             | security apparatus is solidly in the dark, and has been for
             | a long time.
        
             | mike_d wrote:
             | > How does the ethical use of this prolematic tool get
             | ascertained? Where and how is the democratic oversight
             | implemented? How is misuse treated and prevented?
             | 
             | I can't speak specifically to this case, but in general
             | when asking a judge for the warrant they also provide
             | compelling evidence that harm would come from disclosure.
             | The judges weigh the rights of the targeted and other
             | parties that would be subject to a gag order against the
             | greater good.
             | 
             | To answer your last two questions, all gag orders
             | eventually expire. It isn't a prohibition against the
             | impacted party speaking out, just a delay. They can go
             | directly to the judge or appeal to a higher court.
        
               | yunohn wrote:
               | > It isn't a prohibition against the impacted party
               | speaking out, just a delay.
               | 
               | It's exactly this "it's totally fair, surely it's not
               | ridiculous" attitude that shows how the powers control
               | the people.
               | 
               | Gag orders and secrecy agreements can definitely be
               | indefinite and regularly are.
               | 
               | https://web.archive.org/web/20220809113138/https://cdt.or
               | g/i...
        
       | tru3_power wrote:
       | Is this related to that Microsoft disclosure?
        
       | whimsicalism wrote:
       | > as allowed by the lack of a non-disclosure order associated
       | with the subpoenas received in March and April 2023.
       | 
       | Yeah no way they haven't had other subpoenas then.
        
       | junon wrote:
       | Good on the PyPi folks. This is an incredibly well done
       | disclosure, an example to be sure.
        
       | BrandoElFollito wrote:
       | I wonder why such organizations that hold critical data for the
       | community at large do not use an international canary system.
       | 
       | Should one of the countries issue an order, the ones outside of
       | its jurisdiction can openly disclose the information. Say if the
       | US forces the US entity to not do something, the French one sees
       | it and can warn all users.
        
         | detaro wrote:
         | "I've been ordered not to tell the details, but I know you will
         | publish them, so I'm going to tell you the details" is not
         | going to be taken as "obeyed the order" by law enforcement or
         | courts.
        
           | BrandoElFollito wrote:
           | Sorry but I think I do not understand (English is not my
           | first language). Who would be in trouble?
           | 
           | In case anything happens with the content of the service, the
           | detail of the changes would be made clear by someone outside
           | the jurisdiction.
           | 
           | A typical example is TrueCrypt that, one day, changed their
           | page to say to use something else instead of their product.
           | 
           | If the code was shared between several countries, the others
           | could simply publish that this and that was changes out of
           | band, and that it means that the code is now positively
           | unsafe.
        
       | sneak wrote:
       | > _" IP download logs of any Python Package Index (PyPI) packages
       | uploaded by..." given usernames_
       | 
       | This is way overbroad. The fact that a judge granted this is very
       | bad.
        
         | duskwuff wrote:
         | It's hard to say that it's "overbroad" without knowing the
         | details of the situation.
         | 
         | It's not hard at all, on the other hand, to imagine situations
         | where this would be a reasonable request. Probably the most
         | obvious would be if the packages contained material which was
         | illegal to possess or distribute (like CSAM). Another would be
         | if the packages were being used as part of a malware C&C
         | operation -- knowing what IP addresses downloaded the packages
         | would aid in determining the scope of the campaign.
        
         | kjs3 wrote:
         | We get "please provide the logged IP addresses of user X"
         | subpoenas on a weekly if not daily basis. Which law school did
         | you go to so I can tell our corp counsel they've been doing it
         | wrong and stop asking?
        
           | robryk wrote:
           | Note that GP complains not about the request for IP addresses
           | of user X, but the request for IP addresses of anyone who
           | downloaded content uploaded by user X.
        
           | tw-0981230981 wrote:
           | You should re-read the quote. This was not a request for the
           | IP addresses of the users in question, but for the everyone
           | that downloaded any packages uploaded by those users.
        
       | throw_a_grenade wrote:
       | So just yesterday PyPI announced they're retiring cryptographic
       | signatures: https://news.ycombinator.com/item?id=36044543.
       | 
       | It's hard to keep those things separated. I would very much like
       | the code submitted to PyPI be protected end-to-end by
       | cryptographic signatures, when PyPI has either no resources, or
       | no spine to stand up to a government. Any signatures, even PGP,
       | which should be in place until someone provides better mechanism.
        
       | dvt wrote:
       | Most likely caused by phishing, ransomware, or (unlikely) crypto
       | mining. I'd bet someone from some agency had credentials leaked
       | due to a malicious package. Honestly, PyPI is stuck between a
       | rock and a hard place, but having something like a "verified"
       | badge (where someone's real identity is tied to it) for certain
       | packages would go a long way to ensure some level of security.
       | 
       | The problem gets a bit hairier when dealing with dependency
       | chains, however.
        
       | snapcaster wrote:
       | Really weird, anyone have some inside gossip on what this is
       | about?
        
         | paulpauper wrote:
         | maybe to do with web scrapping, auto-posting spam, etc.
         | 
         | https://www.developer-tech.com/news/2023/may/22/pypi-suspend...
        
           | yuvadam wrote:
           | Subpoenas are from March and April, predating the spamming of
           | the past few weeks.
        
             | richbell wrote:
             | PyPI has had a pretty consistent spam problem for a while
             | now.
        
             | paulpauper wrote:
             | it likely shows that it was an ongoing problem
        
         | Retr0id wrote:
         | The most optimistic reason would be that they were
         | investigating a supply-chain attack, or something of that
         | nature.
        
           | bhouston wrote:
           | I wish it was that but those people would be smart enough to
           | not use their real name when signing up - those doing supply
           | chain attacks are often at least somewhat professional and
           | take precautions.
           | 
           | I suspect it was more about going after software that was
           | enabling piracy, those are often created by naive students
           | who are not expecting the power of government to be unleashed
           | on them.
        
             | nibbleshifter wrote:
             | > those doing supply chain attacks are often at least
             | somewhat professional and take precautions.
             | 
             | Not really.
             | 
             | The vast majority of supply chain attacks in practice are
             | idiots exploiting namespacing, bitflips, or typos on
             | pypi/npm to drop miners or infostealers.
             | 
             | Yes, even the shit tier supply chain attacks count :)
        
           | commandlinefan wrote:
           | This makes me wonder... it's entirely possible that the PyPI
           | people would be enthusiastic about helping to track down
           | offenders, and their users might agree, _if they knew what
           | the offense was_. Instead, they're presented with a typically
           | antagonistic demand for details, so they understandably get
           | defensive on behalf of their users. I wonder if there's not a
           | better, less heavy-handed way to get cooperation with law
           | enforcement when the request is reasonable.
        
             | Retr0id wrote:
             | Personally I would rather not set a precedent of handing
             | data over to government agencies just because they ask
             | nicely, even if it seems like it's for a mutually agreeable
             | good cause. That is, I would rather they go through these
             | "formal" channels, even if it seems a bit heavy-handed.
             | 
             | Further, whatever they're investigating here is probably
             | "important", for some definition of important, so they
             | likely value the ability to lean on non-disclosure clauses
             | etc.
        
         | jamesmurdza wrote:
         | It could be related to the large number of malicious or booby-
         | trapped packages that have been uploaded recently to the index.
        
         | foota wrote:
         | My guess? A hacking case against someone for typosquatting or
         | malicious packages or something.
        
         | guhcampos wrote:
         | Could be anything I guess, even legitimate reasons. T Think of
         | the supply-chain attacks going on in the past few years. I'd
         | say investigating these would be a legitimate reason for a
         | subpoena.
        
         | [deleted]
        
       | jehb wrote:
       | Suggestion: Start slipping unique URLs into the "hidden" backend
       | fields of systems where you'd like to know if your data was
       | breached, improperly used, or handed over to a three letter
       | agency.
       | 
       | Suddenly getting hits at mydomain.com/[uuid]? At least you know
       | somebody has looked at the data, or at the very least fed it
       | through some processing tool that is extracting and visiting the
       | URLs.
        
         | mmsc wrote:
         | This is called a canary and can be used in so many places:
         | https://blog.thinkst.com/2022/09/sensitive-command-token-so-...
        
         | austinjp wrote:
         | I'm pretty sure I've seen a SaaS that does this, but I can't
         | remember the name.
        
         | tailspin2019 wrote:
         | https://canarytokens.org
        
       | tgbugs wrote:
       | One theory that I don't see mentioned yet is that someone used an
       | upload to pypi to exfiltrate data or simply as a way to upload
       | arbitrary data somewhere. In a sense pypi is just a file hosting
       | service, so it could have nothing to do with any actual python
       | projects at all.
        
         | rocqua wrote:
         | Interesting approach to data exfil. Though it seems predictable
         | that exactly this kind of subpoena would be issued. If you can
         | predict it, you can probably mitigate it.
         | 
         | Which means the subpoena would only be useful if the criminals
         | made an opsec mistake. That is generally how most sophisticated
         | criminals get caught, but here it feels like anyone inventive
         | enough to try will probably also be prudent enough not to leave
         | a trail.
        
       | Zetice wrote:
       | Dumb legal question; what's the difference, if any, between
       | "We've been subpoenaed" and "Someone had a warrant for data"?
        
         | paxys wrote:
         | Warrant = we (police or other authority) have the right to come
         | and search your property for evidence.
         | 
         | Subpoena = the court compels _you_ to hand over the evidence we
         | need.
        
           | woodruffw wrote:
           | Subpoenas are orders, but they're not necessarily court-
           | issued. Warrants, on the other hand, _are_ court-issued --
           | the police can 't issue warrants on their own in the US.
        
             | rocqua wrote:
             | A warrant for a things isn't an order to the owner of that
             | thing. It's an order to (and peemission for) officers to go
             | and seize the thing.
             | 
             | You get shown the warrant to prove that they have
             | permission, not to order you to comply.
        
               | woodruffw wrote:
               | Yes, I'm aware -- my other comment says that.
               | 
               | I realize this comment is a little ambiguous: the order
               | in the warrant case is an order by the court _to the
               | court 's officers_ to perform an arrest, seizure, etc.
               | It's not an order for you (the subject of the warrant) to
               | comply.
        
             | [deleted]
        
         | woodruffw wrote:
         | Not a dumb question: a subpoena is an order to provide
         | information or access, while a warrant is a court-issued
         | document authorizing the government (or an agent of the
         | government) to perform an act (e.g., an arrest, or seizure of
         | an item).
         | 
         | Subpoenas can be issued by attorneys (including prosecuting
         | attorneys) as part of the investigative and discovery
         | processes.
        
           | indymike wrote:
           | Subpoena = "Ask firmly, but nicely"
           | 
           | Warrant = "Back up the van and haul it away"
        
         | schoen wrote:
         | The subpoena is a command to the possessor of the data, which
         | tells the possessor of the data to produce it, with a
         | particular deadline. Since this deadline is in the future, the
         | subpoena can be challenged legally (normally by requesting a
         | court to "quash" it; more riskily, sometimes by complying
         | imperfectly or not at all, and then arguing in response to an
         | attempt to punish the noncompliance that this was reasonable).
         | A subpoena can be issued by many entities, for example
         | including some law enforcement entities themselves, or a lawyer
         | actively involved in litigation. (Yes, lawyers can personally
         | write and issue subpoenas.) The subpoena is, however,
         | _enforced_ by a court, in the sense that the court is asked to
         | punish people who fail to obey it.
         | 
         | The warrant is a command to a law enforcement officer, which
         | allows the law enforcement officer to personally go and search
         | and seize things (or people), while overriding some rights that
         | would normally prevent this. Normally it is issued by a court.
         | Generally there is no way to challenge a warrant to prevent its
         | execution, because it is not disclosed to the target before
         | it's executed (i.e., a law enforcement officer shows up with
         | the warrant and begins executing it immediately, by force if
         | necessary).
         | 
         | (Edit: I wrote above that it's risky to comply imperfectly with
         | a subpoena and then argue in court that this was reasonable,
         | but usually if _a lawyer gives a professional opinion_ that the
         | subpoena is invalid or overbroad for some reason, then the
         | recipient of the subpoena won 't be punished for following that
         | advice. The lawyer may also attempt to negotiate directly with
         | the issuer of the subpoena, for example by sending a letter
         | explaining why the the subpoena appears to be invalid. The
         | legal standards for issuance of subpoenas are also pretty
         | broad. For civil litigation, _which is not what DoJ is doing
         | here_ , they are set out in
         | https://www.law.cornell.edu/rules/frcp/rule_26; notably, they
         | can be issued to third parties.)
        
           | therein wrote:
           | Really nice response, I'm not the one who asked the question
           | but I learned something from your response.
        
       | zerealshadowban wrote:
       | They log too much data about their users.
       | 
       | So they should promptly update their policies to a) stop logging
       | so much, b) delete all past logs, and c) sharply limit the span
       | of time until deletion of whatever logs they decide they really
       | need to track for internal needs.
       | 
       | They should avoid logging, and rapidly rotate logs, to thwart
       | future subpoenas from the total surveillance state.
        
         | takeda wrote:
         | For the kind of service they are providing I think the logging
         | is appropriate.
         | 
         | I mean if DOJ is interested in PyPI logs the only reason I
         | could think of, is if it was used as a supply chain vector into
         | breaking in into other organizations.
        
         | manicennui wrote:
         | Did you bother reading the post?
        
           | Jeff_Brown wrote:
           | I didn't get very far. (Not the OP.) What's the punchline --
           | they will log less in future? They can't? They shoudln't?
        
       | einpoklum wrote:
       | Here is what I consider the key section:
       | 
       | > The privacy of PyPI users is of utmost concern to PSF and the
       | PyPI Administrators, and we are committed to protecting user data
       | from disclosure whenever possible. In this case, however, PSF
       | determined with the advice of counsel that our only course of
       | action was to provide the requested data. I, as Director of
       | Infrastructure of the Python Software Foundation, fulfilled the
       | requests in consultation with PSF's counsel.
       | 
       | The first part of this section contradicts all of the rest. If
       | user data privacy is of "utmost concern", then it is a concern
       | above fulfilling legal obligations under US law. Plus, such
       | supposed obligations must be staunchly fought before even
       | considering whether or not to observe them. So, in fact, user
       | data privacy is a minor concern for the Python Software
       | Foundation, while swift prostration towards the US federal state
       | is what's of utmost concern.
       | 
       | Of course, they almost admit it themselves. If we carefully read
       | the second clause, they don't say "we're committed to protecting
       | user data from disclosure", but - the "we're committed... when
       | possible". So, they're saying that if they believe it isn't
       | possible to protect, they have _no_ commitment to try their
       | utmost to protect. i.e. when they see fit, user data protection
       | is _not_ a concern at all. ... ok, ok, it is a public relations
       | concern.
        
       | stjohnswarts wrote:
       | I don't have a problem with this as it was 5 particular users and
       | not "give us all the data for for all your users". They didn't
       | really have much of a choice. I don't think they would have had a
       | choice in any of the 5 eyes countries or their allies
        
       | gjmacd wrote:
       | I would point to Jim Jordan and all the other Republicans after
       | January 6th who didn't honor a subpoena and toss them in the
       | trash. Nobody in our government honors them, why should we in the
       | private sector? What's going to happen, they going to raid
       | offices and get a bunch of PC's and books?
        
       | ur-whale wrote:
       | > We will not be releasing the usernames involved publicly or to
       | the users themselves.
       | 
       | Emphasis on the last part: or to the users themselves.
       | 
       | In other words: unless they actually let the users involved in
       | spite of claiming the opposite, the whole article is complete
       | posturing.
        
         | burnished wrote:
         | What a weird take
        
       | ralmidani wrote:
       | Does a "subpoena" mean a judge was involved? The post says the
       | subpoena was issued by the DOJ.
        
         | tptacek wrote:
         | It means a court is involved, but not a judge.
         | 
         |  _Edit_
         | 
         | Even that is technically wrong; some DOJ subpoenas are
         | apparently preauthorized by statute.
        
           | idlewords wrote:
           | There's a pretty extensive list of administrative subpoena
           | authority here:
           | 
           | https://www.justice.gov/archive/olp/rpt_to_congress.htm
           | 
           | tl;dr: Everyone from the Appalachian Regional Commission on
           | down can subpoena you without a court being involved. And of
           | course Congress has inherent subpoena powers.
        
             | tptacek wrote:
             | Oh, this is so cool. Thank you!
             | 
             | This is a step towards answering my noodly question earlier
             | in the thread: authorization for NDAs and "gag orders" in
             | subpoenas appears to be controlled by (varying) statutes.
        
       | etaioinshrdlu wrote:
       | Amazing how upset users here get over the very reasonable
       | response to very normal police work.
        
         | throwaway_13140 wrote:
         | Agreed - how else was the DOJ supposed to do their job? They
         | clearly need the data for an investigation. No need for PyPI to
         | give information about how current users can alter their
         | accounts to thwart future requests.
        
         | sneak wrote:
         | Normal police work doesn't go fishing for the IP addresses
         | (potentially millions of users) of everyone who downloaded a
         | package.
         | 
         | > _" IP download logs of any Python Package Index (PyPI)
         | packages uploaded by..." given usernames_
         | 
         | Do you feel the same way if the cops are receiving the IPs of
         | everyone who downloaded yt-dlp? IP addresses and timestamps
         | resolve to physical locations and oftentimes street addresses.
        
           | ranger_danger wrote:
           | In the US at least, it has been ruled that an IP address is
           | not sufficient evidence to link activity to any particular
           | person. You could have been hacked for example.
        
           | buzzscale wrote:
           | That doesn't make any sense though. What benefit would DOJ
           | get from getting the IP address of everyone who downloaded
           | ytp-dlp? They aren't the enforcement arm of google's terms of
           | service, which is a civil matter.
           | 
           | Even if they were, and the DOJ was going for a dragnet
           | operation to go after tools that could potentially infringe
           | terms of service of big corporations, they would go after
           | every tool and every fork. Not just 1 package. But again,
           | what court would allow such action and why?
           | 
           | If I was in the DOJ and was investigating a malicious package
           | uploaded to PyPI, I would ask for the IP's of the downloaders
           | to see if the uploaders dun goofed and downloaded their
           | package shortly after uploading off VPN. Or to find out if
           | any major corporations were impacted by downloading the
           | malicious package and to inform them.
        
           | etaioinshrdlu wrote:
           | (Deleted comment as it was wrongly assuming bias)
        
             | ewdurbin wrote:
             | no. they wanted the downloads by randoms. we don't store
             | those with IPs
        
             | subarctic wrote:
             | I think you're reading it wrong too - it says "IP download
             | logs of any Python Package Index (PyPI) packages uploaded
             | by the given usernames". So that's anyone who downloaded
             | those packages, not just the specific users' download
             | activity.
        
         | Vervious wrote:
         | Yeah, I feel like this crowd sometimes forgets that the
         | department of justice exists first and foremost to keep us
         | safe.
         | 
         | With PyPi hosting a ton of malicious packages and malware,
         | certainly I am not morally opposed.
        
           | winrid wrote:
           | Same with the dozen street cameras at every intersection in
           | China, right? Right? :)
        
             | unethical_ban wrote:
             | It's truly disheartening to see examples where someone
             | (presumably a real human) thinks that all law enforcement,
             | across all nations and times, and in all cases, are equal.
        
               | willdr wrote:
               | They are equal insofar as they exist for the same
               | purpose.
        
               | winrid wrote:
               | I didn't say equal, did I?
        
       | misterpigs wrote:
       | I love this level of transparency.
        
         | voynich wrote:
         | Yeah, whether necessary or not, it's still nice to have such a
         | level of detail in a transparency report.
        
         | tomjen3 wrote:
         | > We will not be releasing the usernames involved publicly or
         | to the users themselves.
         | 
         | Which is the most important part.
        
           | tptacek wrote:
           | They're not allowed to release that.
           | 
           |  _Edit_
           | 
           | I read 'chaps as saying there was an NDA on the subpoena, but
           | apparently there wasn't, so this might just be flatly wrong.
        
             | remram wrote:
             | Even in the absence of NDA, are you allowed to? Counsel has
             | apparently advised them not to. Would it not carry the risk
             | of being complicit to a crime?
        
               | kevin_thibedeau wrote:
               | Disclosing facts is not a crime.
        
             | rocqua wrote:
             | Perhaps there is no NDA on the fact that subpoenas were
             | issued, but still an NDA on whom they were issued about?
             | Limiting The scope of such an NDA feels like a plausible
             | result of negotiations after a motion to squash the
             | subpoena.
        
             | AnotherGoodName wrote:
             | The NDA isn't the only reason you don't risk interference
             | in an ongoing investigation though so regardless the basic
             | point still stands.
        
         | throwaway_13140 wrote:
         | Do you still love it if it enables a terrorist or otherwise
         | very bad person to evade capture?
        
           | evandale wrote:
           | Not OP but yeah. I don't buy into the whole "to protect you
           | from bad people I need to erode your rights" argument.
           | 
           | Never made sense to me. Terrorists and other very bad people
           | usually aren't in the business of following laws so I don't
           | know what crimes you'd prevent by weakening the rights of
           | everyone else.
        
             | M3L0NM4N wrote:
             | I mean, surveillance reduces crime. Wherever you fall on
             | the spectrum of surveillance/privacy, I can guarantee if
             | the government read everything everyone wrote/texted/read
             | and recorded their every move, there would be less crime.
        
               | menus wrote:
               | Great to know that. I'll let the parents of Uvalde know
               | how surveillance reduced crime on the 1 year anniversary
               | of the school shooting.
               | 
               | Surveillance does not reduce crime, tending to people's
               | basics needs so that they don't need to commit crimes
               | reduces crimes.
        
           | Danjoe4 wrote:
           | Yes. Truth itself stands at the top of the moral hierarchy.
           | It can stand alone without any justification. "You told the
           | truth" will never be immoral, consequences be damned.
        
           | Aachen wrote:
           | Climate activism is also being considered an act of terrorism
           | by some now (particularly some Christian party in Germany),
           | dunno if those people label themselves as 'very bad persons'.
           | Probably goes for all terrorists, but this might be easier to
           | relate to as it's grounded in reality and we'd likely agree
           | with the change they seek
           | 
           | Child porn and terrorism are the favorite subjects of
           | politicians looking to enact a new law but idk if it's good
           | to follow that thinking and use it as an example as opposed
           | to a serial killer or something
        
         | SV_BubbleTime wrote:
         | Sure. But I would love if they had considered this from the
         | start:
         | 
         | >As a result we are currently developing new data retention and
         | disclosure policies.
         | 
         | "I guess we don't actually need that" should have been the idea
         | from the start.
        
           | thih9 wrote:
           | After a quick glance at the information listed in the report
           | I didn't notice excessive data collection on pypi's part.
           | 
           | I'd say they followed "I guess we don't actually need that"
           | approach reasonably well so far and good for them if they
           | want to improve that even more.
        
         | itake wrote:
         | I can't tell if this is sarcastic.
         | 
         | While they are transparent the events happened, they are not
         | transparent about which packages and what authors are being
         | flagged, which is unfortunate.
        
           | thih9 wrote:
           | Is it possible that they can't publish that? Perhaps even not
           | allowed to say that they can't publish that?
        
           | einpoklum wrote:
           | > While they are transparent the events happened
           | 
           | Considering they are admitting they will always obey
           | government commands, including regarding non-disclosure of
           | actions to affected users, it is prudent to assume they are,
           | in fact, not transparent about events; only about those
           | events which the government has let them tell you about.
           | Other events (e.g. National Security Letters) may or may not
           | have occurred.
        
       | b33j0r wrote:
       | Why don't nerds get the same rights?
       | 
       | According to US news over the past 3-4 years, you can just ignore
       | subpoenas, then get a contributor job on a cable news network.
       | Bonus points, the more you flout the law as arrogantly as
       | possible ;p
        
       | jacquesm wrote:
       | > We will not be releasing the usernames involved publicly or to
       | the users themselves.
       | 
       | Why not to the users themselves? Have they been prohibited from
       | doing so? (TFA does not say afaict)
        
         | ruffrey wrote:
         | Often subpoenas are part of an ongoing investigation, and they
         | require not releasing information to those who's data was
         | subpoenaed.
        
         | tptacek wrote:
         | The subpoena probably includes a nondisclosure clause; a court
         | order certainly would. The mechanics of nondisclosures on
         | subpoenas is interesting and I don't totally understand it (by
         | definition, a subpoena is a document authorized by someone
         | other than a judge).
        
           | jacquesm wrote:
           | So is this message a way to obliquely signal to those users
           | (whoever they are) that they may be under investigation
           | without actual disclosure?
        
             | can16358p wrote:
             | That might get PyPI into trouble especially with a gag
             | order which we can assume that they are forced to obey and
             | forced not to talk about.
             | 
             | PyPI would pretty much want to inform the users, but they
             | probably simply can't (without getting into legal trouble).
        
             | tptacek wrote:
             | I doubt it. Most of these investigations (really: most
             | federal computer-related investigations) are super boring,
             | and are about things ordinary people wouldn't object to
             | seeing investigated.
             | 
             | We're a message board and we're thus optimized for drama
             | over truth-seeking (it's just human nature). The truth of
             | these kinds of events is usually not all that interesting.
             | If it's something more dramatic, we'll hear more about it
             | in the future. In, like, a sort of Bayesian sense, you can
             | predict that any given subpoena or court order is going to
             | be about a case nobody would bother sending warning signals
             | about.
        
               | bredren wrote:
               | > Most of these investigations (really: most federal
               | computer-related investigations) are super boring, and
               | are about things ordinary people wouldn't object to
               | seeing investigated.
               | 
               | This is true. The result may be so boring local news
               | wouldn't even cover it. In some cases you have to find
               | the investigating agency's unremarkable press release and
               | then dig for related court documents to even find out
               | what happened.
        
           | chaps wrote:
           | There was no NDA:                 "We have waited for the
           | string of subpoenas to subside, though we were committed from
           | the beginning to write and publish this post as a matter of
           | transparency, and as allowed by the lack of a non-disclosure
           | order associated with the subpoenas received in March and
           | April 2023."
        
             | steve1977 wrote:
             | ... for the suppoenas received in March and April 2023
        
               | chaps wrote:
               | Yeah, that was notably strange language for sure.
        
             | tptacek wrote:
             | Interesting! (I initially read this backwards and thought
             | you were saying they did have an NDA).
        
             | [deleted]
        
           | jsjohnst wrote:
           | > by definition, a subpoena is a document authorized by
           | someone other than a judge
           | 
           | Uhm, am I misunderstanding what you wrote, because that is
           | definitely not true. Subpoenas require an officer of the
           | court by definition (in the US anyway), which can be a judge,
           | a court clerk, or even lawyers in some jurisdictions.
        
             | tptacek wrote:
             | Can a court clerk or a lawyer unilaterally create a
             | nondisclosure requirement? It is not generally that case
             | that a lawyer, absent a judge, can send you a document
             | you're not allowed to disclose (though certainly lots of
             | C&D's try to suggest otherwise).
             | 
             | I'm sure the NDA stuff here is ironclad! I'm just curious
             | what the mechanism is.
        
               | jsjohnst wrote:
               | > Can a court clerk or a lawyer unilaterally create a
               | nondisclosure requirement?
               | 
               | If they are acting as an officer of the court, which
               | they'd need to be to sign off on a subpoena, I believe
               | the answer is yes. The mechanism is called a "gag order".
        
               | tptacek wrote:
               | For subpoenas authorized under the Stored Communications
               | Act, there's statutory authorization for DOJ to request
               | time-limited NDAs, which makes me wonder if there needs
               | to be explicit authorization for other kinds of
               | subpoenas. This is the kind of noodling I'm doing here;
               | I'm not trying to message-board my way to a first-
               | principles argument that the NDA was bogus. :)
        
               | lazide wrote:
               | It's very common for a subpeona related to an ongoing
               | investigation to include a gag order. For instance, if
               | someone is investigating someone for a crime, and
               | requests that users search history, the last thing they
               | want is for Google et al to alert the user that this
               | happened, as they may not be ready to arrest them yet and
               | the target would flee.
               | 
               | Same with wiretapping orders, or frankly a subpeona for
               | pretty much anything from a third party.
        
               | jacquesm wrote:
               | I don't follow you, which NDA?
        
             | vdqtp3 wrote:
             | > Subpoenas require an officer of the court
             | 
             | That's not entirely true.
             | 
             | https://en.wikipedia.org/wiki/Administrative_subpoena
             | 
             | Local organizations have come up with equivalents, although
             | there is less (no?) statutory support for that.
        
         | toast0 wrote:
         | The users themselves already know their own usernames,
         | presumably. They could let the users know they were subpoenaed
         | without letting them know their username. :P
        
         | shadowgovt wrote:
         | That, or they have reason to believe the investigation is
         | legitimate and they would prefer not to hinder it.
        
           | jacquesm wrote:
           | They say very explicitly that they do not know what it was
           | about.
        
             | shadowgovt wrote:
             | There's a wide gulf between concrete knowledge and belief.
             | 
             | I see an ambulance going lights-and-sirens behind me. I
             | don't _know_ they 're on their way to or from a hospital,
             | but I pull over because I have reason to believe they are.
        
               | junon wrote:
               | Weird analogy. An ambulance has a very narrow scope of
               | responsibility. Legal processes have a very wide scope.
               | Clearly this is related to a legal matter and not an
               | immediate medical matter. But the nature of the legal
               | matter could be a _very_ wide variety of things, ranging
               | from lower court civil proceedings up to treason, etc.
        
             | CodesInChaos wrote:
             | They only wrote that they weren't told what it was about.
             | However it might be obvious from the packages uploaded by
             | those users (e.g. if they uploaded malware).
        
             | weaksauce wrote:
             | they have five usernames... that can narrow down what
             | projects they were associated with pretty quickly to infer
             | if there was something nefarious about them. though it
             | could be entirely unrelated to their activity on pypi and
             | be a trawl for leads based on username similarity from some
             | other messageboard or activity that was used for
             | illegality. though, thinking about it more, that seems
             | legally dubious a reason to be able to get a subpoena
             | issued for. ianal
        
       | avgcorrection wrote:
       | > The privacy of PyPI users is of utmost concern to PSF and the
       | PyPI Administrators, and we are committed to protecting user data
       | from disclosure whenever possible.
       | 
       | Don't lead with this.
       | 
       | > In this case, however, PSF determined with the advice of
       | counsel that our only course of action was to provide the
       | requested data.
       | 
       | If you're going to say this.
       | 
       | I'm not judging their decision. Maybe not going to prison is a
       | greater concern to them. It's fine to just say that you thought
       | it was best to comply because [lawyer reasons that you don't have
       | to disclose to anyone]/ _counsel_.
       | 
       | EDIT: Or say "there are bad people out there and we trust the
       | DOJ". Whatever.
        
         | tptacek wrote:
         | Lighten up. Nobody's going to federal court to stop the DOJ
         | from investigating botnets, carding rings, and ransomware
         | scams, which is what these things are usually about. Nobody's
         | mental model of PyPI was that they had Signal's priorities.
        
           | mrguyorama wrote:
           | Then they shouldn't say protecting their users are their top
           | priority, because they have shown it is not. That's called
           | lying. A correct statement would have been "we will comply
           | with lawful LEO requests"
        
             | junon wrote:
             | How have they shown it's not, exactly? Really curious what
             | you think they could have done better aside from blatantly
             | going against laws in their jurisdiction.
        
             | adamckay wrote:
             | There's a difference between abiding by lawful court orders
             | that have gone through judicial process and a friend in a
             | police department calling in a favour.
        
             | x0x0 wrote:
             | Helping convict scammers, typo-squatters injecting
             | malicious code, etc _is_ protecting their users. Just not
             | the (likely) bad actors that are the subject of the
             | subpoenas.
        
               | hgsgm wrote:
               | The fact remains, that unless you are willing to break
               | the law, obeying the law is your top priority.
        
               | junon wrote:
               | If you're so inclined, you're welcome to make an anarcho-
               | oriented package management system yourself. PyPi has
               | never claimed to be one, though.
        
           | [deleted]
        
           | avgcorrection wrote:
           | Then all the less reason to roll out the "of utmost
           | importance" boilerplate. So what's your point?
           | 
           | Also I don't see how being light-hearted has anything to do
           | with this submission, Thomas.
        
             | davidguetta wrote:
             | Its just they have no choice. And when they do the choose
             | their "utmost priority". Its not that complicated
        
         | paulgb wrote:
         | It's a completely reasonable reading of their message to assume
         | that the "possible" in "whenever possible" roughly means
         | "legal". I don't think any reasonable reading of it means to
         | imply that they are willing to violate federal law.
        
           | HelloNurse wrote:
           | sudo give us user data
        
           | avgcorrection wrote:
           | Fair point.
        
             | Mystery-Machine wrote:
             | Oke way to protect user data is to NOT ask/collect data in
             | the first place. What's the need of person's full name and
             | address for? Maybe I'm missing the point, but I see zero
             | reasons to have this data in the first place.
        
               | [deleted]
        
               | dubbel wrote:
               | You are probably reading what data the DoJ requested.
               | Further down in the blogpost (in the "Details" section)
               | they state that they don't have a lot of the data
               | requested and exactly what kind of data they could and
               | did provide. Addresses are not requested by PyPI.
        
               | junon wrote:
               | And they state very clearly they don't have this
               | information. In fact, PyPi seems to retain a very
               | reasonable set of information, strictly related to the
               | service itself. I found this disclosure to be entirely
               | refreshing.
        
               | masto wrote:
               | If you read the whole thing, it's pretty clear they don't
               | have the person's full name and address, and thus did not
               | provide it. They do mention that it will be needed for
               | organizations that sign up for billing when that feature
               | becomes available.
               | 
               | Other than possibly IP addresses, it seems like the only
               | information they had available to disclose was close to
               | the bare minimum needed to operate the service.
        
               | avgcorrection wrote:
               | That's the best principle to follow. Agreed.
        
         | duxup wrote:
         | I don't see anything conflicting in what they said.
         | 
         | They can feel that way, and comply.
        
           | avgcorrection wrote:
           | Yeah. I was probably being a little too boilerplate (what
           | looked like) -intolerant. ;)
        
       | rektide wrote:
       | It'd be lovely to see better patterns emerge to aggregate and/or
       | anonymize data.
       | 
       | Great respect for the response. Reevaluating data retention is a
       | great move.
        
       | jupp0r wrote:
       | "9. IP download logs of any Python Package Index (PyPI) packages
       | uploaded by the given usernames"
       | 
       | This was the point where I was wondering if this is really about
       | some malicious packages or something more along the lines of
       | copyright infringement software.
        
         | femto113 wrote:
         | This definitely seems like a significant element of the ask,
         | but for any popular package a list of all the downloaders would
         | be pretty overwhelming in size (and I think of very limited
         | utility). I'm guessing that some versions of some more obscure
         | package(s) were identified as being used in an attack and
         | they're either trying to identify potential attackers or other
         | victims (or both) of that attack.
         | 
         | From a 2021 article[1] about packages used to deliver malware
         | "we have alerted PyPI about the existence of the malicious
         | packages which promptly removed them. Based on data from
         | pepy.tech, we estimate the malicious packages were downloaded
         | about 30,000 times."
         | 
         | For comparison yt-dlp has tens of millions of total downloads
         | and gets downloaded over 70,000 times every day [2]
         | 
         | [1] https://jfrog.com/blog/malicious-pypi-packages-stealing-
         | cred...
         | 
         | [2] https://pepy.tech/project/yt-dlp
        
       | NelsonMinar wrote:
       | Total speculation on my part but PyPI hosts yt-dlp, the
       | unauthorized video downloader. https://pypi.org/project/yt-dlp/
        
         | WhyNotHugo wrote:
         | Unlikely, due to:
         | 
         | > "Records of all Python Package Index (PyPI) packages uploaded
         | by..." given usernames
         | 
         | > "IP download logs of any Python Package Index (PyPI) packages
         | uploaded by..." given usernames
         | 
         | I don't think they'd want a list of packages uploaded by a
         | given user if they were after yt-dlp devs. They'd be asking for
         | a list of maintainers of a given package.
        
         | phkahler wrote:
         | Thanks, I was wondering what it might be about. That makes some
         | sense.
        
           | schleck8 wrote:
           | No it doesn't. Noone at the government level gives a shit
           | about a youtube downloader package, typosquatting would be
           | way more likely. Pypi is riddled with malware AFAIK, they
           | don't really moderate it.
        
         | ed25519FUUU wrote:
         | If yt-dlp was illegal the first thing they'd do is a takedown
         | request, not a subpoena but leave it online.
        
           | [deleted]
        
         | vore wrote:
         | I would think the government has bigger fish to fry than to
         | spend time subpoenaing yt-dlp.
        
           | Sparkyte wrote:
           | I wouldn't be surprised if it was more of AI based
           | impersonation stuff. AI in the government is big because
           | people can use it impersonate people as a form of identity
           | fraud.
        
           | [deleted]
        
           | dual_dingo wrote:
           | Not a US cititzen, but "The government" is a wide term and
           | any law enforcement agency would fit this, including the ones
           | that are responsible to deal with things like copyright
           | enforcement - that's exactly the type of fish they exist to
           | fry ...
        
             | vore wrote:
             | Given the discussion around how lacking PyPI supply chain
             | security is, how juicy of a target it is for attackers, and
             | how critical infrastructure is probably relying on PyPI,
             | yt-dlp is the last thing on my mind.
        
             | ChuckMcM wrote:
             | FYI for non US readers ...
             | 
             | In the US, subpoenas come from the Justice Department
             | (either state or federal depending on the crime for which
             | evidence is being sought). The court that issued the
             | subpoena is on it, and the person or entity being served,
             | has the right to see _why_ some government agency felt it
             | could aid in the uncovering of a crime that had _already_
             | been committed. The person or entity then has the
             | opportunity to challenge that in court prior to complying
             | with it. This is sometimes informally called  "quashing the
             | subpoena." From my sister-in-law who is a defense attorney,
             | the most common result of challenging a subpoena is to get
             | what it asks for narrowed down to just what is plausibly
             | responsive.
             | 
             | In the article, this response: _As a result we are
             | currently developing new data retention and disclosure
             | policies. These policies will relate to our procedures for
             | future government data requests, how and for what duration
             | we store personally identifiable information such as user
             | access records, and policies that make these explicit for
             | our users and community._ Is good practice for limiting
             | what a subpoena can request (you can 't give what you don't
             | have).
             | 
             | At Blekko we logged access records in such a way that we
             | could use PII for 48 hours and then it was deleted. The
             | CTO, Greg Lindahl, is a huge privacy advocate and this sort
             | of architecture made it possible to get information to
             | improve our ranking and service without compromising
             | people's privacy. In practice I don't think any agency
             | could go from "we have a suspect" to "issue a subpoena" in
             | 48 hrs so it was a useful way for us to stay out of the
             | crosshairs. The most interesting event was the FBI asking
             | for information on IP addresses that had accessed their
             | honeypot CSAM site. That turned out to be some of the
             | machines in the crawling cluster. Given that the site was
             | outside the crawl "horizon" and didn't rank (very few sites
             | linked to it) it didn't even make it into the cache for
             | rank analysis. But in that case the turn around time was
             | impressive. Of course that is because they were just using
             | their own logs to generate subpoena requests.
        
           | throwaway09223 wrote:
           | Google is a pretty big fish themselves.
           | 
           | What usually happens is the large corporation lays out a case
           | like "yt-dlp is responsible for billions in damages" and they
           | press the DOJ to investigate and prosecute.
        
           | sp332 wrote:
           | While copyright infringement is usually a civil matter, there
           | are times the DoJ gets involved. They even got a guy
           | sentenced to jail for it in 2018.
           | https://www.justice.gov/usao-ndga/pr/owner-sharebeastcom-
           | sen...
        
           | sam0x17 wrote:
           | One would think that yes.... but this is the U.S. :/
        
           | lazide wrote:
           | The FBI has it's own 'copyright enforcement' division who has
           | as their sole job enforcing copyright, and has it's own
           | dedicated funding
           | 
           | [https://archives.fbi.gov/archives/news/testimony/intellectua
           | ...]
        
             | RobotToaster wrote:
             | Isn't copyright infringement a tort not a crime? Why is the
             | FBI involved at all?
        
               | qingcharles wrote:
               | Depends on the level of infringement generally.
        
               | lazide wrote:
               | [https://www.justice.gov/archives/jm/criminal-resource-
               | manual...]
               | 
               | There is an applicable federal criminal law.
        
         | slenk wrote:
         | yt-dlp is everywhere - why would they go after pypi and not the
         | source at https://github.com/yt-dlp/yt-dlp
        
       | CarbonCycles wrote:
       | What an odd article and release statement. It's almost as if
       | they're signaling w-out literally signaling the parties of
       | interest.
       | 
       | Surprised the doj didn't issue any gag orders.
        
         | rossdavidh wrote:
         | One gets the impression that this was an artfully crafted way
         | around the specifics of the gag order, to disclose whatever
         | wasn't specifically prohibited by it. IANAL.
        
         | throwaway_13140 wrote:
         | Exactly. I guess the transparency is nice but at what point are
         | you potentially helping someone cover their tracks who may or
         | may not actually deserve that help?
        
       | rolph wrote:
       | [In March and April 2023, the Python Software Foundation (PSF)
       | received three (3) subpoenas for PyPI user data. All three
       | subpoenas were issued by the United States Department of Justice.
       | The PSF was not provided with context on the legal circumstances
       | surrounding these subpoenas. In total, user data related to five
       | (5) PyPI usernames were requested.]
       | 
       | either a small group of users, or one user with multi aliases
       | wrote a nastyapp ?
        
       | cubefox wrote:
       | Apparently no plans to set up a canary.
        
         | jrockway wrote:
         | Is there any precedent for people not facing legal consequences
         | for failing to update the canary? The subpoena probably says
         | "and also update your warrant canary to say there were no legal
         | requests." Now you're in contempt of court and in jail for 5
         | years while you wait for your "compelled speech" case to go to
         | the Supreme Court.
         | 
         | In general, I think it usually goes poorly when programmers
         | invent clever legal workarounds. The legal system isn't a
         | computer program. It's guys with guns.
        
           | JohnFen wrote:
           | > The subpoena probably says "and also update your warrant
           | canary to say there were no legal requests."
           | 
           | I think that would be outside what can be done with a
           | subpoena. It would require a court order.
        
           | buildbot wrote:
           | Isn't the idea that the (US) government can't (technically)
           | compel you to lie?
        
             | tptacek wrote:
             | The US compels certain kinds of speech all the time.
        
               | dwheeler wrote:
               | The US government is not compelling speech, it's
               | compelling PyPI to accurately reveal to the US government
               | the contents of past speech that PyPI has access to.
               | Compelling disclosure of certain kinds of data, when it's
               | known, is a normal part of legal actions in the US and
               | probably elsewhere.
        
             | mrguyorama wrote:
             | You can beat the wrap but not the arrest.
        
             | waselighis wrote:
             | I would think there are certain situations where a person
             | might be compelled to lie, such as if you have a security
             | clearance, have signed an NDA, or are acting as an
             | informant. That is, a person may have to lie to prevent
             | divulging classified or secret information through
             | implication.
             | 
             | EDIT: One situation where the government cannot compel you
             | to lie is if it violates your fifth amendment rights (self
             | incrimination).
        
               | sigstoat wrote:
               | those are all things you actively agreed to, in advance,
               | in exchange for some sort of consideration (job, not
               | going to jail for illegal things you've already done,
               | etc)
        
             | rossdavidh wrote:
             | I have never heard any legally competent source say that
             | the U.S. government cannot (with warrant or whatever)
             | compel you to lie. I'm pretty sure that, in the case of a
             | canary, they can.
        
             | User23 wrote:
             | The process is the punishment.
        
             | linsomniac wrote:
             | "Just because you're right doesn't mean you won't go
             | bankrupt in a court of law proving it."
        
               | dennis_jeeves1 wrote:
               | That's real world wisdom...
        
             | short_sells_poo wrote:
             | That may be the case but if the cost of testing it is 5
             | years in jail while the case works it's way through the
             | courts, few people will be willing to rely on it.
        
             | EatingWithForks wrote:
             | The better question is: are you (or PyPI in this case)
             | interested in a legal tussle with the US Gov?
        
           | bitxbitxbitcoin wrote:
           | Exactly. Warrant canaries are security theatre.
        
             | actionfromafar wrote:
             | Not always, if the entity has a stance to uphold and the
             | money to fight back, it doesn't have to be.
             | 
             | If a mom-and-pop shop or open source org, it's a faint hope
             | at best.
        
           | burnished wrote:
           | Can a subpoena stipulate that?
        
           | redox99 wrote:
           | Can you provide any evidence of the US forcing someone to
           | update their canary?
        
             | snapcaster wrote:
             | How would one even observe this evidence?
        
               | metiscus wrote:
               | The only way I can think of would be that after the case
               | has ended it may be possible for a party who had been
               | directed to update a canary under a court order to notify
               | people that they had done that. It would probably depend
               | on the court etc and I am not a lawyer.
        
         | woodruffw wrote:
         | I don't understand (genuinely, I'd like to!) what a warrant
         | canary would have done here: this was a subpoena, not a
         | warrant, and PyPI is a public package index.
        
           | cubefox wrote:
           | I'm obviously talking about a subpoena canary.
        
         | Zetice wrote:
         | If you can just say, "We got subpoenaed" in a blog post, isn't
         | that even more effective than a canary would be?
        
           | cubefox wrote:
           | There was a delay.
        
           | caturopath wrote:
           | Canaries would be for times when they couldn't legally say
           | that.
        
         | waselighis wrote:
         | Long ago, Apple included a warrant canary in their transparency
         | report. One day, it disappeared. Nothing came of it.
         | 
         | https://www.theverge.com/2014/9/18/6409575/apple-warrant-can...
         | 
         | The problem with a warrant canary is there's too much doubt
         | about why it disappeared. Did they actually receive a warrant,
         | or is it just a decision from corporate to discontinue the
         | practice?
        
           | cubefox wrote:
           | There can be some doubt, but too much?
        
           | actionfromafar wrote:
           | A decision from corporate to discontinue is also a signal.
        
           | DANmode wrote:
           | > why it disappeared
           | 
           | The result is the same.
        
         | tptacek wrote:
         | Canaries probably don't work, which makes them worse than
         | theater.
        
         | skullone wrote:
         | Why would they? It's a public repository, nothing confidential
         | or private
        
           | JohnFen wrote:
           | Account details are confidential and private.
        
       | __MatrixMan__ wrote:
       | Kudos to PyPI for handling this professionally.
       | 
       | That said, I think we should be working towards a world where
       | they're unnecessary. As a middle party to what ought to be a
       | developer/developer trust relationship, they're attack surface
       | that threatens depender sometimes and dependee other times.
       | 
       | Going peer-to-peer will be less convenient, but worth the
       | investment in the long run.
        
       | ChrisMarshallNY wrote:
       | That's an excellent transparency report.
        
       | [deleted]
        
       | LordShredda wrote:
       | I'm guessing some poor typosquatter managed to hit a gov agency
       | and is about to get alphabet soup all over him.
        
         | paulddraper wrote:
         | > poor typosquatter
         | 
         | :/
        
         | fmajid wrote:
         | More likely it is DRM-cracking packages.
        
         | eur0pa wrote:
         | That or fairly unlucky bug bounty hunters
        
         | [deleted]
        
         | nonrepeating wrote:
         | "Get alphabet soup all over him"
         | 
         | This is my new favorite alternative to "vanned" (or "v&")
        
           | tenpies wrote:
           | > "vanned" (or "v&")
           | 
           | Also note that the noun associated with being "vanned" would
           | be a "party van", not just a "van".
           | 
           | To be vanned/V& is to have the glowies inside the party van
           | take the vanned party away.
           | 
           | https://knowyourmeme.com/memes/4chan-party-van
        
             | the_jesus_villa wrote:
             | lots of nostalgia for partyvan.org during the chanology
             | days
        
           | flyinghamster wrote:
           | I think I'm gonna snarf that one too. It's just too good.
        
             | techbro92 wrote:
             | Think I'm gonna snarf snarf. Actually I just looked it up
             | and apparently that word means to eat or drink greedily.
             | Not sure why you used it here
        
               | GrinningFool wrote:
               | Also, https://en.wikipedia.org/wiki/Snarf_(ThunderCats)
        
               | codetrotter wrote:
               | https://youtu.be/ikiuMXuueL4
        
               | nonethewiser wrote:
               | Well you certainly snarfed it up
        
               | pjbeam wrote:
               | As in eagerly consume into poster's lexicon I think.
        
               | lagniappe wrote:
               | it means copy http://acme.cat-v.org/readme
        
               | MisterTea wrote:
               | All of plan 9 uses "snarf" in place of "copy".
        
               | techbro92 wrote:
               | Wow, that's insane
        
               | labster wrote:
               | Do they follow the Berne Convention on Snarfright?
        
               | valleyer wrote:
               | http://www.catb.org/jargon/html/S/snarf.html
        
           | [deleted]
        
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