If you pay Proton Mail for a service, they may hand over the payment data in response to a court order: https://www.404media.co/proton-mail-helped-fbi-unmask-anonymous-stop-cop-city-protestor/
Proton Mail Helped FBI Unmask Anonymous ‘Stop Cop City’ Protester

A court record reviewed by 404 Media shows privacy-focused email provider Proton Mail handed over payment data related to a Stop Cop City email account to the Swiss government, which handed it to the FBI.

404 Media
@evacide I've been following the articles on this, and was curious -- you would know this better than I -- does it sound like they were in a position where they had a legal alternative?
@cliffle I had this same question when I read the article... Would the only defense here be to pay cash (mail them an envelope full of Euros?) or sufficiently obfuscate payment card ownership (Bahamas holding company maze)? @evacide
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@wcbdata @cliffle @evacide You could use a free account. If they don't have your payment data they can't hand it to anyone.
@cliffle This is exactly what they have already said they would do, but it is very common for me to encounter people who use Proton Mail who do not expect this.
@evacide @cliffle I will admit to being surprised that they are required to log certain information by way of court order that they don't log by default.
@evacide @cliffle @stinerman There is a thin line on logging stuff for user debug (being an isp/supplier for friends, i have some clue, not pretending it's expertise), therefor where is that line. also, i might understand that proton needs to comply with swiss law (which isn't up to date vs data retention and digital data, because totally f*ing legacy.) my short swiss citizen view : we're in deep shit with this and local politics dont care. ( i'm geneva's former pirate party founder and lost)

@evacide @cliffle

and with owners in the US, there's even more legal jeopardy potential. where the servers are located is less relevant than who owns them.

contrast that with Tuta, sure it's EU owned but you have to go through more layers to get to account details, and not as easily strong-armed.

though the French MS email saga from a while back makes it all muddier. French authorities will comply with requests made through the proper channels, a US judge said she didn't have to and demanded compliance - putting MS-France in non-compliance with the US court order, or non-compliance with French law.

@maya_b @evacide @cliffle

All email providers that operate legally - including Tuta - must provide this info if they have it upon court request. If your threat model includes this risk, then having owners in a different country does not protect you at all.
To be clear, I like Tuta, but I haven't seen any evidence yet that they wouldn't be forced to do the same if they operate there.

@schroedingerspossum

agreed. however the reach of US courts is limited by entities that have no US ties. Tuta is still bound, and I expect that a properly processed request through German officials would result in a disclosure, but that requires a bit more rigour than I'd expect from an entity with US ties.

@evacide @cliffle

@schroedingerspossum @maya_b @cliffle This is exactly it. It's bad opsec to leave data your provider can hand over. Any company must and will comply with local law. It's your responsibility to not leave a paper trail. Proton, like a few other service providers like Mullvad, offers cash payments via mail. If you don't use that or stick to a free plan, that's on you.
@maya_b @evacide @cliffle didn't tuta get named by canadian police in a lawsuit as honeypot

@cliffle @evacide All companies have to comply with the jurisdiction in which they are registered. In this case they complied with Swiss law, not the FBI directly, so the headline seems a bit misleading.

The takeaway is: If you pay for any service in a traceable way, you are not anonymous. If you want to be anonymous, consider cash or Monero.

@cliffle @evacide
They had no alternative because mail uses classical style federation, in which provider always has metadata to perform service.
In contrast, there is a web style federation, in which vendor isn't given communication metadata.
From HOPE16 conference: at 37:10 https://www.youtube.com/watch?v=JRP0dW_zy_c&t=2230s
#hope16 #PrivacySafe
HOPE_16 - TRACK 3 - TOBIN 201/202 - DAY 1

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