British Police Demand Access To Encryption Keys
flip-flop writes "In the wake of recent terrorist attacks, police here in the UK have asked for sweeping new powers they claim will help them counter the threat. Among these is making it a criminal offense for people to refuse disclosing their encryption keys when the police want to access someone's files." From the article: "The most controversial of the police proposals is the demand to be able to hold without charge a terrorist suspect for three months instead of 14 days. An Acpo spokesman said the complexity and scale of counter-terrorist operations means the 14-day maximum is often insufficient."
Innocent until proven guilty. Although that statement is ignored just as often in the US as it is in England, laws that we pass try to at least give the impression that we respect it. So, here is how things go if this passes...
...Time to get pricing on high speed internet access on the moon I guess. This planet's done for.
GoodGuy has a friend who is in some domestic trouble and is hiding some of his assets in off-shore accounts. He keeps his friends account information in an encrypted folder on his computer because his friend doesn't want to lose it and trusts him.
EvilAgentMan thinks GoodGuy is a terrorist planning on taking over the world, due to his recent purchase of a salt water aquarium, baby sharks, laser pointers and duct tape. He charges GoodGuy as being a EvilDoer(TM) and puts him in jail. While looking for evidence, he notices an encrypted folder on GoodGuy's computer. He tells GoodGuy that he must hand over his encryption keys or be charged with the crime of not handing over his encryption keys. He must decide on going to jail for something he is completely innocent of, or releasing potentially incriminating evidence on his friend.
Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
Sure, you can have my encryption key. Here it is:
01100110 01110101 01100011 01101011 00100000 01101111 01100110 01100110
"Simplify, simplify, simplify!" Thoreau
Fortunately we have things like StegFS. But I really shouldn't be disclosing such information, some people in the govA*$%#)D$@#$NO CARRIER
I was pretty sure that the regulation of investigatory powers act (1998?) already made it an offense to refuse to disclose an encryption key?
"XML is like violence. If it doesn't solve your problem, use more." - Anonymous Coward
The real measure of a free, open and just society is how it behaves in bad times - not in good times. When difficulties arise and the authorities want sweeping powers to 'protect' the citizens, should the citizens give up important civil liberties for what is probably just an illusion of safety? When are you ever safe enough in these times? Maybe the citizens should stop and ask themselves how much they really value their civil liberties - just how far should you go? Maybe the citizens should not crow too loudly about how free, open and just their society is when they look back at how their country has behaved in difficult times..
Among these is making it a criminal offense for people to refuse disclosing their encryption keys when the police want to access someone's files.
I'm not familiar with British law, but I do know American law is based on the same doctorines as the British(from a historical perspective at least).
In the U.S. the court can order you to provide encryption keys and if you do not you will be held in contempt of the court. This usually means the judge puts you in jail until you decide to provide the keys. To me(IANAL) it seems like the above just formalises the practice. Via the wikipedia reference it appears as though the U.S. did this in 1981.
Being held in contempt of the court is a very normal tool for judges to use with uncooperative court subjects, cryptographic keys aren't special or different.
- "Never let a computer tell me shit." - DelTron Zero
I use CSS encryption for all my privacy needs. I'm sorry, but I'm afraid that it would be illegal for me to provide you the software code that breaks it.
Uniting the Kingdom by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
Public use of any portable music system is a virtually guaranteed indicator of sociopathic tendencies. -- Zoso
What is the difference between the right to prevent self-incrimination (i.e. the right to silence) and the right to not say your password?
In England and Wales, "a defendant cannot be convicted solely due to their silence" yet this is saying precisely the opposite.
They want encryption keys, but I dare say that not ONE of the investigators (or government officials) can point to a single connection between the recent stuff in London and encrypted information. They keep demanding solutions to problems that don't exist - that's why this stuff keeps happening. If they'd try to solve the problems that DO exist, they might get somehwere- WITHOUT becoming a police state.
And how exactly would you know this?
From the PGP FAQ:
Sure it is unlikely, but unless you have some way of proving what you say, it would be unwise to believe that no one can / will in the near future be able to crack or intercept your encrypted messages.