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Backlash Against British Encryption Law

gardenermike writes "The BBC is reporting on some backlash against the British Regulation of Investigatory Powers Act (RIPA) that came into force in 2000, which makes it a criminal act to refuse to decrypt files on a computer. Not surprisingly, the bugaboos of child pornography and terrorism, while unquestionably heinous, are being used to justify a law which does little to protect against either. Lord Phillips of Sudbury is quoted 'You do not secure the liberty of our country and value of our democracy by undermining them, that's the road to hell.'"

32 of 409 comments (clear)

  1. Why is child pornography as bad as terrorism? by Cybert4 · · Score: 5, Insightful

    Does somebody posessing some bits on a computer equal somebody who posses plans to blow me up? Obviously a crime went into the making of the file. But it's quite easy to have stuff on your hard disk that you didn't knowingly download. Should a nasty video that happen to got downloaded with something else make you a criminal? So certain bit patterns make one a felon?

    1. Re:Why is child pornography as bad as terrorism? by Tackhead · · Score: 4, Funny
      > Probably the same reason rape often gets the same or more jail time than murder. Even though the first only involves a temporary loss of freedom and some unwanted intrusions that are over in a few minutes, and the other leave you *dead*.

      But if you really wanna rack up jail time, try copyright infringement!

    2. Re:Why is child pornography as bad as terrorism? by plague3106 · · Score: 5, Insightful

      Obviously a crime went into the making of the file.

      Obviously? What about an image which is 100% computer generated?

    3. Re:Why is child pornography as bad as terrorism? by Anonymous Coward · · Score: 5, Informative

      That was in 2002. The PROTECT Act which among others makes obscene drawings of fictional children illegal was passed in 2003.

    4. Re:Why is child pornography as bad as terrorism? by ajs · · Score: 3, Insightful

      To be fair, many would argue that rape and murder are on-par because of the long-term trauma that most people suffer as a result of rape. Certainly they are both violent crimes which any sane society takes a very firm stand against, so I'm not sure why jail time should differ between them. The thing that I've always had a problem with is that there are degrees of murder, but not of rape. Granted, it's much harder to commit rape by accident, but in murder cases, there is the concept of premeditation, and the law recognizes a premeditated murder as a distinct sort of crime.

      The real problem between those is that we're recognizing the power of rage to erase reason, but not of lust. That seems... uneven.

    5. Re:Why is child pornography as bad as terrorism? by vertinox · · Score: 3, Insightful

      Also, are you saying that if found possessing child pornography on your computer you shouldn't be prosecuted.

      Considering the ease of how most computers are compromised through a Trojan horse, its a nice way to send someone you don't like to jail. I'm surprised it hasn't been used more often.

      One would wonder if the defense team could get access to the computer afterwards to prove there was a back door installed or would the prosecution not allow "tampering" with the evidence and not let the defense use it as evidence.

      Of course that could lead to a plausible deniability if you were harboring such images and were guilty but left an inactive copy of back orifice on your computer so you could blame a so called "hacker" when you were caught.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    6. Re:Why is child pornography as bad as terrorism? by Reziac · · Score: 5, Insightful

      I'm wondering how this really differs from "thought crime".

      Imagine doing a heinous act with a child. Not a crime (yet).

      Draw a picture of said heinous act. Now it's a crime, even tho *no actual children were harmed*.

      A parallel:

      Imagine killing someone, and how you'd do it. Not a crime (yet).

      Write in your diary about killing someone, and how you'd do it. Is this now a crime, even tho no actual persons were harmed? what is the difference between this and being in possession of wholly-fictional kiddie porn??

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  2. Just a Continuation of McCarthyism Tactics by mordors9 · · Score: 5, Insightful

    Any time you disagree with the latest reduction of your civil liberties by government, it must be because you are hiding something. If you disagreed with the tactics of Joe McCarthy, it must have been because you were a pinko. If you don't want your phone calls listened to, you must be a terrorist. If you disagree with this law, its because you are a kiddie porn collector.

    1. Re:Just a Continuation of McCarthyism Tactics by drakyri · · Score: 3, Insightful

      Too right. With this sort of system, the average citizen is damned both if they comply and if they refuse to.

      People fear terrorism, which is what this law was probably meant to address. Unfortunately, with this sort of law in place, people still fear terrorism - and begin to fear their own government.

      One of the primary roles of any government is to protect the interests of its citizens on at least the most basic levels. But in pursuing their safety, there are lines that ought not be crossed. There is no way - none - to ensure that people are completely safe. We could encase our citizens in underground cells of concrete, steel and lead shielding, but this is still no bar to someone slipping in the shower.

      Just because safety is essentially unattainable doesn't mean that it's a bad goal - it's not - but it ought not be treated as paramount, and permitted to reduce civil liberties.

  3. Hit the costume store by Ravenscall · · Score: 5, Funny

    Guy Fawkes masks in 4...3...2..

    --
    You say you want a revolution....
    1. Re:Hit the costume store by 42Penguins · · Score: 4, Insightful

      "People shouldn't be afraid of their government, governments should be afraid of their people."

  4. Lord Phillips by TheGreek · · Score: 4, Funny
    Lord Phillips of Sudbury is quoted 'You do not secure the liberty of our country and value of our democracy by undermining them, that's the road to hell.'"
    Because when I want somebody's ideas on what comprises a democracy, I ask somebody with a peerage.
    1. Re:Lord Phillips by Bogtha · · Score: 5, Insightful

      Actually, since the House of Lords don't have to chase after votes all the time, they help chuck out all the stupid knee-jerk laws the House of Commons come up with to make it look like they are doing something important. It's a useful component of a democratic system that mitigates one of the downsides of democracy - that the elected representatives are concerned with appearances more than the well-being of the country.

      --
      Bogtha Bogtha Bogtha
    2. Re:Lord Phillips by eipgam · · Score: 5, Insightful

      Absolutely, as ironic as it may seem given I support decomcracy, I'm a huge fan of the House of Lords. It's an important check on Parliament, particularly given that hereditary peers have essentially been phased out and the only new members of the chamber will be those appointed by government - in fact quite a few experts in their particular fields get appointed. The US has the same idea with the Senate v the House of Representatives (although the Senate is elected), with the Senate being the more "measured" of the two.

      Lets hope that Parliament doesn't further castrate the House of Lords with its latest reforms of the lower chamber.

    3. Re:Lord Phillips by Wooster_UK · · Score: 4, Funny

      Or, given that we're talking the Lords, *snore* "what? oh, hyah, hyah" *snore*.

    4. Re:Lord Phillips by Triskele · · Score: 4, Informative
      Because when I want somebody's ideas on what comprises a democracy, I ask somebody with a peerage.
      He's a Life Peer not an inherited aristocrat (we've mostly got rid of those, thank you). You can find the details of what lead to his nomination here.

      The closest parallel I can think of would be one of your Chief Justices... They provide some oversight on Parliament's legislation, tend to be less bound by party politics and rarely bothered by winning votes.

      Personally, given the parlous state of your nation, I'd think twice about throwing jibes around about democracy.

      --

      --
      USA: home of the world's largest terrorist training camp.

    5. Re:Lord Phillips by amliebsch · · Score: 4, Insightful

      The US has the same idea with the Senate v the House of Representatives (although the Senate is elected), with the Senate being the more "measured" of the two.

      What most people - even Americans - don't know is that in fact the Senate was not originally elected at all. It was filled with the appointees of states legislatures (two from each state), who could fill the appointments however they best saw fit. It wasn't until the ratification of the Sixteenth Amendment, made during an era of populist progressivism in 1913, that the Senate became filled by direct election.

      Personally, I think it is an open question whether this particular reform has been a net positive or negative.

      --
      If you don't know where you are going, you will wind up somewhere else.
    6. Re:Lord Phillips by swillden · · Score: 4, Insightful

      Personally, I think it is an open question whether this particular reform has been a net positive or negative.

      I don't think it's a question at all. I think it's been very negative because it eliminated the voice that state governments had in the federal government, allowing the federal government to run roughshod over the states. The fact that senators were appointed by (and could be recalled by!) their respective states was another way of setting the components of government in opposition to one another. By making senators popularly elected, we significantly reduced the strength of one of the "checks and balances" built into the system.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    7. Re:Lord Phillips by Zenaku · · Score: 3, Insightful

      The reason so few Americans understand the concept of states rights is the same reason so few of us understand how to operate a medieval loom. We've never seen one in action.

      --
      If fate makes you a motorcycle, you become a motorcycle.
  5. Won't work.. by stillmatic · · Score: 3, Insightful

    Because you are going to decrypt your terrorist documents to avoid a slap on the wrist?

  6. Why not... by ShadyG · · Score: 3, Interesting

    ...just name your encrypted files random.xx, and claim that they are not encrypted at all? They are just local entropy bits you consume for testing software.

  7. As comapred to the US? by Red+Flayer · · Score: 3, Interesting
    Lord Phillips of Sudbury is quoted 'You do not secure the liberty of our country and value of our democracy by undermining them, that's the road to hell.'
    Funny, I thought that was the road to Washington, DC.

    Maybe it's the history of the British fight against the IRA, but it seems to me that the British people have been a little more tolerant of state intrusion than Americans. What I infer is happening now is that the overboard Orwellianism of the current British government is reaching a tipping point where a lot of Brits are wondering, "How much is too much?".

    Unfortunately, in the US, I think we're nowhere close to that tipping point yet... and quite honestly, I'm not sure that a majority of the public is aware of how little freedom[1] they have, nor of how long it will take for that mindset to change.

    At any rate, It's good to see that someone is vocally taking a stance (won't happen by a major figure in the US; too much conserative/moderate vote-pandering -- heaven forbid you're 'weak on terra').

    [1] Besides the obvious encroachments on our traditional liberties, what about the freedom to elect whom we choose? Corporate sponsorship of candidates, the two-party system; these all contribute to mass disenfranchisement (never mind about vote tabulation fraud and individual disenfranchisements).
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  8. Re:Heinous? by SkunkPussy · · Score: 3, Interesting

    I have always thought that the offence of statutory rape should be redefined.

    There were some figures in the guardian today showing most girls in the UK lost their virginity at 15/16, whereas for boys it was 6 months - 1 year later. Presumably reflecting delayed sexual development.

    if ~ 1/3 of UK girls are losing their virginity at 15 then thats an awful lot of statutory rape.

    --
    SURELY NOT!!!!!
  9. jail anyone by Anonymous Coward · · Score: 4, Insightful

    It's great, this law gives the police an opportunity to put anyone they want in prison.

    (1) Grab someone's computer.

    (2) Find a binary file containing more-or-less random data, or pick an image on their machine and claim it has stegonometric data embedded in it.

    (3) Demand the password for this "data".

    (4) Jail the "miscreant" when he claims he doesn't know.

  10. It's another thing to be afraid of hunters by Petskull · · Score: 5, Insightful

    I read something here a long time ago, and I think I'll repost it in it's entirety because it's just that important:

    "If you haven't done anything wrong, what do you have to hide?"

    Ever heard that one? I work in information security, so I have heard it more than my fair share. I've always hated that reasoning, because I am a little bit paranoid by nature, something which serves me very well in my profession. So my standard response to people who have asked that question near me has been "because I'm paranoid." But that doesn't usually help, since most people who would ask that question see paranoia as a bad thing to begin with. So for a long time I've been trying to come up with a valid, reasoned, and intelligent answer which shoots the holes in the flawed logic that need to be there.

    And someone unknowingly provided me with just that answer today. In a conversation about hunting, somebody posted this about prey animals and hunters:
    "Yeah! Hunters don't kill the *innocent* animals - they look for the shifty-eyed ones that are probably the criminal element of their species!"
    but in a brilliant (and very funny) retort, someone else said:
    "If they're not guilty, why are they running?"

    Suddenly it made sense, that nagging thing in the back of my head. The logical reason why a reasonable dose of paranoia is healthy. Because it's one thing to be afraid of the TRUTH. People who commit murder or otherwise deprive others of their Natural Rights are afraid of the TRUTH, because it is the light of TRUTH that will help bring them to justice.

    But it's another thing entirely to be afraid of hunters. And all too often, the hunters are the ones proclaiming to be looking for TRUTH. But they are more concerned with removing any obstactles to finding the TRUTH, even when that means bulldozing over people's rights (the right to privacy, the right to anonymity) in their quest for it. And sadly, these people often cannot tell the difference between the appearance of TRUTH and TRUTH itself. And these, the ones who are so convinced they have found the TRUTH that they stop looking for it, are some of the worst oppressors of Natural Rights the world has ever known.

    They are the hunters, and it is right and good for the prey to be afraid of the hunters, and to run away from them. Do not be fooled when a hunter says "why are you running from me if you have nothing to hide?" Because having something to hide is not the only reason to be hiding something.

    1. Re:It's another thing to be afraid of hunters by Petskull · · Score: 5, Insightful

      I forgot to add this from here

      3. Because there are lots of little things we do every day that break the rules. These include: j-walking, downloading MP3's, subletting without telling your landlord, recording sporting events without express written concent, undocumented domestic help, recreational drug use, stealing cable, logging on to other people's wireless networks, "leaking" company information to your girlfriend, anything besides the missionary position (in many states), cheating on your wife (in many states), rolling stops on empty streets, u-turns in the middle of empty streets, locking your bicycle to the handrailing, lying about your age to get into movies, lying about your age to get senior citizens discounts, lying about your age to avoid getting senior citizens discounts, telling your company that you're "sick" when you really mean you're "sick and tired of this crappy job," not reporting e-bay sales as taxable income, grabbing an extra newspaper when someone else buys one from the machine, putting chairs in the street to save your parking spot, stealing office supplies, stealing the towels, littering, loitering, the office NCAA pool, etc etc. All of these are necessary for the functioning of our society in some way or another, but are illegal. Yet we would go batshit insane without a few personal pet vices.

      And the system has been built with this in mind: nobody wants to stop your weekly 5$ poker match, they wanted to stop the gambling houses where people lost their rent money. Enforce the letter of the law, and the intent of the law gets lost.

    2. Re:It's another thing to be afraid of hunters by jimicus · · Score: 4, Insightful

      After all, if you can break the rule of law, why not them?

      De minimis non curat lex.

      "The law does not concern itself with trifles".

      IOW, the purpose of the law is put in place to hold society as a whole together by punishing those whose actions threaten the fabric of society, rather than those whose actions which, while technically illegal, are of such little consequence that quite frankly the court has better things to do with its time than listen to them.

  11. Re:Heinous? by plague3106 · · Score: 4, Informative

    The 1st amendment only applies to free expression and art that middle class Christians approve of!

    Um, what? This thread is about a UK law, and thus has nothing to do with the American First amendment.

  12. Why would anyone give over? by jtroutman · · Score: 4, Insightful

    How stiff are the penalties for not decrypting the files? If the offense that the criminal has ostensibly committed (terrorism and paedophilia were the two mentioned in the article) carries a hefty jail sentence, wouldn't they be likely to say, "Okay, I'll take the six months for not letting you see my files", rather than the more severe punishment their crime deserves?

    --
    I stole this sig from a more creative user.
  13. Warrant Canaries by grahamsz · · Score: 3, Interesting

    Slight OT, but what does the community here make of rsync.net warrant canary

    http://www.rsync.net/resources/notices/canary.txt

    They have a statement, updated weekly, that says that they have never been served a warrant.

    Their reasoning is that they can be forced to not inform their userbase that a warrant has been issued, but they believe that they cannot be forced to continue updating the canary page. As such if the page stops updating, we can assume that they either got lazy or were served a warrant.

  14. The counter-intuitive nature of British parliament by Space+cowboy · · Score: 4, Insightful

    This is something that comes up again and again in British politics - it's never the elected representatives who stand up for justice, freedom from tyranny, the common rights of the common man; it's always the unelected, completely privileged members of the house of Lords who cock a snook at the government of the day, and make a stand on these issues.

    Strange, that it's precisely the people who are voted into power who abuse it, but the "undemocratic" "establishment" figures are the ones who defend it. Sad, really. The lords can do and say what they like because they're not elected (well, some (all?) are, now), and that freedom is worth something to others.

    When Tony Blair said he was going to abolish the house of Lords, I thought "there goes democracy in Britain", I've lost count of the number of times the Lords have told the government (and I mean *both* parties here, both Tory and Labour) of the day to re-think something because the effect on the least-fortunate or most-vulnerable in society is too extreme. Partly it comes because they're *not* elected, part because of the social contract inherent in British society, partly because as individuals they *are* partisan, so the {labour} lords will pick apart the {tory} government policies and vice versa. It's a weird typically-British hotch-potch of conflicts, but somehow it all works... You'd never get it past a "government design" planning committe...

    The government can always bulldoze a bill through parliament if it gets rejected/resubmitted by the Lords 3 times (I think), but that creates news, and normally when a bill is that bad, news is not what the government want... The Lords act as a counter-balance to over-eager legislation. It *is* weird, but it works quite well :-)

    Thank [insert random deity] for the Lords :-)

    Simon.

    --
    Physicists get Hadrons!
  15. Trauma by Mark_MF-WN · · Score: 3, Interesting
    Here's a simple acid test for you: how many rape victims, one year later, would rather have been murdered? If they're equivalent, wouldn't most of those rape victims say that death would have been no worse a fate? Here in reality though, most rape victims are glad to still be alive, because rape just isn't anywhere near as bad as being killed. Yes, it revolts us, and yes, it is terrible. But murder is on a whole different plane of existence, as far as crimes go.

    Seriously though -- I suggest you ask a rape victim sometime: would it have been equally unpleasant if you had been killed instead? See how many of them take you seriously. Then note how many rape victims have gone on to relatively normal lives. Hint: it's an awful lot of them. Statistics say that 1 in 4 women experiences sexual assault of some kind during her life. Do you see 1 in 4 women wishing she'd been killed instead? Do you see 1 in 4 women spending the rest of their lives hiding in their basement with a baseball bat because they can't go on with life? Are 1 in 4 women effectively dead?

    Murder > Rape. Deal with it. That doesn't mean that rape isn't a serious crime worthy of serious punishment. It's just that it's stupid to suggest that they're just as bad as each other.