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Topic: BFL subpoena - page 4. (Read 8720 times)

sr. member
Activity: 420
Merit: 250
Mmmh mhmhh mmmm.
April 17, 2015, 11:00:41 PM
#45
Here's what i know about bcp19

I said something about BFL being a scam. then i got some pretty new red paint on my trust profile

Dude, take a look at Blazr's stats history by activity. Guess what shows up? Nah, I'll tell you: Korean. Who also knows Korean, is in love with himself and BFL and held a bullshit contest? Josh Zerlan.

Now where is my cookie?Roll Eyes
legendary
Activity: 1666
Merit: 1185
dogiecoin.com
April 17, 2015, 10:44:23 PM
#44
Exclusive interview with Theymos: "I think that I fought for user privacy much more vigorously than most sites would in this situation, and I still had to release a lot of private data."

http://www.coinbuzz.com/2015/04/17/bitcoin-forum-gives-600-peoples-private-info-to-us-government/

In case of DDOS, mobile, refusal to support coinbuzz etc:
Quote
The administrator of the world’s most popular bitcoin forum, bitcointalk.org, told users that he was forced by a subpoena to release 600 people’s private messages.

Michael Marquadt, a.k.a. theymos, told affected users that he would mark the information as confidential, but that may not be enough to keep it from going public. He goes on to clarify in the message, “In particular, I believe that BFL has full access to the PMs and could choose to release them.”

The bulk message was sent out to anyone who interacted with the Butterfly Labs staff accounts on the forums. Any messages – even deleted ones – sent to the following accounts may have been released:

    Inaba
    BFL-Engineer
    BFL_Josh
    SLok
    BFL_Sonny
    BFL AM
    Dave
    bcp19
    nibbknot

Forum administrator responds

CoinBuzz reached out to Marquadt (theymos) for more information:

When were you asked to release the PMs?

The subpoena is dated March 3.

Whom were you asked by?

Subpoenas are always sent by a government, usually a court. You can’t just go and send someone a subpoena. This one was issued by the US District Court for the District of Kansas. It is related to case number 14-CV-2159-KHV-JPO.

Are you concerned about what might be done with the PMs you provided?

Yes. That’s why I spent so much time/money reducing the number of PMs I would have to release to the bare minimum. (The subpoena originally requested all PMs that even mentioned BFL, from/to anyone.) Only PMs to/from a few people who (apparently) are/were BFL employees were released. The PMs are also covered by a protective order, which should make it somewhat more difficult for the PMs to become public.

Even though I want to protect forum PMs as much as I can, users of any website should be aware that it is basically impossible for any service to completely protect data that you give them access to. For example, if Google received a similar subpeona saying, “Give us all GMail emails talking about BFL,” it seems plausible to me that they might give up this info without any fight at all, and maybe not even tell the affected users about it.

I think that I fought for user privacy much more vigorously than most sites would in this situation, and I still had to release a lot of private data. Therefore, you should always securely encrypt sensitive information before putting it on the Internet. Don’t trust third-parties with anything important.

Are you concerned about how BFL might respond to this?

I treated both BFL and the plantiff fairly here. They don’t have any reason to be upset with me.

I am somewhat concerned that BFL could get some info about people who were anti-BFL and use this against them somehow. For example, perhaps some of released PMs show that an ex-BFL-employee broke an NDA. (This is just an example — I haven’t actually read most of the released PMs, and I didn’t observe anything like this in what I did read.) This is unavoidable, unfortunately.

What is your opinion on Butterfly Labs in general?

As far as I know, they accepted substantial preorders and then failed to deliver in any reasonable timeframe. This is very bad. But whether this was due to bad luck, incompetence, or malice, I don’t know.
The long and troubled past of ButterFfy Labs

Butterfly Labs are perhaps the most infamous company in the Bitcoin space. For years they’ve been the centre of controversy, due to their long history of false promises, unreasonable delays, and unpopular customer service. In September of 2014 the mining hardware manufacturers were shut down by the Federal Trade Commission. They proceeded to reopen in January and set a timetable for shipping their Monarch hardware and issuing refunds to some customers, but this recent development suggests that they are still being investigated.
b!z
legendary
Activity: 1582
Merit: 1010
April 17, 2015, 10:37:23 PM
#43
Exclusive interview with Theymos: "I think that I fought for user privacy much more vigorously than most sites would in this situation, and I still had to release a lot of private data."

http://www.coinbuzz.com/2015/04/17/bitcoin-forum-gives-600-peoples-private-info-to-us-government/
hero member
Activity: 686
Merit: 504
always the student, never the master.
April 17, 2015, 10:16:10 PM
#42
I wonder when they will be requesting info on bcp19's alts. He's posted under:

Pokokohua!
badgerkiller
bcpokey
DaBitcoinGuy

Maybe a couple others I can't remember, but the guy just totally lost his mind (probably because of the subpoena) and revealed his latest alt account. Meh, par for the course when BFL is involved. Roll Eyes

Here's what i know about bcp19

I said something about BFL being a scam. then i got some pretty new red paint on my trust profile
sr. member
Activity: 420
Merit: 250
Mmmh mhmhh mmmm.
April 17, 2015, 10:10:24 PM
#41
Well, I don't see why the "BFL" account (https://bitcointalksearch.org/user/bfl-44366) was not included in the subpoena. Am I missing something? Huh

Edit: Anyone!?
legendary
Activity: 1666
Merit: 1185
dogiecoin.com
April 17, 2015, 09:58:13 PM
#40
I wonder when they will be requesting info on bcp19's alts. He's posted under:

Pokokohua!
badgerkiller
bcpokey
DaBitcoinGuy

Maybe a couple others I can't remember, but the guy just totally lost his mind (probably because of the subpoena) and revealed his latest alt account. Meh, par for the course when BFL is involved. Roll Eyes

Not in the mood for searching through 200 pages of PMs, but I believe an admin confirmed to me there wasn't any obvious connection between Josh and Pokokohua!. Do you know something different?
full member
Activity: 226
Merit: 100
Are you OCD?
April 17, 2015, 09:45:55 PM
#39
I wonder when they will be requesting info on bcp19's alts. He's posted under:

Pokokohua!
badgerkiller
bcpokey
DaBitcoinGuy

Maybe a couple others I can't remember, but the guy just totally lost his mind (probably because of the subpoena) and revealed his latest alt account. Meh, par for the course when BFL is involved. Roll Eyes
legendary
Activity: 2156
Merit: 1393
You lead and I'll watch you walk away.
April 17, 2015, 03:08:08 PM
#38
I recently received a subpoena related to a case against BFL (Case No. 14-CV-2159-KHV-JPO). I had to release all database info on a few employees/ex-employees of BFL (including their PMs), plus a complete copy of every thread in which anyone mentioned BFL or in which a BFL employee participated. (It was a huge hassle to put all of this info together.) The subpoena originally demanded all PMs that even mentioned BFL, which is ridiculous, but I managed to get this part eliminated.

If a PM of yours was released due to this, then I already sent you a PM about it.

I don't think that I'm going to send PMs about deleted posts that were released. 3196 users had deleted posts released, and I don't really want to send that many PMs when almost no one would care. I feel like people should have basically no expectation of privacy for something that they posted publicly anyway.

I also released all "report to moderator" reports involving or mentioning BFL. I don't think that these are very sensitive, so I'm not going to send out PMs about these.

I wonder how do they send you Subpoena ? Does not it require to have your physical address ? But, do they have it ? What would they have done if BitcoinTalk owner were not located in USA ? Sending Subpoena to forum admins appear ridiculous to me. Conversations are all open in public. They can directly collect their info from there. And how would they verify whether you are sending them correct PMs or not ? How can this become an evidence in a judicial process ?
They mostly needed official business records from theymos not what can be accessed publicly. Also they needed a lot of PM's as well as deleted posts.

They most likely emailed him the subpoena, at least that is how they served him the DPR subpoena
It doesn't stop at the subpoena. I had to go to court for an employer as the custodian of records. I was required to sign an affidavit certifying the records I presented were true and correct and testify to that in open court. I hope theymos has some free time blocked out in the future. If they use those records to support their case he'll need it.
IIRC the DPR subpoena required theymos to appear in court, however it gave him the option to sign a affidavit saying essentially that the records he provided were true and correct copies of the business records; I don't think there would be any reason why it would be different in this case.

If either party wanted to dispute the completeness of what was provided or wanted to dispute anything that was provided was actually a true and correct copy of the forum's records then he would need to testify (or if either party wanted to otherwise dispute what was provided). I would say there is a pretty good chance that theymos won't need to personally appear, or if he does it will most likely only be for a disposition. I would say the BFL case(s) will most likely get settled out of court (and plea agreements will be reached for criminal cases)

 Yeah, that's what I kept telling myself right up to the day of my appearance in court. lol
copper member
Activity: 2996
Merit: 2374
April 17, 2015, 03:02:10 PM
#37
I recently received a subpoena related to a case against BFL (Case No. 14-CV-2159-KHV-JPO). I had to release all database info on a few employees/ex-employees of BFL (including their PMs), plus a complete copy of every thread in which anyone mentioned BFL or in which a BFL employee participated. (It was a huge hassle to put all of this info together.) The subpoena originally demanded all PMs that even mentioned BFL, which is ridiculous, but I managed to get this part eliminated.

If a PM of yours was released due to this, then I already sent you a PM about it.

I don't think that I'm going to send PMs about deleted posts that were released. 3196 users had deleted posts released, and I don't really want to send that many PMs when almost no one would care. I feel like people should have basically no expectation of privacy for something that they posted publicly anyway.

I also released all "report to moderator" reports involving or mentioning BFL. I don't think that these are very sensitive, so I'm not going to send out PMs about these.

I wonder how do they send you Subpoena ? Does not it require to have your physical address ? But, do they have it ? What would they have done if BitcoinTalk owner were not located in USA ? Sending Subpoena to forum admins appear ridiculous to me. Conversations are all open in public. They can directly collect their info from there. And how would they verify whether you are sending them correct PMs or not ? How can this become an evidence in a judicial process ?
They mostly needed official business records from theymos not what can be accessed publicly. Also they needed a lot of PM's as well as deleted posts.

They most likely emailed him the subpoena, at least that is how they served him the DPR subpoena
It doesn't stop at the subpoena. I had to go to court for an employer as the custodian of records. I was required to sign an affidavit certifying the records I presented were true and correct and testify to that in open court. I hope theymos has some free time blocked out in the future. If they use those records to support their case he'll need it.
IIRC the DPR subpoena required theymos to appear in court, however it gave him the option to sign a affidavit saying essentially that the records he provided were true and correct copies of the business records; I don't think there would be any reason why it would be different in this case.

If either party wanted to dispute the completeness of what was provided or wanted to dispute anything that was provided was actually a true and correct copy of the forum's records then he would need to testify (or if either party wanted to otherwise dispute what was provided). I would say there is a pretty good chance that theymos won't need to personally appear, or if he does it will most likely only be for a disposition. I would say the BFL case(s) will most likely get settled out of court (and plea agreements will be reached for criminal cases)
legendary
Activity: 2156
Merit: 1393
You lead and I'll watch you walk away.
April 17, 2015, 02:56:29 PM
#36
I recently received a subpoena related to a case against BFL (Case No. 14-CV-2159-KHV-JPO). I had to release all database info on a few employees/ex-employees of BFL (including their PMs), plus a complete copy of every thread in which anyone mentioned BFL or in which a BFL employee participated. (It was a huge hassle to put all of this info together.) The subpoena originally demanded all PMs that even mentioned BFL, which is ridiculous, but I managed to get this part eliminated.

If a PM of yours was released due to this, then I already sent you a PM about it.

I don't think that I'm going to send PMs about deleted posts that were released. 3196 users had deleted posts released, and I don't really want to send that many PMs when almost no one would care. I feel like people should have basically no expectation of privacy for something that they posted publicly anyway.

I also released all "report to moderator" reports involving or mentioning BFL. I don't think that these are very sensitive, so I'm not going to send out PMs about these.

I wonder how do they send you Subpoena ? Does not it require to have your physical address ? But, do they have it ? What would they have done if BitcoinTalk owner were not located in USA ? Sending Subpoena to forum admins appear ridiculous to me. Conversations are all open in public. They can directly collect their info from there. And how would they verify whether you are sending them correct PMs or not ? How can this become an evidence in a judicial process ?
They mostly needed official business records from theymos not what can be accessed publicly. Also they needed a lot of PM's as well as deleted posts.

They most likely emailed him the subpoena, at least that is how they served him the DPR subpoena
It doesn't stop at the subpoena. I had to go to court for an employer as the custodian of records. I was required to sign an affidavit certifying the records I presented were true and correct and testify to that in open court. I hope theymos has some free time blocked out in the future. If they use those records to support their case he'll need it.
donator
Activity: 2352
Merit: 1060
between a rock and a block!
April 17, 2015, 02:53:05 PM
#35
I recently received a subpoena related to a case against BFL (Case No. 14-CV-2159-KHV-JPO). I had to release all database info on a few employees/ex-employees of BFL (including their PMs), plus a complete copy of every thread in which anyone mentioned BFL or in which a BFL employee participated. (It was a huge hassle to put all of this info together.) The subpoena originally demanded all PMs that even mentioned BFL, which is ridiculous, but I managed to get this part eliminated.

If a PM of yours was released due to this, then I already sent you a PM about it.

I don't think that I'm going to send PMs about deleted posts that were released. 3196 users had deleted posts released, and I don't really want to send that many PMs when almost no one would care. I feel like people should have basically no expectation of privacy for something that they posted publicly anyway.

I also released all "report to moderator" reports involving or mentioning BFL. I don't think that these are very sensitive, so I'm not going to send out PMs about these.

I wonder how do they send you Subpoena ? Does not it require to have your physical address ? But, do they have it ? What would they have done if BitcoinTalk owner were not located in USA ? Sending Subpoena to forum admins appear ridiculous to me. Conversations are all open in public. They can directly collect their info from there. And how would they verify whether you are sending them correct PMs or not ? How can this become an evidence in a judicial process ?
just an email would work.  same happened in DPR case.
copper member
Activity: 2996
Merit: 2374
April 17, 2015, 11:50:44 AM
#34
I recently received a subpoena related to a case against BFL (Case No. 14-CV-2159-KHV-JPO). I had to release all database info on a few employees/ex-employees of BFL (including their PMs), plus a complete copy of every thread in which anyone mentioned BFL or in which a BFL employee participated. (It was a huge hassle to put all of this info together.) The subpoena originally demanded all PMs that even mentioned BFL, which is ridiculous, but I managed to get this part eliminated.

If a PM of yours was released due to this, then I already sent you a PM about it.

I don't think that I'm going to send PMs about deleted posts that were released. 3196 users had deleted posts released, and I don't really want to send that many PMs when almost no one would care. I feel like people should have basically no expectation of privacy for something that they posted publicly anyway.

I also released all "report to moderator" reports involving or mentioning BFL. I don't think that these are very sensitive, so I'm not going to send out PMs about these.

I wonder how do they send you Subpoena ? Does not it require to have your physical address ? But, do they have it ? What would they have done if BitcoinTalk owner were not located in USA ? Sending Subpoena to forum admins appear ridiculous to me. Conversations are all open in public. They can directly collect their info from there. And how would they verify whether you are sending them correct PMs or not ? How can this become an evidence in a judicial process ?
They mostly needed official business records from theymos not what can be accessed publicly. Also they needed a lot of PM's as well as deleted posts.

They most likely emailed him the subpoena, at least that is how they served him the DPR subpoena
legendary
Activity: 1662
Merit: 1050
April 17, 2015, 11:44:02 AM
#33
I recently received a subpoena related to a case against BFL (Case No. 14-CV-2159-KHV-JPO). I had to release all database info on a few employees/ex-employees of BFL (including their PMs), plus a complete copy of every thread in which anyone mentioned BFL or in which a BFL employee participated. (It was a huge hassle to put all of this info together.) The subpoena originally demanded all PMs that even mentioned BFL, which is ridiculous, but I managed to get this part eliminated.

If a PM of yours was released due to this, then I already sent you a PM about it.

I don't think that I'm going to send PMs about deleted posts that were released. 3196 users had deleted posts released, and I don't really want to send that many PMs when almost no one would care. I feel like people should have basically no expectation of privacy for something that they posted publicly anyway.

I also released all "report to moderator" reports involving or mentioning BFL. I don't think that these are very sensitive, so I'm not going to send out PMs about these.

I wonder how do they send you Subpoena ? Does not it require to have your physical address ? But, do they have it ? What would they have done if BitcoinTalk owner were not located in USA ? Sending Subpoena to forum admins appear ridiculous to me. Conversations are all open in public. They can directly collect their info from there. And how would they verify whether you are sending them correct PMs or not ? How can this become an evidence in a judicial process ?
copper member
Activity: 2996
Merit: 2374
April 17, 2015, 10:55:46 AM
#32
Well with blockchain.info/wallet if your password is compromised then you can simply move your funds to another address that is not compromised (hell you can create a new bc.i wallet with a better password). With having a private key that is decrypted in the browser if your password is compromised and the password protected private key is stored by the forum (I think it would have to be) then it would not be possible to protect the privacy of your PM's.

If your password is compromised, it is possible to change it. One way of doing this is to generate a random master key, which is actually the key that decrypts the PM's, and encrypt the master key with a password. So how it works is you open your Inbox, bitcointalk sends your browser your encrypted master key and encrypted PM's, you type in your password, your master key is decrypted using the password and then the PM's are decrypted using the master key. If your password is compromised you can change it, all you need to do is re-encrypt the master key with the new password, however should you ever forget the current password your PM's are gone unless you have another way of recovering your unencrypted master key. This is similar to how it works with PGP.
You would need to trust the forum enough to delete the version of your master key with your old password when you change your password. If the forum's servers are ever compromised then an attacker could download the master key's with their current password. Another possibility would be that theymos could be compelled to keep copies of old versions of the master keys by the government so the effect of changing your password would be that either password would work to decrypt your PM's
If the passphrase to my PGP private key is compromised (but not the private key itself) then I can simply change the passphrase to my PGP private key (I think this is possible- you could have it temporarily in decrypted format then re-encrypt it with a new passphrase (then obviously securely delete all old copies of your PGP private key).
My opinion is that PGP should really only be used of private information. Automatically PGP encrypting PM's is not a good idea, you should really only PGP encrypt PM's that actual private information. The reason for this is that if the receipient's PC is ever compromised, if they are unlocking their private key everyday to read their PM's then the malware can easily keylog them, however if they are only unlocking their PGP once every month or two to decrypt private information, there is a greater chance that the recipient will discover the keylogger before they unlock the private key.
Well if something is sent via PM then they are by default trying to achieve at least a small amount of privacy above posting publicly. This would be somewhat of a pain however you could store your PGP key on an offline computer and transfer any encrypted messages to your offline computer anytime you receive a PM. Another option would be to designate different keys as being for different levels of sensitivity and people who cannot respect that will not have their PM's read.

If you reserve PGP use for only sensitive information then an attacker would only need to look to people who have sent/received PGP encrypted messages in the past to look for potentially sensitive information that could be of value.

It is probably not very secure to have the forum encrypt messages for you as if it is compromised then it could also encrypt it to a third key who you did not intend it to be encrypted to.  
People also use their PGP keys for other purposes too like signing code, and this puts their key at more risk.
Any code signing key should be kept offline and should be separate from your other PGP keys. I don't think someone should even try to decrypt something encrypted to their code signing key as if a code signing key is compromised then malware could easily be spread very quickly and very far.
hero member
Activity: 882
Merit: 1006
April 17, 2015, 10:17:46 AM
#31
Well with blockchain.info/wallet if your password is compromised then you can simply move your funds to another address that is not compromised (hell you can create a new bc.i wallet with a better password). With having a private key that is decrypted in the browser if your password is compromised and the password protected private key is stored by the forum (I think it would have to be) then it would not be possible to protect the privacy of your PM's.

If your password is compromised, it is possible to change it. One way of doing this is to generate a random master key, which is actually the key that decrypts the PM's, and encrypt the master key with a password. So how it works is you open your Inbox, bitcointalk sends your browser your encrypted master key and encrypted PM's, you type in your password, your master key is decrypted using the password and then the PM's are decrypted using the master key. If your password is compromised you can change it, all you need to do is re-encrypt the master key with the new password, however should you ever forget the current password your PM's are gone unless you have another way of recovering your unencrypted master key. This is similar to how it works with PGP.

If the passphrase to my PGP private key is compromised (but not the private key itself) then I can simply change the passphrase to my PGP private key (I think this is possible- you could have it temporarily in decrypted format then re-encrypt it with a new passphrase (then obviously securely delete all old copies of your PGP private key).

My opinion is that PGP should really only be used for private information. Automatically PGP encrypting PM's is not a good idea, you should really only PGP encrypt PM's that actual private information. The reason for this is that if the receipient's PC is ever compromised, if they are unlocking their private key everyday to read their PM's then the malware can easily keylog them, however if they are only unlocking their PGP once every month or two to decrypt private information, there is a greater chance that the recipient will discover the keylogger before they unlock the private key. This is particularly bad because People also use their PGP keys for other purposes too like signing code, and it's generally not a good idea to have multiple PGP keys (unless you have multiple identities) as it can cause confusion, normally you should limit it to 1 key per identity.

Having the forum automatically encrypt your PM's to the recipients' PGP public key allows the person receiving the message to choose their own level of security. You are right that less people will use it if it is dependent on any third party software, however the forum can only hold people's hands so much when it comes to security/privacy.

like I said automatically PGP encrypting PM's isn't the best idea. We should only use the PGP keys for really important stuff.
copper member
Activity: 2996
Merit: 2374
April 17, 2015, 10:01:58 AM
#30
Well to avoid the problem of people potentially forgetting their password to decrypt their PM's the forum could automatically encrypt PM's sent to someone using javascript, users would then store the private key locally, outside of their browser in order to decrypt the message. If PGP is used, and the user is using GPGTools as their PGP client, and their private key is stored locally, then decrypting it would be as arbitrary as highlighting text and making two clicks (and entering your passphrase).

In theory, the javascript could be modified so that whenever someone enters their password to decrypt a PM that the password is transmitted to either the forum or a third party attacker which would essentially allow them to decrypt any PM for that user.

I think the PM encryption system shouldn't be dependant on any software other than a standard web browser as a lot of users won't install the third party tools and thus a lot of users won't turn on PM encryption. The idea is this system will be used for most messages as an extra layer of security, anything private should be encrypted with PGP or something similar, if most people don't turn it on it is completely useless.

I disagree with theymos and actually think that forgetting your password is a feature. Anyway in your case losing your private key is the same as forgetting your password, and if you use default GnuPG settings and encrypt your private key, should you forget the passphrase for that you'll still lose your private key and as a result, your PM's. Users who fear they may lose their PM's due to forgetting a password should backup their PM's.

You are right that the JS can be modified, I mentioned above one solution is to copy blockchain.info's solution which was to use a browser addon to verify the JS. Users worried about the JS being modified can install the addon, however it should be optional.
Well with blockchain.info/wallet if your password is compromised then you can simply move your funds to another address that is not compromised (hell you can create a new bc.i wallet with a better password). With having a private key that is decrypted in the browser if your password is compromised and the password protected private key is stored by the forum (I think it would have to be) then it would not be possible to protect the privacy of your PM's. If the passphrase to my PGP private key is compromised (but not the private key itself) then I can simply change the passphrase to my PGP private key (I think this is possible- you could have it temporarily in decrypted format then re-encrypt it with a new passphrase (then obviously securely delete all old copies of your PGP private key).

Having the forum automatically encrypt your PM's to the recipients' PGP public key allows the person receiving the message to choose their own level of security. You are right that less people will use it if it is dependent on any third party software, however the forum can only hold people's hands so much when it comes to security/privacy.

One thing that I could suggest (that I am sure will not be implemented - at least not for this forum) is that the forum could try to detect if PGP is being used and if not, it will not let you send the PM. Another option is to try to detect if PGP is being used and if not then giving a warning that their communication is not secure and that others may be able to see it in the future
hero member
Activity: 686
Merit: 504
always the student, never the master.
hero member
Activity: 882
Merit: 1006
hero member
Activity: 686
Merit: 504
always the student, never the master.
April 17, 2015, 09:39:29 AM
#27
It is open source.

publicly viewable?
hero member
Activity: 882
Merit: 1006
April 17, 2015, 09:38:05 AM
#26
Well to avoid the problem of people potentially forgetting their password to decrypt their PM's the forum could automatically encrypt PM's sent to someone using javascript, users would then store the private key locally, outside of their browser in order to decrypt the message. If PGP is used, and the user is using GPGTools as their PGP client, and their private key is stored locally, then decrypting it would be as arbitrary as highlighting text and making two clicks (and entering your passphrase).

In theory, the javascript could be modified so that whenever someone enters their password to decrypt a PM that the password is transmitted to either the forum or a third party attacker which would essentially allow them to decrypt any PM for that user.

I think the PM encryption system shouldn't be dependant on any software other than a standard web browser as a lot of users won't install the third party tools and thus a lot of users won't turn on PM encryption. The idea is this system will be used for most messages as an extra layer of security, anything private should be encrypted with PGP or something similar, if most people don't turn it on it is completely useless.

I disagree with theymos and actually think that forgetting your password is a feature. Anyway in your case losing your private key is the same as forgetting your password, and if you use default GnuPG settings and encrypt your private key, should you forget the passphrase for that you'll still lose your private key and as a result, your PM's. Users who fear they may lose their PM's due to forgetting a password should backup their PM's.

You are right that the JS can be modified, I mentioned above one solution is to copy blockchain.info's solution which was to use a browser addon to verify the JS. Users worried about the JS being modified can install the addon, however it should be optional.
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