The [British] government said today it does not know their fate.
The power to force people to unscramble their data was granted to authorities in October 2007. Between 1 April, 2008 and 31 March this year the first two convictions were obtained.
The disclosure was made by Sir Christopher Rose, the government’s Chief Surveillance Commissioner, in his recent annual report.
The former High Court judge did not provide details of the crimes being investigated in the case of either individual – neither of whom were necessarily suspects – nor of the sentences they received.
The Crown Prosecution Service said it was unable to track down information on the legal milestones without the defendants’ names.
Failure to comply with a section 49 notice carries a sentence of up to two years jail plus fines. Failure to comply during a national security investigation carries up to five years jail.
Interesting, totalitarian tactic. Normally, you need evidence to prove guilt. If the defendant won’t supply it, make not supplying incriminating evidence a crime. How twisted is that?
1
Can you use “I don’t remember my password” as a defense?
Or how about “no, my data is not encrypted – you prove that it is…”
That’s ridiculous!
My first reaction was to be glad that it was not another story about another restriction on U.S. citizens by the judicial system. Unfortunately, I can foresee this coming in the near future.
How is this different than requiring people to give up their fingerprints or dna?
Its not.
If there is cause to access the drive, then it only makes common sense to require giving up the passwords.
Silly to think otherwise.
If there is cause to access the drive, then it only makes common sense to require giving up the passwords.
Silly to think otherwise.
That just because the Constitution is just a god damned piece of paper. Remember the Fifth Amendment to the Bill of Rights? The one that prohibits self incrementation? What is America with out the rule of law and a Constitution that is ignored? A frakking Banana Republic that’s what.
Heh, heh. Being required to provide “objective evidence” is NOT self incrementation. But YOU have been burned.
Free clue previously given: whats the difference between this and providing fingerprints and dna or do you think this is against the Bill of Rights as well?
I wonder if they could have got away with a password which decrypted the file to some sort of dada poem. Like showing the jpeg in a jpeg-cypher. “Doesn’t make sense? That’s your problem.”
There are several troubling aspects to the story. First, that two people were convicted (how? by a judge?) and nobody noticed. Second, that some of the actions were for “domestic extremism”, which a century ago might have included suffragism = the movement to allow women to vote. There may well be other troubling aspects!
Very troubling==No one noticed. Not even this blog.
Very troubling==No one noticed. Not even the Register from which this blog borrowed.
Very troubling==No one noticed. Not even the British Legal System that made the information available in its due course.
Very troubling==especially when one imagines what could have happened one hundred years ago.
The price of freedom is eternal vigilance. Can get very troubling otherwise.
You could use Truecrypt with inner and outer volumes. Put some bullshit in the outer and give the cretins that password and store all your good stuff on the inner.
So Diesel, what you’re saying is put this blog on the outer volume and all my Minnie Mouse Porn on the inner volume?
Cool. How loud should the volume be???
The nerds over at Slashdot have some things to say about this.
From the 125 (and counting) comments at The Reg, it seems that Mr. Diesel’s Truecrypt and my dada poem (=~Steganography) are the main candidates for relief. But of course you’d have to plan that in advance. Software which recognizes one key (and all others are invalid) no longer makes the grade.
Troubling aspect #3 is that somebody can plant an encrypted file on you, and if you don’t have the key, it can mean jail time. The password law applies to all, not just those accused of a crime.
The difference between providing dna/fingerprint evidence is that you’re merely providing information about WHO you are and not WHAT you were doing. I would assume that proving the MAC address for a network card or GUID for Windows would be compulsory if served with a court order, that would be more similar to your analogy.
I think that locking up reporters to get their confidential sources is even worse than this. If you are in contempt of court, rather than sentenced for a charge, you could theoretically be jailed forever. Since most of those cases seem to be elected officials seeking retribution against a source that outed dirt it is doubly troubling.
Chris==do you think your house should be inviolate if you have a real good door lock? Or a safety deposit box?
What “legitimate” human right are you championing?
Can you tell the difference between “testifying” which can be shifted one way or the other by coercion and that which cannot be twisted–only produced or not==objective evidence?
Can you tell the difference between the desire the be anonymous and the right of privacy?
This is why, if you use encryption, you NEED to make sure of a feature that many enc-apps like trucrypt have that allows you to use different passwords to access different sets of files within the same encrypted volume.
You just hand over the decryption key that lets them look at your holiday snaps and stories about cats, while anything that might incriminate you (or you don’t want your wife to see) is kept safely out of the way and just appears as random noise if any analysys is performed on the encrypted volume. There is NO WAY the feds (or wife) can ever tell you have more data than the password you provide them unlocks.
Of course I’ve just read what Mr Diesel says, but I can’t be bothered deleting my precious words.
#12–jbellies==this case is NOT ABOUT planted evidence. That might or might not come up later. The case presented is whether or not a citizen has a right to a hard drive that must remain sacrosanct if you thought of encrypting it. We have lawyer/client and priest/penitent and doctor/lawyer concepts of privilege. I think all do a net disservice to society “but” thats that the law.
So far, there is no law or any clear thinking, as demonstrated by your own, for hard drive/encrypter privilege.
“The disclosure was made by Sir Christopher Rose, the government’s Chief Surveillance Commissioner”
How creepy is that. A Chief Surveillance Commissioner.
@Bobbo
I guess one has to decide whether they want to be a free person or obey authority. I don’t know what I would do but I would hope that I would have the balls to stand up and say, “up yours your honor”. You might as well torture someone and get the answer you want instead of getting proof.
So, for the cost of a £20 hard drive, a free, open source bit of software and a few minute’s labor devising a strong password, a couple of people who may or may not have been hiding some illegal bytes, have now cost the people of Britain an investigation, a prosecution, a trial and will now spend at least a couple of years behind bars at an annual cost in excess of £40,000. Job done. Taxpayers screwed.
Re: bobbo, are you that uninteresting that you have to add a new tag line to your damn name every time you post?
Enough said!
#18–Improb==”I guess one has to decide whether they want to be a free person or obey authority.” /// Thats true no matter what the law/issue is. I don’t think that is a consideration though on the question of whether or not the law is appropriate.
I don’t know what I would do but I would hope that I would have the balls to stand up and say, “up yours your honor”. //// Well, you can decide whether or not you wish to conform to the laws of your nation. Certainly, if you want to keep hidden those things that if revealed would subject you to more jail time than the sentence for failure to provide the password, then your actions would only be self serving. If you have nothing to hide and you are standing up for freedom, then you are just being a short sighted easily led poorly informed ill educated maroon.
ou might as well torture someone and get the answer you want instead of getting proof. /// Well, third time at bat: this is not about getting the answer you want, its about producing objective evidence.
I’d vote for such a law when it comes up in the USA. I see no reason to give guilty or stupid people a leg up on the system/rest of us.
#19–Animby–a departure from your normal well reasoned posts. Your alternative to a trial on the merits is what?
#20–SB==why would you post my nome-de-issue fell on the interesting/uninteresting continuum?
Heh, heh. I’ve heard it said that interesting is as interesting does?
What if decrypting requires a key file and that file happens to be missing?
I think the owner of a hard drive should do any reasonable thing to provide access to the drive when reasonable cause to access the hard drive has been established in court.
I can imagine what a key file is, can’t imagine why what I imagine should not be produced.
What special effort relevantly separate/different from providing a password does it involve?
There may be something like this in American law when you cross the border. If they want to look at everything on your computer and you say no…At best you don’t get your computer back.
bobbo, nobody cares what you say, thats what I’m sayin’
Your reply to me makes no sense as a matter of fact. I think it only makes sense in your mind.
Whatever!
Dummy is what dummy says 🙂
“The Crown Prosecution Service said it was unable to track down information on the legal milestones without the defendants’ names”, try, Archebald Buttle and Samuel Lowry.
bobbo,
“Well, you can decide whether or not you wish to conform to the laws of your nation.”
Finally, the heart of the matter.
We have allowed laws to be passed that toss away freedoms and liberties in ways that would have appalled the Founding Fathers.
I just got finished watching a film called “Nothing But The Truth” about a reporter who went to prison to protect a source. A point brought up in the film was that we now have laws that override the Constitution forcing reporters to expose sources, effectively killing freedom of the press since who would talk about government wrongdoing if they knew they would be outed.
We are no longer a country that values freedom other than as lip service. We value safety first. We may be freer than other countries in many ways, but we are no longer free the way we once were.
This case, admittedly British, is a harbinger of what’s coming. FAIK, we may already have laws that require giving up potentially incriminating evidence in this manner. Or soon will, what with Supreme Court rulings and Congress-passed laws that legally violate the clearly stated desires of the framers, but generally trampled on by ‘conservatives’ on the Court and in Congress.
You may be happy to live in a society like that with freedom limiting laws, but I would prefer my freedoms and liberties not be constantly eroded.
but only one to end it.
Heh, heh.
I truly don’t understand why YOU wouldn’t find making not sense not to be interesting.
or
I understand why YOU find not making sense to be uninteresting.
Interesting??? No?
Interesting.
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Roberto the obstinatE