The Lavabit Legal Battle: Should the Government Have Access to Secure Email?

Several email providers across the nation have chosen to shut down in reaction to the government subpoena of Lavabit's data. Ladar Levison, CEO of secure email provider Lavabit, chose to end operations after the government requested the company's SSL keys, which would grant access to more than 400,000 users' emails. Levison challenged the subpoenas under the fourth amendment and organizations including the ACLU and EFF have filed amicus briefs on behalf of Lavabit but at this juncture, the security of secure email is unknown. In this edition of Lawyer2Lawyer hosts Bob Ambrogi and J. Craig Williams invite Attorney Jesse R. Binnall, Levison's counsel, to discuss the case, what it means for all secure email providers, and how it affects lawyers' responsibility for protecting their clients' digital information. Jesse R. Binnall is a partner of Bronley and Binnall, PLLC. His practice areas include civil litigation, small business and non-profit law, commercial lease disputes, appellate litigation, and election law. He has litigated cases in some of the busiest and most respected courts in the nation, including the United States District Court for the Eastern District of Virginia and the Fairfax County Circuit Court. He also maintains an active appellate practice. Special thanks to our sponsor, Clio.