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> inability to track the sender's IP is specific to Protonmail

The issue is India doesn't have a judicial agreement with Switzerland over data sharing (which includes User IP Addresses) for criminal investigations [0] while the US does [1], and Protonmail only honors Swiss litigation [2]

This should change with the new India-Switzerland FTA though.

[0] - https://carnegieendowment.org/files/ParsheeraJha_DataAccess....

[1] - https://www.dataprivacyframework.gov/framework-article/1%E2%...

[2] - https://proton.me/legal/law-enforcement




India is target Protonmail rather than all companies in countries that India doesn't have an agreement with though, right?

My point was just that singling out Protonmail doesn't make sense and misses the point on how email works.


Think of laws like Blacklists/Deny Lists.

A platform is default allowed until it denies to comply with Law Enforcement Requests. When that happens, a platform can by denied/blacklisted.

This is why Protonmail is blocked in India and not Gmail or Yahoo.

If Proton AG decided to ignore US Law Enforcement requests, it would get shut down the same way. This exact thing happened to Lavabit in 2013.


I may be getting out over my skis here, hopefully someone will correct me if so. But I believe this is the main distinction with a Common Law system, where everything is default legal unless regulated by legislation. Effectively, laws are only blocklists under legal systems based on Common Law.

I don't know for sure if India is Common Law, though given its history with the British Empire I would guess that it isn't.


India is Common Law as well.

Former British Dependencies like India, Malaysia, Singapore, Canada, South Africa, New Zealand, Ireland, and Australia are ruled under Common Law with additional colonial authoritarian flourishes, as these dependencies could be overruled by Westminster until the mid-late 1900s.

England, Wales, and North Ireland are themselves Common Law, and it's somewhat common for Indian lawyers to cross apply to join the English Inns of Court as well. That said, modern India is starting to transition towards an American style common law system over the British one, as America has way more of an impact in India today.

Civil/Roman/Latin Law is a continental thing. You'll see influences of it in former Spanish, French, and Russian colonies.




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