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
Payment options | Proton

Find out which payment methods and currencies you can use for your paid Proton subscription. How to pay with card, PayPal, Google Pay, Bitcoin, cash, bank transfer.

Proton
@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

YouTube
@evacide Mail cash, I guess? Not really into crypto.
@eldersea @evacide if you want to remain as anonymous as possible, you'd use the free tier and don't populate a recovery email. They had to give that to French police by way of court order, which helped the police identify the suspect.
@evacide It's even worse if you pay for Proton Mail and live in CH like I do (also citizen). It means they'll just turn my sh*t over to Bern. I wonder if they'd even inform me.
@rashunda @evacide *Any* Swiss company will comply with a court order (as will other companies in other countries).
@evacide this happens when people don't understand the difference between privacy and anonimity.

@evacide

The only winning move is not to pay.

Not quite as privacy focued as they claim really.

@simonzerafa @evacide  I think you mean "anonymity" rather than "privacy". No corporation is immune to legal compulsion. If you link a credit card to an account of any type, it will show up in all kinds of metadata via credit card companies and data brokers, and the banking records will forever deanonymize the account.

So yes, pay for a ProtonMail account with CC if you want, but use a free one if you want *anonymity* in addition to privacy.

@evacide When will people stop using this honeypot?

@evacide this is far from new? What happened to the internet never forgets? Proton regularly complies with police/government/legal etc.

2021

https://www.malwarebytes.com/blog/news/2021/09/protonmail-hands-users-ip-address-and-device-info-to-police-showing-the-limits-of-private-email

ProtonMail hands user's IP address and device info to police, showing the limits of private email

What can we expect from privacy-focused email if law enforcement come knocking?

Malwarebytes
@Tekchip Is there something in my post that says this is a novel development?
@evacide no, left more so for the other folks replying to your post as if this is unexpected.
@Tekchip Feel free to reply to them while leaving me out of it.
@evacide More polite rebuttal than I could have managed.

@evacide

You can actually pay Posteo in cash by mail: send banknotes in an envelope with a code to Posteo.

@Tutanota as alternative does not offer direct cash payment, but you can buy Tuta gift cards cash same way via the reseller Proxystore.

@protonprivacy also accepts cash payments according to their support, by sending physical money via post. You get the details by contacting Proton support…

But if you pay with a Creditcard, you have an US provider an board

@doodee thanks for the tips 🙌
@hlrx Also worth adding: for the IP address side of things, Mullvad VPN is a great match — you can even pay cash by mail, no account needed. Keeps the whole setup nicely anonymous if you have to.

@doodee imho mullvad immediately feels more anonymous by how the whole account system works

@hlrx

May I assume @Tutanota would be bound to do the same thing?
@ohmu @Tutanota Yes. No corporation is immune to legal compulsion.
@evacide Wouldn’t that be a given in most jurisdictions?
@lasombra_br @evacide you'd think so, but a surprising amount of people don't realize a credit card immediately deanonymizes whatever they pay for with a card.

@evacide
Never pay for Proton Mail.

Problem solved.

@evacide Payment data is d0x data. Always has been.
@evacide Paying with Crypto or Cash is still an alternative
@evacide so the only real solution is to run your own mail server, because corporations will always do this if pressured?

@caitp @evacide i would think it would be even easier to track someone with their own server. If you run it in the cloud, they can pressure the cloud provider. If it's under your desk, they can presumably track your DNS registration.

The only real solution is probably to use something like Signal.

@flipper @evacide Doesn't signal have the ssme stuff, paid accounts associated with handles or phone numbers they could find on an arrested person's phone?
@caitp @evacide no paid accounts, possibly could track you with phone number. I don't know if they store that.

@caitp @evacide I run my own mail server and spammers have made deliverability impossible for lil guys like me.

I run my own server out of Germany, but I also have to text all of my friends to check their spam folders whenever I email them 🥲🥲🥲

@waffles

It is possible to make it work even to google and hotmail but it takes dedication and constant upkeep sadly. And it does not anonymize you at all, rather the opposite.

@caitp @evacide it is not a solution because you have to pay someone to deploy your own server, such as the internet provider, or the VPS provider. The solution could be to pay corporations without a tracked method, if available.
@caitp I guess in theory you could find a service that will shut down before complying (ala 2013 Lavabit), but I can't imagine there are many of them at any given time because, well, they'll shut down (by design) on a frequent basis. Not sure if better or worse than the headache of running it yourself. @evacide
@evacide Definitely don't use an email provider based in the US if you can avoid it, especially with the Nazis in power currently.

@evacide yeah proton has done this before and has made statements about it that proton is a privacy tool, not an anonymity tool. Hate to see it still though.

Its definitely good to make people more aware of this though, thanks.

@evacide Glad that I paid them nothing while I was still using Proton Mail.
@Orca @evacide This actually how you avoid this issue…your credit card is tied to you, full stop. Either pay with an alternative method or not at all
@wonkothesane @evacide
I mean both.
Paying for something is definitely the fastest way for the cops to trace the payment back to me.
But also I don't want to give Proton money because they did this (multiple times), for ideological reasons.
@Orca That’s fine. But it’s also really disingenuous to claim Tuta, Fastmail, or any other hosting provider wouldn’t do this
@wonkothesane
They can become unable to do this if the mail provider just accept the payment - enable premium on that account - not save the payment information. (I don't know if that meets the requirements of law, though.)
But I guess recurring payment does exist because that would be bad for business otherwise. Or they just save the payment methods indefinitely.

@Orca With Proton you have the option of paying in crypto (this isn’t as untraceable as people pretend) and cash. But nothing is more tied to your identity than a credit card, and as you’re saying all companies are going to give you the option of renewing your sub via saved payment

Proton does not save your card info if you delete it

As much as I hate to blame users this really strikes me as an opsec issue on their part.

It’s a horrible situation but it sucks to see it sensationalized

@evacide I support the idea that you should pay for your email service, if you value your privacy.
Using ANY commercial email service exposes you to surveillance and your identity being exposed. Especially if you use your iOS or Google device as a computer.
I continue to hold that Proton is better than a "free" gmail or microsoft account.
For example, I currently support my mastodon instance via Patreon. Patreon could and would expose my identity. They have my email. Still I persist.
@evacide My reading and understanding of this, is that the Swiss govt order came from an MLAT request from the FBI, and not a US court warrant. Thus, the issue, to me, is how US law enforcement essentially uses MLAT to bypass what in the US could be withheld without an appropriate judicial review. Maybe I’m projecting a misunderstanding, but when I had to respond to such requests, in the ISP I ran, we would, generally, only comply with a legal warrant or order authorized by a court.
@steff A lot of people use Proton Mail because they think its location in Switzerland gives their data greater legal protections than it might have in the US or the EU. In some cases, this may be true, but as you can see in this example, these protections are not absolute.
@evacide Exactly. There’s an odd assumption that simply offshoring services increases privacy or anonymity when the reality is that it may leave one more exposed to the global panopticon. Certainly, I think there are other questions here about how Proton’s operational policies are not optimized to protect anonymity; yet, I feel it’s important to understand that maintaining security and privacy goes far beyond simply choosing a ‘secure provider’, but requires ongoing diligence to mitigate your operational and legal risks.