Lavabit is an
open-source
Open source is source code that is made freely available for possible modification and redistribution. Products include permission to use the source code, design documents, or content of the product. The open-source model is a decentralized sof ...
encrypted webmail
Webmail (or web-based email) is an email service that can be accessed using a standard web browser. It contrasts with email service accessible through a specialised email client software. Examples of webmail providers are 1&1 Ionos, AOL Mail, G ...
service, founded in 2004. The service suspended its operations on August 8, 2013 after the
U.S. Federal Government ordered it to turn over its
Secure Sockets Layer (SSL)
private keys, in order to allow the government to spy on
Edward Snowden
Edward Joseph Snowden (born June 21, 1983) is an American and naturalized Russian former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and su ...
's email.
[Edward Snowden’s E-Mail Provider Defied FBI Demands to Turn Over Crypto Keys, Documents Show]
''Wired''
Lavabit's owner and operator, Ladar Levison, announced on January 20, 2017 that Lavabit would start operating again, using the new
Dark Internet Mail Environment The Dark Mail Alliance is an organization dedicated to creating an email protocol and architecture with end-to-end encryption.
In October 2013, Silent Circle and Lavabit announced a project to create a more secure alternative to email and began ...
(DIME), which is an end-to-end
email encryption platform designed to be more surveillance-resistant. However, as of June 2017, while the DIME transition was being completed, service was only being offered to past customers and those who took advantage of the early signup offer.
As of October 2017, the ability for new customers to purchase service was again being offered.
History
Lavabit was founded by
Texas-based programmers who formed Nerdshack LLC, renamed Lavabit LLC the next year, who cited
privacy concerns
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 1948 ...
about
Gmail,
Google's free, widely used email service, and their use of the content of users' email to generate advertisements and marketing data. Lavabit offered significant privacy protection for their users' email, including
asymmetric encryption. The strength of the cryptographic methods used was of a level that is presumed impossible for even intelligence agencies to crack. In August 2013, Lavabit had about 410,000 users and offered free and paid accounts with levels of storage ranging from 128
megabyte
The megabyte is a multiple of the unit byte for digital information. Its recommended unit symbol is MB. The unit prefix ''mega'' is a multiplier of (106) in the International System of Units (SI). Therefore, one megabyte is one million bytes o ...
s to 8
gigabyte
The gigabyte () is a multiple of the unit byte for digital information. The prefix ''giga'' means 109 in the International System of Units (SI). Therefore, one gigabyte is one billion bytes. The unit symbol for the gigabyte is GB.
This defini ...
s.
In January 2011, Lavabit had launched a
shared web hosting service.
Before the Snowden incident, Lavabit had complied with previous search warrants. For example, in June 2013 a search warrant was executed against a Lavabit account for suspected possession of child pornography.
Connection to Edward Snowden
Lavabit received media attention in July 2013 when it was revealed that
Edward Snowden
Edward Joseph Snowden (born June 21, 1983) is an American and naturalized Russian former computer intelligence consultant who leaked highly classified information from the National Security Agency (NSA) in 2013, when he was an employee and su ...
was using the Lavabit email address Ed_Snowden@lavabit.com to invite
human rights lawyers and activists to a press conference during his confinement at
Sheremetyevo International Airport in
Moscow.
The day after Snowden revealed his identity, the United States federal government served a court order, dated June 10, 2013, and issued under 18 USC 2703(d), a 1994 amendment of the
Stored Communications Act
The Stored Communications Act (SCA, codified at 18 U.S.C. Chapter 121 §§ 2701–2712) is a law that addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party i ...
, asking for
metadata
Metadata is "data that provides information about other data", but not the content of the data, such as the text of a message or the image itself. There are many distinct types of metadata, including:
* Descriptive metadata – the descriptive ...
on a customer who was unnamed.
Kevin Poulsen of ''
Wired'' wrote that "the timing and circumstances suggest" that Snowden was this customer. In July 2013 the federal government obtained a search warrant demanding that Lavabit give away the private SSL keys to its service affecting all Lavabit users. A 2016 redaction error confirmed that Edward Snowden was the target.
Suspension and gag order
On August 8, 2013, Lavabit suspended its operations, and the email service log-in page was replaced by a message from the owner and operator Ladar Levison.
''
The New Yorker'' suggested that the suspension might be related to the US
National Security Agency (NSA)'s "domestic-surveillance practices". ''
Wired'' speculated that Levison was fighting a warrant or
national security letter seeking customer information under extraordinary circumstances, as Lavabit had complied with at least one routine
search warrant in the past.
Levison stated in an interview that he has responded to "at least two dozen subpoenas" over the lifetime of the service.
He hinted that the objectionable request was for "information about all the users" of Lavabit.
Levison explained he was under
gag order and that he was legally unable to explain to the public why he ended the service.
Instead, he asked for donations to "fight for the
Constitution" in the
United States Court of Appeals for the Fourth Circuit. Levison also stated he has even been barred from sharing some information with his
lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
.
Meanwhile, the
Electronic Frontier Foundation
The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
called on the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
(FBI) to provide greater transparency to the public, in part to help observers "understand what led to a ten-year-old business closing its doors and a new start-up abandoning a business opportunity".
Levison said that he could be arrested for closing the site instead of releasing the information, and it was reported that the federal prosecutor's office had sent Levison's lawyer an email to that effect.
[
]
Lavabit is believed to be the first technology firm that has chosen to suspend or shut down its operation rather than comply with an order from the United States government to reveal information or grant access to information.
Silent Circle
Silent Circle is a German Eurodisco band formed in West Germany in 1985. The band consists of vocalist Martin Tychsen (Jo Jo Tyson), keyboardist & composer Axel Breitung, and drummer Jürgen Behrens (CC Behrens).
History
Silent Circle first ...
, an encrypted email, mobile video and voice service provider, followed the example of Lavabit by discontinuing its encrypted email services. Citing the impossibility of being able to maintain the confidentiality of its customers' emails should it be served with government orders, Silent Circle permanently erased the encryption keys that allowed access to emails stored or transmitted by its service.
In September 2013 Levison appealed the order that resulted in the closing of his website.
Levison and his lawyer made two requests to Judge
Claude M. Hilton
Claude Meredith Hilton (born December 8, 1940) is a senior United States district judge of the United States District Court for the Eastern District of Virginia.
Education and career
Born in Scott County, Virginia, Hilton spent his earliest child ...
to unseal the records, both of which were denied. They also launched an appeals case regarding legality of the original warrant. The appeals court then requested the records to be unsealed, and Judge Hilton granted the request. On October 2, 2013, the Federal District Court in Alexandria, Virginia unsealed records in this case, but only censored the name and detail of the target of the search order. ''Wired'' suggested the target was likely Snowden.
The court records show that the FBI sought Lavabit's
Transport Layer Security (TLS/SSL) private key. Levison objected, saying that the key would allow the government to access communications by all 400,000 customers of Lavabit. He also offered to add code to his servers that would provide the information required just for the target of the order. The court rejected this offer because it would require the government to trust Levison and stated that just because the government could access all customers' communication did not mean they would be legally permitted to do so. Lavabit was ordered to provide the SSL key in machine readable format by noon, August 5 or face a fine of $5000 per day. Levison closed down Lavabit 3 days later.
On October 14, 2013, Levison announced he would allow Lavabit users to change their passwords until October 18, 2013, after which they could download an archive of their emails and personal data.
The court documents stated that on July 13 Levison sent an open letter to the assistant US attorney, offering to give email metadata (without email content, usernames or passwords) to the FBI if it paid him $2,000 "to cover the cost of the development time and equipment necessary to implement my solution" and $1,500 to give data "intermittently during the collection period".
Afterwards, Levison wrote that after being contacted by the FBI, he was subpoenaed to appear in federal court, and was forced to appear without legal representation because it was served on such short notice; in addition, as a third party, he had no right to representation, and was not allowed to ask anyone who was not an attorney to help find him one. He also wrote that in addition to being denied a hearing about the warrant to obtain Lavabit's user information, he was held in
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
. The appellate court denied his appeal due to no objection, however, he wrote that because there had been no hearing, no objection could have been raised. His contempt of court charge was also upheld on the ground that it was not disputed; similarly, he was unable to dispute the charge because there had been no hearing to do it in. He also wrote that "the government argued that, since the 'inspection' of the data was to be carried out by a machine, it was exempt from the normal search-and-seizure protections of the Fourth Amendment."
Legacy
One year after the suspension of Lavabit, its founder Ladar Levison announced a specification for the Dark Internet Mail Environment (DIME) at
DEF CON 22. It is under development by the
Dark Mail Alliance.
In April 2014, after a
contempt of court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
conviction for providing the key as a printout was upheld by an appeals court, he described the initiative to ''
Ars Technica
''Ars Technica'' is a website covering news and opinions in technology, science, politics, and society, created by Ken Fisher and Jon Stokes in 1998. It publishes news, reviews, and guides on issues such as computer hardware and software, sci ...
'' as "a technological solution which would take the decision away from the will of man."
In November 2015, Levison said that work on DIME was still progressing, although slower than he would like. As of July 2016, posts to the Dark Mail Alliance forum suggest that all collaborators have left the project and Ladar has been working on DIME alone.
Relaunch
On January 20, 2017, Lavabit owner Ladar Levison relaunched the service. Per the wording of the announcement, this date was apparently timed to coincide with the
inauguration of Jimmy Carter
The inauguration of Jimmy Carter as the 39th president of the United States was held on Thursday, January 20, 1977, at the East Portico of the United States Capitol in Washington D.C. This was the 48th inauguration and marked the commencement of ...
(though he was not mentioned by name). The service has been revamped to use the
Dark Internet Mail Environment The Dark Mail Alliance is an organization dedicated to creating an email protocol and architecture with end-to-end encryption.
In October 2013, Silent Circle and Lavabit announced a project to create a more secure alternative to email and began ...
protocols and software that Ladar had been working on for the past few years. This ''DIME'' platform, and the associated ''Magma'' open source email server, are designed to use end-to-end email encryption in such a way that when operating with the highest security settings, subpoenas cannot force service providers to give governments access to customer email (or be forced to shut down in order to avoid this). When using the maximum security settings, even an attacker breaking into DIME servers would have
no feasible way to access customer emails, leaving
client-side attacks as likely the only potential points of vulnerability.
See also
*
Comparison of mail servers
*
Comparison of webmail providers
References
External links
*
Lavabit's Ladar Levison: 'If You Knew What I Know About Email, You Might Not Use It'Forbes, August 8, 2013.
* {{Triangulation, 125, Ladar Levison, October 23, 2013
Interview with Ladar LevisonBBC News, January 31, 2014.
Lavabit Founder: Gov’t "Bold-Faced Lies" & Mass Surveillance Effort Forced Me to Close My Company , Democracy Now! 2014/5/22
Email clients
2004 establishments in Texas
Privacy in the United States
Privacy of telecommunications
History of cryptography
Internet properties established in 2004
Products and services discontinued in 2013