What is a warrant canary?
"As of 26 May 2026, we have not received any court orders subject to being kept secret."
A warrant canary is a proactive statement released by a service provider indicating that, as of a specified date, they have not received any secret court orders. If this statement is removed, users can infer that the provider has likely received such an order, thereby compromising their transparency. This method aims to inform users of potential government surveillance without violating legal gag orders. The effectiveness of warrant canaries is a topic of ongoing debate, particularly regarding their legal protections and implications.
In the face of increasing government surveillance concerns, warrant canaries have become a vital aspect of discussions on transparency. However, their legal status remains ambiguous, with some courts yet to clarify whether failing to update a warrant canary constitutes a breach of a gag order.
In the UK, surveillance is governed by the Investigatory Powers Act 2016, which superseded earlier legislation. This act includes stringent penalties for unauthorized disclosures regarding secret notices. In the US, the landscape is shaped by the USA PATRIOT Act and the more recent EARN IT Act, both enforcing severe penalties for disclosing the existence of such orders.
Contents
Tipping-off - Investigatory Powers Act 2016, Section 54
(4) A person who makes a disclosure to any other person of anything that they are required by a section 49 notice to keep secret shall be guilty of an offence and liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.
Recent developments
In 2026, many tech companies have shifted their approach to warrant canaries. For instance, Proton AG, the organization behind ProtonMail, has made headlines by consistently updating its website as part of its transparency reports whenever there is a notable legal request and notes that a warrant canary is not meaningful under Swiss law.
Warrant canaries in practice
In 2013, Apple made headlines by including a statement in their transparency report that could serve as a warrant canary: “Apple has never received an order under Section 215 of the USA PATRIOT Act.” However, as of 2026, Apple no longer includes such statements, possibly acknowledging that removing a canary could be interpreted as confirmation of a gag order being in effect. Instead, Apple has shifted towards providing detailed statistics on the number and types of governmental requests received, which is a welcome development in terms of user transparency.
Transparency - Government requests - Apple Inc.
The usefulness of warrant canaries in 2026
While warrant canaries represented an innovative approach to transparency a few years ago, their practical utility has diminished. The legal ambiguity surrounding them has led to a decline in industry support. Many companies are now prioritising clearer communication about their data handling practices and government interactions, which may render the concept of warrant canaries less important in the current landscape. Nevertheless, they remain a fascinating relic of the ongoing conversation about privacy, surveillance, and user rights.
