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Locked ProtonMail "logs" and delivers activist IP logs


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ProtonMail "logs" and delivers activist IP logs

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End-to-end encrypted email service provider ProtonMail has come under fire after it gave in to a legal request and shared the IP address of anti-gentrification activists with law enforcement authorities, leading to their arrests in France.

The Switzerland-based company said it received a " legally binding order from the Swiss Federal Department of Justice " relating to a collective called Youth for Climate, which it was " obliged to comply with, " forcing it to hand over the IP address and related information. type of device used by the group to access the ProtonMail account.

On its website, ProtonMail announces that:

" No personal information is required to create your secure email account. By default, we do not keep any IP logs that can be linked to your anonymous email account. Your privacy comes first. ". Despite its claims that there are no IP logs, the company acknowledged that while it is illegal for the company to comply with requests from non-Swiss law enforcement authorities, it will be asked to do so if Swiss agencies agree to assist services. foreigners such as Europol in their investigations. "

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There was no possibility of appealing or rejecting this particular request because in fact an act contrary to Swiss law was carried out (and this was also the final determination of the Federal Department of Justice that makes a legal review of each case) ", the the company said in a lengthy response posted on Reddit.

Simply put, ProtonMail will not only have to comply with orders from the Swiss government, but will be forced to hand over relevant data when people use the service for activities deemed illegal. This includes monitoring users' IP addresses in " extreme criminal cases ," according to its transparency report.

" Proton must comply with Swiss law. As soon as a crime is committed, privacy protections can be suspended and we are required by Swiss law to respond to requests from Swiss authorities , "ProtonMail founder and CEO Andy Yen tweeted, adding:" It is regrettable that The legal tools for serious crimes are being used in this way. But by law, [ProtonMail] must comply with Swiss criminal investigations. Obviously, this is not done by default, but only if it is legally enforced . "

In any case, ProtonMail users who are concerned about the visibility of their IP addresses should use a VPN or access the email service through the Tor network for additional anonymity.

" The prosecution in this case seems quite aggressive. Unfortunately, this is a pattern that we have seen more and more in recent years around the world (for example, in France, where anti-terrorism laws are used inappropriately). " the company said.

Update

In a blog post titled " Important Clarifications on Arrest of a Climate Activist ," Andy Yen said the company " it may be forced to collect information on the accounts of users under Swiss criminal investigation.
 
Obviously this is not done by default, but only if Proton obtains a legal order for a specific account
 . "

Also, in a revision of its privacy policy, ProtonMail now explicitly explains that it will be forced to record the IP addresses of the users if found to be in violation of Swiss law:

" By default, we do not keep permanent IP logs in connection with your use of the Services. However, IP logs may be temporarily kept to combat abuse and fraud, and your IP address may be permanently retained if you engage in activities that violate our terms and conditions (spam, DDoS attacks against our infrastructure, brute force attacks, etc. .). The legal basis for this processing is our legitimate interest in protecting our Services against nefarious activities. If you are breaking Swiss law, ProtonMail may be legally compelled to register your IP address as part of a Swiss criminal investigation ”.

Note- The title of the article has been revised to reflect that ProtonMail may allow the registration of IP addresses in accordance with Swiss court orders.

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