Cloudflare expands government warrant canaries in transparency bid

Cloudflare Expands Government Warrant Canaries to Boost Transparency

In a significant step towards enhancing transparency in handling government and law enforcement requests, Cloudflare has expanded its use of warrant canaries. These public statements serve as a subtle but powerful tool for companies to signal whether they have received any government surveillance requests without violating legal constraints. If a canary is removed, it indicates that a government demand has likely been made, without explicitly violating gag orders.

What Are Warrant Canaries?

A warrant canary is a legal tool that allows companies to inform the public that they have not received secretive government requests like National Security Letters (NSLs) or other classified subpoenas. These requests often come with gag orders that prevent the company from publicly acknowledging the demand. By stating what they have not received, companies can signal their transparency without breaking the law. Once a company receives such a request, the warrant canary is removed, signaling that a government demand has likely been made.

The History of Warrant Canaries

The concept of a warrant canary originates from the mining industry, where canaries were used to detect dangerous gases in coal mines. If the bird stopped singing or died, miners knew to evacuate the mine. Similarly, if a warrant canary is removed from a company’s transparency report, it serves as a signal that the company has received a government request it is legally barred from disclosing​(The Cloudflare Blog)​(Connect, Protect and Build Everywhere).

Key Points:

• Warrant canaries allow companies to maintain transparency without breaking gag order laws.
• The removal of a warrant canary acts as an indirect signal of government surveillance requests.

Cloudflare’s Expanded Warrant Canaries

Cloudflare, a leader in web security and performance, has been publishing transparency reports since 2013. In 2019, the company significantly broadened its use of warrant canaries to cover a wider range of government requests. The company’s commitment to maintaining user trust has led them to expand on these canaries.

Original Warrant Canaries:

• Cloudflare has never turned over its SSL keys or customers’ SSL keys to anyone.
• The company has never installed any law enforcement software or equipment on its network.
• Cloudflare has never terminated a customer or removed content due to political pressure.
• It has never provided law enforcement with a feed of its customers’ content transiting its network.

New Warrant Canaries:

In its latest transparency report, Cloudflare has added new canaries, reflecting its deepening commitment to transparency:

• Cloudflare has never modified customer content at the request of law enforcement or a third party.
• The company has never altered the intended destination of DNS responses due to a government request.
• Cloudflare has never weakened, compromised, or subverted any of its encryption technologies at the behest of law enforcement​ (The Cloudflare Blog)​(
  Connect, Protect and Build Everywhere).

Updated Encryption Canary:

The original warrant canary stating that Cloudflare has never turned over SSL keys was updated to reflect the evolving nature of encryption technologies. It now reads: “Cloudflare has never turned over encryption or authentication keys or our customers’ encryption or authentication keys to anyone.” This change underscores the company’s focus on modern encryption practices​(The Cloudflare Blog).

The Legal Gray Area of Warrant Canaries

Warrant canaries exploit a legal loophole that allows companies to communicate indirectly about government surveillance. While companies are legally prohibited from confirming the receipt of NSLs or other surveillance orders, they are not obligated to maintain specific public statements. The removal of these statements is, therefore, not a direct violation of gag orders but rather a subtle method of informing the public.

Ethical and Legal Considerations:

• Warrant canaries balance the need for transparency with the legal constraints of gag orders.
• By removing canaries, companies can signal their receipt of government demands without explicitly stating so.

However, the use of warrant canaries isn’t without risks. In some instances, law enforcement agencies may argue that the removal of a canary constitutes illegal signaling. Nevertheless, companies like Cloudflare believe that using these mechanisms is essential to maintaining user trust in an era of increasing government surveillance​(Connect, Protect and Build Everywhere)​(SecHub).

Real-World Examples of Warrant Canary Usage

Warrant canaries have been used by several prominent tech companies to communicate their stance on government surveillance. For example, Reddit famously removed its warrant canary in 2016, sparking widespread speculation that the company had received an NSL. The absence of the canary was widely interpreted as Reddit’s compliance with a secret government request​(Connect, Protect and Build Everywhere).

In contrast, Cloudflare has yet to remove any of its warrant canaries, signaling that the company has not received such orders, at least publicly. Cloudflare has consistently stated that it would exhaust all legal options before complying with any government request that it deems unconstitutional or overly broad​(The Cloudflare Blog)​(Connect, Protect and Build Everywhere).

Cloudflare’s Transparency Commitment

Cloudflare remains one of the most committed companies to transparency in the face of government requests for data. The company’s use of warrant canaries and its regular transparency reports underscore its commitment to protecting users’ privacy and fighting against overreach by law enforcement.

Statistics from Cloudflare’s Transparency Report:

• In 2018, Cloudflare received 19 criminal subpoenas and responded to seven of them.
• The company also received 55 court orders, responding to 44.
• Cloudflare emphasizes that it will fight any request it deems to be unjust or illegal​(Connect, Protect and Build Everywhere)​(SecHub).

The Future of Warrant Canaries and Transparency Reports

As government surveillance continues to evolve, the role of warrant canaries in maintaining corporate transparency will likely become even more critical. However, there is always the potential for legislative changes that could close the legal loophole that allows for the use of warrant canaries. Despite this uncertainty, Cloudflare’s expanded canaries set a precedent for other tech companies to follow.

In conclusion, Cloudflare’s warrant canary expansion represents a bold move towards greater transparency in the cloud and cybersecurity sectors. These warrant canaries allow users to maintain trust in Cloudflare’s services while navigating the complex legal landscape surrounding government surveillance.

By using warrant canaries, Cloudflare sets the standard for privacy protection and corporate transparency in an increasingly surveilled world​(Connect, Protect and Build Everywhere)​(The Cloudflare Blog)​(Connect, Protect and Build Everywhere).

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