Authors

Jonathon Penney

Document Type

Article

Publication Date

2014

Keywords

Internet Law, First Amendment, warrant canary, transparency, five eyes, national security, compelled speech, constitution

Abstract

Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview of their potential legality in these jurisdiction, aims to help fill that void.

Comments

From the Selected Works of Jonathon W. Penney

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