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  ARM Give a man a fire and he's warm for a day, but set fire to him and he's warm for the rest of his life (Terry Pratchett, Jingo)

ProtonMail deletes 'we don't log your IP' boast from website after French climate activist reportedly arrested

(2021/09/07)


Encrypted email service ProtonMail has become embroiled in a minor scandal after responding to a legal request to hand over a user's IP address and details of the devices he used to access his mailbox to Swiss police – resulting in the user's arrest.

Police were executing a warrant obtained by French authorities and served on their Swiss counterparts through Interpol, according to social media rumours that ProtonMail chief exec Andy Yen acknowledged to The Register .

So [1]@ProtonMail received a legal request from Europol through Swiss authorities to provide information about Youth for Climate action in Paris, they provided the IP address and information on the type of device used to the police [2]https://t.co/KtKF4wn3wv — Etienne - Tek (@tenacioustek) [3]September 5, 2021

At the time of writing, the company's website said: "We believe privacy and security are universal values which cross borders."

After data from ProtonMail was handed to the Swiss and then French police, the author of a left-wing political activists' blog in France wrote ( [4]en français ) that a group called Youth for Climate had been targeted:

The police also noticed that the collective communicated via a ProtonMail email address. They therefore sent a requisition (via EUROPOL) to the Swiss company managing the messaging system in order to find out the identity of the creator of the address. ProtonMail responded to this request by providing the IP address and the fingerprint of the browser used by the collective. It is therefore imperative to go through the tor network (or at least a VPN) when using a ProtonMail mailbox (or another secure mailbox) if you want to guarantee sufficient security.

ProtonMail has said in the past that it does not collect user data and implements end-to-end encryption and repeated that over the weekend, saying: "Under no circumstances however, can our encryption be bypassed, meaning emails, attachments, calendars, files, etc, cannot be compromised by legal orders."

This statement, while bold, seems to be borne out by the service's privacy policy which states that it can access the following user information:

Sender and recipient email addresses

The IP address incoming messages originated from

Message subject

Message sent and received times

These are all standard unencrypted information from email headers, inherent to the SMTP email specification, though it appears that ProtonMail's previous promises about user information logging were a bit over-generous. Back in [5]January this year , the company's homepage stated: "No personal information is required to create your secure email account. By default, we do not keep any IP logs which can be linked to your anonymous email account. Your privacy comes first."

Today that boast has been replaced with a mealy-mouthed version: "ProtonMail is email that respects privacy and puts people (not advertisers) first. Your data belongs to you, and our encryption ensures that. We also provide an anonymous email gateway."

[6]Aussie telco Telstra says soz after accidentally diverting traffic meant for encrypted email biz through its servers

[7]Epic, Spotify, ProtonMail and pals rise up as one against Apple's 30% cut, call for end to Cupertino-style markets

[8]ProtonMail-run website boasting 'complete guide' to GDPR left credential-baring .git repo exposed online

[9]Tutanota cries 'censorship!' after secure email biz blocked – for real this time – in Russia

The firm's privacy policy, which was updated yesterday, now says: "If you are breaking Swiss law, ProtonMail can be legally compelled to log your IP address as part of a Swiss criminal investigation."

In a statement [10]posted to Reddit, which Yen forwarded to El Reg in lieu of making a statement of his own, ProtonMail said: "In this case, Proton received a legally binding order from the Swiss Federal Department of Justice which we are obligated to comply with. There was no possibility to appeal or fight this particular request because an act contrary to Swiss law did in fact take place (and this was also the final determination of the Federal Department of Justice which does a legal review of each case)."

As a Swiss company, ProtonMail is obliged to obey Swiss law and comply with Swiss legal demands, though it's unclear why the company was logging user-agent strings and IP addresses of client logins. An option exists in ProtonMail's user interface to enable access logging, though there is no information in public to suggest whether or not the French environmental protestor had enabled that. ®

[11]

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[1] https://twitter.com/ProtonMail?ref_src=twsrc%5Etfw

[2] https://t.co/KtKF4wn3wv

[3] https://twitter.com/tenacioustek/status/1434604102676271106?ref_src=twsrc%5Etfw

[4] https://secoursrouge.org/france-suisse-securite-it-ProtonMail-a-communique-a-la-police-ladresse-ip-de-militant%c2%b7es-anti-gentrification/

[5] https://web.archive.org/web/20210127141032/https://ProtonMail.com/

[6] https://www.theregister.com/2020/10/02/protonmail_telstra_bgp_hijack/

[7] https://www.theregister.com/2020/09/24/app_apple_developers/

[8] https://www.theregister.com/2020/04/29/protonmail_gdpr_advice_site_git_snafu/

[9] https://www.theregister.com/2020/02/17/tutanota_blocked_russia/

[10] https://www.reddit.com/r/ProtonMail/comments/pil6xi/climate_activist_arrested_after_ProtonMail/hbqha63/

[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2YTeMvjgWqjzWbQ3A6hrugwAAAAg&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[12] https://whitepapers.theregister.com/



Yorick

> though it's unclear why the company was logging user-agent strings and IP addresses of client logins

The Protonmail statement says they can be compelled to log a user’s IP when Swiss law has been broken. That’s the most likely explanation: They got a court order and started logging IP addresses and user-agent strings for this particular user, after being presented with the order.

Anonymous Coward

What court order?

If they weren't logging those IP addresses and connection strings, there was nothing to seize. They said the weren't. As to a court order requiring you to implement such logging when demanded.... show me the law that says any such thing, that somehow cannot be challenged!

Better still show me the court order itself. All I could find was copyright related (Article 77i CopA). The US pushed them to backdoor their privacy right, so they added a IP logging in the copyright law, but that's for copyright infringement.

Whenever dealing with "Swiss" stuff that feels America, (I class Proton Mail as this), you should recall Crypto AG, the "Swiss" encryption system, that was actually a CIA front.

https://www.washingtonpost.com/graphics/2020/world/national-security/cia-crypto-encryption-machines-espionage/

" The Swiss firm made millions of dollars selling equipment to more than 120 countries well into the 21st century. Its clients included Iran, military juntas in Latin America, nuclear rivals India and Pakistan, and even the Vatican."

"But what none of its customers ever knew was that Crypto AG was secretly owned by the CIA in a highly classified partnership with West German intelligence. These spy agencies rigged the company’s devices so they could easily break the codes that countries used to send encrypted messages. "

When you see a well funded company in encryption like this, I suggest you ask who the f**k funded that and who is the target audience. Is this company too good to be true?

So don't be surprised when the slightest court order lands on a fake CIA operation, and they cave immediately to create case law, in Switzerland or elsewhere, because that's what they're there to do, fold. Create false case law, false consensus, undermine privacy rights.

All that western tech, its all shit, its all backdoored. All secret police notices, all secret surveillance, backdoored encryption, false systems. All of it.

Alpine_Hermit

I agree with some of your points. But ProtonMail has always made it clear to anyone who reads their T&Cs that they come under Swiss laws and they are obliged to provide information to the authorities IF supported by a court order.

The Swiss legal system is robust and the right to privacy strong. It fills me with hugely more confidence than in my old homeland which has sadly become an authoritarian tinpot nation, especially since the Johnson Junta took over.

I use ProtonMail occasionally and never regarded it as a service that is totally hidden from the law, rather a service under stronger Swiss laws than the US and elsewhere.

Anonymous Coward

Thanks for reminding me about Crapto AG. Maybe it's time to consider quitting ProtonVPN. Any recommendations for replacement?

Blackjack

Every VPN spies on you even those that say that don't. The business is in selling data not on the VPN service itself.

A Non e-mouse

Absolute privacy/anonymity on the Internet is hard. Very hard.

Tor

The Man Who Fell To Earth

Pretty much reinforces that if one wants to be difficult to track down, you'd probably be wise to put Tor between yourself and protonmail. (Or anything else.)

Better yet, don't use the Internet.

Re: Tor

IGotOut

There are plenty of cases where TOR has been used and people still get caught.

It makes it difficult to trace, not impossible.

Re: Tor

Anonymous Coward

yes, it does not make it impossible, but the key adjective is "difficult". Unless those after you, are very, very, very powerful, the 'difficult' becomes 'good enough'.

Re: Tor

Graham Cobb

Yes, for tracking of IP connections it would probably require the 5-eyes to bother to use their resources and data - not likely for much except terrorism.

However, Tor is not a magic privacy screen: there are plenty of possible mistakes that can still be made using Tor for privacy and anonymity. As a simple example, if you have a ProtonMail account and have ever sent a message to anyone's personal email address, they could be contacted to ask if they know who you are or anything about you, or their address can be correlated with clearnet emails to try to get some idea of who you might be. So, never forward, CC or send any message (however innocuous the message itself is) from your ProtonMail account to anyone who knows who you are (and certainly NEVER to your normal email account). Obvious in hindsight, but easy to forget.

And there are many other mistakes it would be easy to make. Tor only protects IP addresses, not other ways of finding out who you are.

Re: Tor

Pascal Monett

You are aware that Tor was created by the US intelligence community ?

If you think they don't know how to subvert it, I have a bridge to sell you.

KarMann

Cops can read the SMTP spec too, y'know [ [1]Citation needed ]

Oh, sure enough, the cops just gave me a citation!

[1] https://xkcd.com/285/

Who'd have thunk it ?

Anonymous Coward

just that really. If you don't own manage and understand what's happening with your data, why would you be surprised ?

"As a Swiss company, ProtonMail is obliged to obey Swiss law and comply with Swiss legal demands"

Mike 137

This is of course the case in every jurisdiction on the planet, which is to some extent why the fuss over US Privacy Shield as a special case was somewhat peculiar. Even under the GDPR the forces of law and order have special access to personal data in pursuit of their duties (for rather obvious reasons).

Something to Realise and Get Thoroughly Used To.

amanfromMars 1

Apparently, if you can believe what you can read in some news, Westminster bods prefer to use and trust Telegram to keep their communications safe and secure and secret, but it is not something to be risking your life on being effective, methinks.

Everything is available to anyone who really wants it and knows what to do to get a hold of it.

Just curious...

lglethal

So what did the Climate Activist actually do?

Re: Just curious...

stungebag

All police forces find it hard to distinguish between activists, whose policies and methods they may not as individuals support, and criminal behaviour.

Maybe this group had overstepped the mark, but look at the UK's undercover police scandals where police infiltrated activist groups who were not criminals to the point where they formed relationships with and even fathered children on their targets.

Re: Just curious...

ThatOne

> and even fathered children on their targets

That's the best part of the job!

Re: Just curious...

Anonymous Coward

quite possibly, he is ALLEGED to commit a crime. And please, don't tell me the courts and judges are independent and fair, etc, etc, so 'there must have been a good reason'. Some are, some aren't.

Re: Just curious...

jnievele

Well, he wasn't a "climate activist"... he was an "anti-capitalist" and "anti-gentrification" activist who broke into several buildings:

https://techcrunch.com/2021/09/06/protonmail-logged-ip-address-of-french-activist-after-order-by-swiss-authorities/

Re: Just curious...

Anonymous Coward

Yeah, anti-capitalist and broke into buildings... clear to shoot on sight, no court order required.

Justification to undermine privacy is quite feeble here. If allowed to continue, it'll get worse and worse.

By default...

Graham 32

> By default, we do not keep any IP logs

"By default" covers what happened. Watch out for the weasel words. However, they now don't even say that. Are they now compelled to log all IP addresses?

Your data belongs to you

Anonymous Coward

and various other, for now undisclosed, parties.

Gwaptiva

"In this case, Proton received a legally binding order from the Swiss Federal Department of Justice which we are obligated to comply with. There was no possibility to appeal or fight this particular request because an act contrary to Swiss law did in fact take place (and this was also the final determination of the Federal Department of Justice which does a legal review of each case)."

Hmmm, either some issue in the reporting or just utter BS: Where I'm from, and I suspect this is the same in other countries in the Council of Europe, whether or not an act contrary ot national law has "in fact" taken place can only be determined by a Judge. Not by the executive branch. These orders can (and routinely are) appealed or fought.

Handy Plough

They've been selling snakeoil for years. The opensource intelligencia and Snowdonites have been espousing their virtues for as long. Anyone else that works in email, epecially the security side, has been saying that Protons claims are spurious at best. Looks like their marketing is just downright misleading.

Pascal Monett

Well in any case, ProtonMail has now publicly and officially joined the vast coterie of "secure" mail services that are anything but.

Their lies destroy their credibility as far as I'm concerned. If you say you don't record IP addresses and, in fact, you do, you are not worthy of my trust.

jnievele

Apparently what El Reg calls "Climate activist" was actually a squatter charged with breaking-and-entering commercial and private buildings as a protest against gentrification and "capitalism":

https://techcrunch.com/2021/09/06/protonmail-logged-ip-address-of-french-activist-after-order-by-swiss-authorities/

Imhotep

But he did it to get out of the weather.

TVU

That report stated that, "Proton’s marketing claims as a ‘user privacy centric’ company", whereas a more accurate description might be "Proton’s marketing claims as a ‘cave in at the first opportunity centric’ company".

I don't use that service and I certainly won't use them now if they do not protect the privacy of their users which is their supposed raison d'etre anyway.

speak in code, duh

chivo243

I had a friend back in college, he came from the South Side of Chicago, gang territory. I once visited him there, he took a phone call from a *friend* and the whole thing was in code... something like pig-latin with lots of St's and be and eb's. When I asked what it was about, he said the party is at so and so's house, but his parents shouldn't know he was going...

There is zero security and anonymity...

Anonymous Coward

... on the internet, your phone, your PC or your apps.

Anonymous Coward

I wonder what'll happen, when they get served a valid court order demanding they issue a trojaned javascript file to targets-of-interest that, after they enter their password to unlock their private key in their browser, forwards it onwards...

Wellyboot

>>What'll happen<

The obvious - They would continue to follow Swiss law after talking to their lawyers.

Men ought to know that from the brain and from the brain only arise our
pleasures, joys, laughter, and jests as well as our sorrows, pains, griefs
and tears. ... It is the same thing which makes us mad or delirious, inspires
us with dread and fear, whether by night or by day, brings us sleeplessness,
inopportune mistakes, aimless anxieties, absent-mindedness and acts that are
contrary to habit...
-- Hippocrates (c. 460-c. 377 B.C.), The Sacred Disease