Warrant Canary: Definition, Evolution & Impacts

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A warrant canary is a notice that a provider hasn't been served with a government subpoena. This tiny statement should reassure users that their data is safe, as government officials aren't scrutinising it.

At one point, consumers were deeply worried about government intrusion into electronic life. And companies rarely, if ever, got served with documents that put privacy at risk. But times have changed. 

Now, warrant canaries are relatively rare. Most companies have been served by warrants, and arguably, fewer consumers see the need for proof that warrants aren't being issued.

How Does a Warrant Canary Work?

A warrant canary is proof of a negative. A company that shares one, typically as part of a transparency report, states that no privacy-violating warrant is in place right now.

Most companies are legally required to hand over customer data when provided with the proper paperwork. The Patriot Act, for example, requires cable providers to disclose data about customers — without notice — when asked to do so. Since cable operators deliver internet access, they could be compelled to give scores of data in response to a subpoena. 

When the legal wheels are in motion, a company can't tell customers about it. Your cable company can't send you a notice that a subpoena has arrived and your data is at risk.

But the company can use a warrant canary to tell you that no subpoenas are in place. In theory, you could watch that notification page. If it disappears or is modified, you know a warrant has hit. That knowledge comes your direction without direct disclosure from your provider. You infer that something has changed.  

Who Uses Warrant Canaries?

Privacy is just as important to companies as it is to individuals. And sometimes, the government asks for more power than it needs.

For example, privacy experts say the FBI made multiple mistakes between 2003 and 2006, such as writing up