They tried, but failed.... to stay in business perhaps.

“Proton received a legally binding order from Swiss authorities which we are obligated to comply with. There was no possibility to appeal this particular request,” Yen wrote in the post. “The prosecution in this particular case was very aggressive. Unfortunately, this is a pattern we have increasingly seen in recent years around the world.”

Crucially, the order did not provide the contents of the activist’s email, which are encrypted and cannot be accessed by Proton. Yen said a similar order would also not be able to provide ProtonVPN metadata, as VPNs are subject to different requirements under Swiss law.

Still, the arrest is alarming for many users of ProtonMail, who had expected the service to have more robust protections against legal identification. Yen pledged to update the service’s public documentation to “better clarify ProtonMail’s obligations in cases of criminal prosecution.”