What's worse is that I can't tell you what that abuse was.
"I'd rather shut down my service and my primary source of income than be complicit in crimes against the American people."
--Ladar Levison, founder of Lavabit
If you could write the legislation covering privacy and electronic communication, what would it say?
Levison: One of the things that would be nice to come out of this would
be that the court shouldn't be able to make binding decisions that are
secret. If there's going to be legislation from the bench, so to speak,
it needs to be open to review from the American public.
Just the idea of secret laws, so to speak, bothers me tremendously. That should almost be a constitutional change.
We've shown that some of our most important freedoms can't be trusted to
Congress, they need to be placed in the Constitution. Going beyond
that, as an Internet service provider, there needs to be a more clear
definition of our protections.
Right now, as a third-party litigation, we effectively have no rights.
There's no legal framework that we can fight with or against anything
that is unjust. They're abusing their secrecy to hide their surveillance
methods.
I think that there's a lot more that will come out, and that needs to
come out. I obviously can't tell you what was happening and what I know,
and I was uncomfortable with it. I'd rather shut down my service and my
primary source of income than be complicit in crimes against the
American people.
In the current situation, are there any bright red lines that you wouldn't cross?
Levison: It's unfortunate that even our own lawmakers don't have a good understanding of what's going on.
Philosophically, I put myself in a position that I was comfortable
turning over the information that I had. I built Lavabit in a reaction
to the original Patriot Act. I didn't want to be in a position to turn
[user data] over without judicial review.
A Facebook photo of Ladar Levison, founder of
Lavabit, posing in 2011 with the National Basketball Association's Larry
O'Brien Championship trophy.
(Credit:
Ladar Levison)
Where the government would hypothetically cross the line is to violate
the privacy of all of my users. This is not about protecting a single
person or persons, it's about protecting all my users. What level of
access to this nation does the government have?
How did the Patriot Act influence your e-mail service?
It played a big role in how I designed the custom platform. All I needed
when somebody registers was a name and a password. I didn't need a real
name, address, social security number, credit card number... Why should
I collect that info if I didn't need it? [That philosophy] also
governed what kind of information I logged.
Speaking philosophically, I think people who hold other people's private
information and money have an obligation to be more open to the public.
That principle of openness has become a key issue. It's definitely
become an issue as it relates to some of the recent coverage in the
media.
The current administration is not being transparent and open about what it is they're doing, even to members of Congress.
How have Lavabit's users reacted?
Levison: It's overwhelmingly positive. Some of them are understandably
frustrated that I had to shut down without notice. I lost my one and
only e-mail account over the past 10 years, as well. I feel my decision
was the lesser of two evils.
What happens to your customer's e-mails and data?
Levison: I'm looking into setting up a site where users can download
their data and set up a forwarding [e-mail] address, but that may take a
week or two to set up. That's all I can do until I feel confident that I
can resume the service without having to compromise its integrity.
"There's stuff that I can't share with my own lawyer. This is going to be a long fight."
--Ladar Levison, founder of Lavabit
I will make it clear that I don't plan to use any encryption for that
site. [People] should only use it if they feel comfortable with the
information being intercepted. And yes, I do plan to have that
disclaimer on the site.
Unfortunately, what's become clear is that there's no protections in our
current body of law to keep the government from compelling us to
provide the information necessary to decrypt those communications in
secret.
I'm still looking at seeing if that's even logistically feasible --
there's half a billion messages [sent in the 10 years Lavabit operated].
By shutting down the service, I will be losing the infrastructure that I
used to support all those people.
There's stuff that I can't share with my own lawyer. This is going to be a long fight.
What made Lavabit successful?
Levison: Lavabit at the time of the shutdown had 410,000 users, with
40,000 weekly log-ins, 200,000 e-mails sent a day -- 1.4 million e-mails
a week.
We were in a very narrow category of what I like to call medium-sized
providers. Once you get over the 50,000 to 100,000 user threshold,
e-mail becomes a very difficult problem of scale. It's why you see so
many e-mail providers come and go.
"Philosophically, I put myself in a position that I was comfortable
turning over the information that I had. I built Lavabit in a reaction
to the original Patriot Act. I didn't want to be in a position to turn
[user data] over without judicial review."
--Ladar Levison, founder of Lavabit
We managed to break through that barrier by building a custom platform
to handle it. It's similar in architecture to some of the big guys
[Google, Yahoo, and Microsoft, which combined provide Web mail to more
than 1 billion people].
How did Lavabit get started?
Levison: I've been a geek my entire life. I was with a group of college
friends of mine, that was how an e-mail service by geeks, for geeks,
came about. [It was called] Nerdshack, with an emphasis on security and
privacy. It had POP and IMAP access. For a long time we were the only
free POP service.
How do you identify yourself politically?
Levison: I'm a conservative Republican. I believe in small government
and keeping our government out of our business. But I'm from California,
and if there's one thing we love in California, it's being able to
speak our mind. I love God and guns, too. Texans are big on freedom. I'm
probably a blend of [California and Texas] at this point.