We would cooperate with searches or surveillance ordered by a court, based on probable cause under time-honored Fourth Amendment principles. We will also fight to notify you so you may defend your rights.
Virtru believes that the contents of your emails, files, and other data and communications should be and are fully protected by the Fourth Amendment to the United States Constitution, and that this generally should and does mean that the government needs an individualized court order, based on probable cause, to access the data you have chosen to keep private. This means that we will not comply with blanket requests for access to our encryption keys, only specific court-ordered directives relative to an individual.
In the same way that locking a briefcase or sealing an envelope shows a clear legal expectation of privacy, by protecting your data with Virtru’s encryption services you will have sent a very unambiguous message that you regard your data as private. This will strengthen your legal expectation of privacy under the Constitution.
Some statutes permit the government to obtain content (such as stored emails) on a lesser showing than probable cause. Virtru believes the Fourth Amendment should and does provide greater protection than these statutes for the content of email, files, and other data — particularly when such data is encrypted — and would argue this position in court in an appropriate case if necessary.