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UK Government Can Demand You Hand Over Encryption Keys

iminplaya writes "The UK government can now demand that citizens hand over their data encryption keys - or face jailtime for obstructing justice. The law only applies to data on UK shores, and doesn't cover information transmitted via UK servers across the internet. 'The law also allows authorities to compel individuals targeted in such investigation to keep silent about their role in decrypting data ... The Home Office has steadfastly proclaimed that the law is aimed at catching terrorists, pedophiles, and hardened criminals--all parties which the UK government contends are rather adept at using encryption to cover up their activities.'"

426 comments

  1. hmm by pak9rabid · · Score: 4, Funny

    I guess when wire-tapping and CCTV just isn't enough

    1. Re:hmm by Anonymous Coward · · Score: 0

      Big brother needs a view of everything!

    2. Re:hmm by Anonymous Coward · · Score: 0

      Oh for the UK government, wiretapping, CCTV, and handing over encryption keys are just the beginning :) . The next step is hourly urine test, DNA hair test after every lunch break, Luminol bodyspraying (just incase you get someone blood on you in the last three hours), daily interrogation, simulated drowning, and free 14 days paid vacation (in other words, free rendition flights to a torture camp at a country of your choice). THAT will probably be enough for the UK....

      ... but then that would mean that all the neds (Non-Educated Delinquents, i.e. anyone under the age of 30) would be in jail. BUT that might be the ULTIMATE aim of the UK government anyway.

      Lewis Prothero: England Prevails! (V for Vendetta)

  2. Its very important that we all do this. by TechnoBunny · · Score: 3, Funny

    Unless we let the government have access to all our data then the terrorismists will WIN.

    After all, if you've nothing to hide then whats the problem? I for one will be printing out all of my data in hardcopy to send to the government, as I am a PATRIOT.

    After all - there was no terrorismisticals before the internet.

    1. Re:Its very important that we all do this. by Anonymous Coward · · Score: 2, Funny

      I'm sure they'll appreciate all the porn :)

    2. Re:Its very important that we all do this. by tomhudson · · Score: 2, Insightful

      "After all, if you've nothing to hide then whats the problem? "

      The problem is that people who SHOULD be hiding things, don't - like the whales on the beach (both sexes) who squeeze into too-tiny bathing suits.

      As for the encryption keys - "Gee, I forgot it." Prove otherwise. How many passwords have YOU forgotten?

    3. Re:Its very important that we all do this. by Chrisq · · Score: 1

      I for one will be printing out all of my data in hardcopy to send to the government

      Actually it would be a really good protest if you could get everyone to do that for a week, or even a day. Imagine all the mail sacks arriving at No. 10, and all the real letters getting mixed up with data reports!

    4. Re:Its very important that we all do this. by Anonymous Coward · · Score: 0

      After all - there was no terrorismisticals before the internet.
      Nor gun ownership prohibition in the UK.
      Unarmed ... SAFER?

    5. Re:Its very important that we all do this. by UbuntuDupe · · Score: 4, Funny

      Hm, I generally go with: "Oh, you don't need the key; just factor the semiprime. What, you bad at math or something?"

    6. Re:Its very important that we all do this. by westlake · · Score: 2, Insightful
      As for the encryption keys - "Gee, I forgot it." Prove otherwise.

      Six months in the county lock-up will do wonders for your memory - which is what thi smart-ass response to the judge will get you.

    7. Re:Its very important that we all do this. by _14k4 · · Score: 1

      Where do you store your keyrings, out of curiosity. I have a work email and my gmail... I have a thought that I should have the same keyring at work as I do at home, as I do safely stored somewhere for backup...

      But is there a "keyring best practices" out there at all?

      Just curious.

    8. Re:Its very important that we all do this. by Anonymous Coward · · Score: 0

      Ok, It say's that you've got to give them your key
        Does it specify that it's got to be in the correct sequence? or how many times a character is repeated?

      If not here's the key. Let them work it out.
      `1234567890-=!"£$%^&*()_+qwertyuiop[]{}asdfghjkl;'#:@~\|zxcvbnm,./?|½¾{[]}\

    9. Re:Its very important that we all do this. by Anonymous Coward · · Score: 0

      Six months? There are countries (US?) where insisting on your privacy rights could well get you locked up indefinitely. At least you get to keep your fingernails.

    10. Re:Its very important that we all do this. by networkBoy · · Score: 2, Interesting

      My keyring is stored in a TC volume on a few (4) USB keys.
      I have the key for the TC volume in my head and nowhere else.
      Should I be compelled to divulge my keys I can honestly say I don't know them and that they are stored in a secure volume.
      Should I be compelled to divulge the "one key to rule them all" then I can either:
      a) divulge the main volume key, thus granting access to what I deem to be low risk keys.
      b) serve jailtime for "forgetting" the keys.
      there is no option c) as I deny all knowledge of using the hidden volume feature of TC.

      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    11. Re:Its very important that we all do this. by arkhan_jg · · Score: 4, Interesting

      That's the problem - forgetting the password is not a defence. Failing to hand it over when asked carries up to a 5 year jail sentence, as it's assumed whatever you're 'hiding' would cause you to be imprisoned. The basic premise, if you use encryption, is that you are guilty of something and it's up to *you* to prove otherwise by letting the police rifle through *all* your data looking for something incriminating. Failure to do so is evidence itself of guilt!

      This law was passed 7 years ago, and the home office has been quietly waiting for the original outrage to die down to see if they could get away with actually using the powers they were granted before 9/11 or 7/7. Of *course* they'll only use it against terrorists and pedophiles. Nothing to fear citizen, sleep soundly in your bed, safe in the knowledge we're only imprisoning bad men. After all, only bad men use encryption then forget the password...

      Of course, if you're a pedophile you're far better off taking the 2 years for failure to hand over your encrypted data, than to take the potentially decades in jail if you have incriminating photos and a sex offender offence that might well get you killed there. I don't think it'll be too long before the maximum sentence gets raised to be in line with the worst crime you might be assumed to have committed and hiding via encryption...

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    12. Re:Its very important that we all do this. by networkBoy · · Score: 1

      Six months in the county lockup is fine with me.
      I won't like it.
      I won't enjoy it.
      but it's better than any judgments against me as a result of testifying against myself by divulging my secrets.

      I think that is the point people are missing. Sure there is going to be a penalty to be paid (unless you are Ollie North) for refusing to testify. But the penalty could be far worse should you acquiesce to demands to expose your keyring.
      -nB

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    13. Re:Its very important that we all do this. by Anonymous+Brave+Guy · · Score: 2, Insightful

      As for the encryption keys - "Gee, I forgot it." Prove otherwise.

      They don't have to. If you don't provide a key they believe exists, for any reason including the fact that it doesn't really exist or that you really have forgotten it, then you are automatically guilty under the RIPA. It's a bit of law to make those behind the USA PATRIOT Act proud — and our glorious government even wrote it before 9/11.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    14. Re:Its very important that we all do this. by fastest+fascist · · Score: 1

      The basic premise, if you use encryption, is that you are guilty of something and it's up to *you* to prove otherwise by letting the police rifle through *all* your data looking for something incriminating. Failure to do so is evidence itself of guilt!
      No such premise is necessary. Failing to provide the keys makes you guilty of breaking the law that requires you to do so. That is all. Your guilt or innocence in the matter you were being investigated for in the first place is in no way related to your guilt in not giving up your keys. Your being investigated in another matter that prompted the order to yield your keys is simply a legal requirement for the gov't to be able to order you to give the keys.

      You seem to think laws need to be somehow morally grounded. That is not the essence of laws. Laws are by design amoral, they are enforced per their own rules, because different people have different moral views. The only way morals enter into the question of laws is when individuals make decisions, based on their own views, on whether or not to follow laws.
    15. Re:Its very important that we all do this. by _14k4 · · Score: 1

      TC is great, I agree. I think I'm going to toy around with cleaning out the "keychain"s I happen to have... and just keeping my personal keyrings on a TC volume, too. (I have TC on a keychain and a copy of the volume on my pc.)

      I don't know that I could 'legally' toy with TC here at work - I need to have a sec keyring for work...

      I wonder if I can tell gpg, via command line, to use a different sec/pub keychain when I want to decrypt any crap I have that is personal (to say, gmail.) This way, I can keep the ring inside TC on the keychain. When the keychain is out of the pc, it's "gone" and no trace is on the pc.

    16. Re:Its very important that we all do this. by Cederic · · Score: 1


      Sadly the law is immoral, as it can lead to a lengthy jail term for someone that is completely innocent of all crimes, and has no possible ability to comply with this law.

      Can you please provide the encryption key for your swap file? It must be encrypted, it can't be opened in MS Word. Oh, you're pretending it isn't encrypted? We don't believe you. Provide the key or be locked up.

      That's how the law is written. That is very wrong. Immoral, perhaps.

    17. Re:Its very important that we all do this. by _14k4 · · Score: 1

      Of course, all I really need to do is place anything seriously important in a similar manner as you and just treat the work keys like what they are: work keys. If I want to, for some reason, decrypt an email sent to me on a personal address, I can use the keyring in tc.

    18. Re:Its very important that we all do this. by arkhan_jg · · Score: 2, Insightful

      "Failing to provide the keys makes you guilty of breaking the law that requires you to do so."

      Yes, but you fail to address the basis for that law. Encrypting your files is not illegal. However, it might as well be now.
      The *purpose* of the law is to make hiding your data an offence, so that you don't hide your data, or if you do they can still nail you for something.
      The *effect* of the law is that if you encrypt your files, regardless of whether you've done anything wrong - and I emphasise, encryption is still legal - you can face 5 years in jail.

      I don't know where morals come into this. I expect the due process of law. I expect to be held innocent until proven guilty of a crime. I expect to be able to exercise my right to privacy. These are fundamental to our society, and our current body of law. Yes, a fascist police state can do what it likes with the law, but I supposedly don't live in one of those. Yes, you can pass a law making 'not giving over all your data when asked' a crime, but then the government could declare 'being left handed' a crime - just because they CAN doesn't mean they SHOULD, nor that it's concommitant with our existing laws.

      This law basically makes me guilty and facing prison if I use encryption, regardless of what else I have and haven't done. I don't consider that just, or fair. Putting me in jail for 2 years because I've forgotten my password, with those investigating me gagged by court order, with no other law broken, makes a mockery of the justice the law is supposed to codify.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    19. Re:Its very important that we all do this. by Mr.+Slippery · · Score: 2, Informative

      You seem to think laws need to be somehow morally grounded. That is not the essence of laws.

      It's often how laws get made. "We have a moral imperative to protect the children! Only pedophiles and terrorists use encryption!"

      Fortunately, here in the U.S. (chuckle) we have a Constitution (ha ha) that strictly limits government powers (ho ho ho) and guarantees the right to not testify against one's self (chortle guffaw ROTFLMA).

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    20. Re:Its very important that we all do this. by Sardonic1 · · Score: 1

      Wasn't this why Moot OS was started? www.M-o-o-t.org And it's still not available (aka where is the developer).

    21. Re:Its very important that we all do this. by Alsee · · Score: 3, Insightful

      >I forgot it.

      Six months in the county lock-up will do wonders for your memory - which is what thi smart-ass response to the judge will get you.


      I happen to have something on my drive right now which for the last half year or so I have been *trying* to remember the password. I would delete it but for the slim chance I might be able to remember the password some day, or that a relevant cracking program might eventually be developed.

      Nazi fuckers like you and these UK government government deserve a chainsaw enema. Being "tough on crime" is a mental defect when you are blind/unphased about imprisoning innocent people in your Crusade.

      Oh wait, I forgot. Anything which makes it more difficult to catch and convict criminals must itself be made criminal. The fact that anyone ever posesses anything encrypted means they must already be a criminal.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    22. Re:Its very important that we all do this. by Sergeant+Pepper · · Score: 1, Funny

      The internet was designed to be a durable, scalable, decentralized information delivery system so that, in the event of a nuclear attack, American military leaders would still have access to pornography.

    23. Re:Its very important that we all do this. by Anonymous Coward · · Score: 0

      If you were on the mailing list when the actual introduction of this act was announced you would have been offered the opportunity to test the late betas of m-o-o-t...

    24. Re:Its very important that we all do this. by tomhudson · · Score: 1

      > > As for the encryption keys - "Gee, I forgot it." Prove otherwise.

      > Six months in the county lock-up will do wonders for your memory - which is what thi smart-ass response to the judge will get you.

      Hey' I could use the vacation. Unlike most of the people who post "talking big" I've actually led demonstrations, been arrested at other demonstrations, punched in the face by a member of the riot squad for peaceful resistance, thrown in jail for my beliefs, etc ... and I win every time I get before the judge.

      If some judge wants to throw me in jail for not being able to remember a key, that's their privilege. How many people are they willing to do that to, before they realize that the law is unworkable? Or is everyone else just going to stand there, bend over, and "take it like a man" when the government says "cough them up" ...

      The whole idea of privacy is not because you have anything to hide, but that people should have better things to do with their time than be nosey parkers, and that your tax dollars shouldn't be wasted on such stupidity.

    25. Re:Its very important that we all do this. by tomhudson · · Score: 1

      They can demand all they want ... what are they going to do - fill the jails with innocent people? It still won't get them what they want ... If you can't remember it, you can't remember it. How many accounts have you forgotten the password to?

    26. Re:Its very important that we all do this. by iminplaya · · Score: 1

      ...fill the jails with innocent people?

      Yes

      It still won't get them what they want ...

      Filling the jails IS what they want. It's big business, and getting bigger.

      --
      What?
    27. Re:Its very important that we all do this. by rtb61 · · Score: 1
      So what you are saying it is now a criminal offence to forget your password, and you are guilty until you can prove your innocence.

      Now according to the law and you are actually innocent until you are proven guilty, is not the court required to prove you did not actually forget.

      Consider you have a severe accident and suffer brain damage with memory loss the result, you will now spend you recovery in prison.

      Now a law enforcement officer has supreme power, plant an encrypted file on your computer and leave you in jail until you can guess the password.

      To repeat an age old one for the umpteen time, M$ does not warrant that their OS is free of viruses at delivery or that it in any way secure, but somehow you as the customer now have to warrant the software is secure and is free of viruses (that could allow the unknown storage of encrypted files on your system) and now 'YOU' will go to prison if your computer is hacked.

      --
      Chaos - everything, everywhere, everywhen
    28. Re:Its very important that we all do this. by RK077208 · · Score: 1

      and here the usual propaganda(cartoons, etc) has been depicting terrorists groups as technologically stupid people from rural places somewhere...

    29. Re:Its very important that we all do this. by Anonymous+Brave+Guy · · Score: 1

      The problem is, laws like this aren't generally being used to abuse our population en masse (though of course they could be used to "justify" doing so in future). Right now, most of the insidious laws are being used against a relatively small number of people, but with devastating consequences (up to and including imprisonment without charge or, in at least one obvious case, death). That's enough to stir up a lot of righteous indignation, but not enough for Joe Public to risk his own liberty defending the innocent victims. In a sense, this is a worse situation than widespread abuse, because while the consequences to the abused are no less serious, the people as a whole don't rise up to fight it, and it can continue for a long time and build up the victim count slowly.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    30. Re:Its very important that we all do this. by tomhudson · · Score: 1

      ... and that's the problem with every law that "will only be applied to 'those people'" ... one day, you could be deemed to be one of 'those people'. Why? Because!

      Its like the mentality some people still have, that if you're arrested, you must have been guilty of *SOMETHING!*

      Fascism usually starts out this way.

    31. Re:Its very important that we all do this. by Anonymous+Brave+Guy · · Score: 1

      I couldn't agree more.

      Several of my favourite quotations come from H. L. Mencken, who once observed that "The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all." The problem here, of course, is that even in these early stages, it's not just scoundrels who are being caught in the net.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    32. Re:Its very important that we all do this. by tehcyder · · Score: 1

      As for the encryption keys - "Gee, I forgot it." Prove otherwise. How many passwords have YOU forgotten?
      No, the whole point of TFA and this thread is that the UK government would like to make it a criminal offence in itself not to hand over the key, in the same way that if you refuse a breathalyser test you get charged with drink driving as though you'd failed one.
      --
      To have a right to do a thing is not at all the same as to be right in doing it
    33. Re:Its very important that we all do this. by tomhudson · · Score: 1

      I'm sure some enterprising smart-aleck (./me raises hand to volunteer if it ever happens in my country) will argue that there's a difference between refusing and being unable to because you can't remember :-)

    34. Re:Its very important that we all do this. by PastaLover · · Score: 1

      You can only face 5 years in jail if you are encrypting your files, forget or lose your encryption key, keep the encrypted files and somewhere in the very near future your house is searched for information about some crime or another. After that, the cops and the government still have to prove that there is reasonable cause to believe you still have the key. Okay, so I'm not sure about the exact wording of the law and it might be worse than that, but your paranoia seems unfounded. The police breaks into people's safes all the time, that hasn't stopped people from buying safes.

    35. Re:Its very important that we all do this. by arkhan_jg · · Score: 1

      Yes, but you don't go to jail for a separate offence of 'having a safe' if you lose the key to the safe and they want to know what's inside it. They just brute force the lock off, but doing that for encryption is too hard for the police. This law will be on the books for a long time. If I get searched for some bullshit reason at any point in the future - given the increasingly police state and surveillance society in britain, that gets more likely every day - and have an old encrypted file that I've long since lost the password for, I'm still on the hook for 2 years to provide a key. I have the file on my hard-drive; that's sufficient 'reasonable belief' (the wording) that I have, or had the key. It's now up to me to provide a preponderance of evidence that I don't have key any more. Just saying I don't is not enough. Once I've proved I don't have it, somehow, they then have to prove beyond all reasonable doubt (to legal rather than logical standards of proof) that I do in fact have the key.

      The canonical example. You send me an encrypted file with a dodgy subject line - here's the blueprints of a tube station you asked for. The email monitoring they're doing under the same act picks that up, and I get a visit from the plod. I don't know you, didn't ask for the file, but someone sent *me* the email so that's 'reasonable belief' I have the key to it somewhere. I now have to prove I don't have the key, or it's up to 5 years in jail because it's suspicion of involvement in a terrorist act, as the law is written.

      Yes, the law will probably only be used against actually bad men. I don't like 'probably' anywhere near my laws, nor do I like widely written laws that can target a lot of people only being selectively enforced against those who float up to attention some other way.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    36. Re:Its very important that we all do this. by PastaLover · · Score: 1

      Fair enough. Let's hope the courts manage to interpret the law in the "correct" way.

  3. Been like this for years by CRCulver · · Score: 4, Informative

    This law has been around for years. In fact, back when PGP was big, some UK residents on Usenet would have sigs saying something like, "If I revoke a key without explaining why, it is due to that law".

    1. Re:Been like this for years by mikelieman · · Score: 4, Informative

      And the idea is why Rubberhose Crypto was developed.

      It had setup the system so that there could never be any confidence that ALL the encryption keys have been turned over.

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    2. Re:Been like this for years by Maximum+Prophet · · Score: 3, Insightful

      If the government has no confidence that you've turned over *all* the keys, won't they just put you in jail indefinitly even after you've turned over the keys?

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:Been like this for years by Chrisq · · Score: 5, Interesting

      GnuPG has a --show-session-key command, so that when you are asked to reveal the key for an encrypted message you can comply with the law by revealing the session key that was generated for that specific message rather than your secret key. This complies with the letter of the law, so you can ask for a written order for each individual message. Of course if they are really serious at this point they will smile at your request and get out the rubber hoses....

    4. Re:Been like this for years by speaker+of+the+truth · · Score: 1

      This is the UK government, not the US one. I can't think of any recent instances where the UK has detained someone indefinitely without coaxing from the US.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    5. Re:Been like this for years by rucs_hack · · Score: 2, Informative

      not so long as the keys they have allow access to all your encrypted data that they know about.

      I use a somewhat secure method to protect my personal data. Its a thing I like to call 'burning to dvd and not keeping it on my pc'.

      Yes I know dvd's can be stolen, but they have to find them first. Anyway, most of what I'm worried about isn't ephemorous threats of government snooping, but the far more likely possibility of my machine being hijacked by criminal types over the tubes.

    6. Re:Been like this for years by julesh · · Score: 2, Informative

      This law has been around for years. In fact, back when PGP was big, some UK residents on Usenet would have sigs saying something like, "If I revoke a key without explaining why, it is due to that law".

      The legislation was passed in 2000, yes. However the law was phrased so that it wouldn't become active until parliament provided a code of practice and announced a date for it to become active on. The last I heard there was a draft code planning to commence the law on 1 October 2007. I hadn't heard about this passing parliament, though, so thought it was going to happen. I may be wrong, though.

    7. Re:Been like this for years by julesh · · Score: 3, Informative

      Yes, here it is. It passed in july.

    8. Re:Been like this for years by bi$hop · · Score: 1

      If I revoke a key without explaining why, it is due to that law. Although revoking your key would not help with this law, because a revoked key can still be used for decryption (as can an expired key). A revoked key would only prevent future encryption.
    9. Re:Been like this for years by internewt · · Score: 2, Interesting

      In a past discussion like this one, here on slashdot, I saw talk of a system that might potentially bypass this kind of law.

      You have 2 computers, A and B. The HDD's in both are encrypted, the two systems network boot off each other, with the encryption key stored on the other machine. i.e. A's key is on B, and B's key is on A. You'd obviously need a third computer whilst building this system, but once built, as long as A and B aren't powered off at the same time you would have 2 fully encrypted servers without direct access to the keys. You could have a panic button too, to cut the power to both, essentially bricking the computers and making it impossible for law enforcement to acquire evidence. If the police got a warrant and removed the computers, well, they'd probably power them all down to move them, destroying any evidence themselves.

      Can anyone remember anything else about this? Or have seen it done, or have done similar themselves?

      --
      Car analogies break down.
    10. Re:Been like this for years by armb · · Score: 1

      The Regulation of Investigatory Powers Act 2000 has been around for years (7), but The Regulation of Investigatory Powers Act 2000 (Commencement No. 4) Order 2007 actually came into effect on October 1st.
      http://www.lightbluetouchpaper.org/2007/09/30/time-to-forget/

      --
      rant
    11. Re:Been like this for years by badfish99 · · Score: 1

      All this does is to ensure that, if the police raid you, you are guaranteed to be sent to jail for not having the encryption keys to your data.

    12. Re:Been like this for years by pintpusher · · Score: 1

      What do you do when the cat kicks the power cord out of machine A while you're elbow deep in the guts of machine B replacing some card? The possibility for accidental bricking of the whole thing seems to high to me. Of course, you could add more machines to the system, reducing the chances of this happening, but then you raise the opportunities for having it compromised. Still, I like your idea.

      --
      man, I feel like mold.
    13. Re:Been like this for years by Wowsers · · Score: 1

      I thought the security services said they are SO good they don't need your keys, and can hack anything.

      --
      Take Nobody's Word For It.
    14. Re:Been like this for years by Anonymous Coward · · Score: 0

      Er, what? Control Orders?

    15. Re:Been like this for years by obarel · · Score: 1

      Better yet, I'll sell you a "boot subscription" from my off-shore company. Whenever you boot, you have to request your encryption keys from my server. The thing is that you can cancel your subscription with a simple phone call ("Please enter your account number..."). Once you do that your computer is a brick.

      Being off-shore, I don't have to reveal anything to anyone.

    16. Re:Been like this for years by belroth · · Score: 1
      Not just Usenet - see the sig.
      It's been that since RIPA was passed.

      The other bit is that you can go to jail for telling anyone that you have had to decrypt your data.

      --
      I hereby inform you that I have NOT been required to provide any decryption keys.
    17. Re:Been like this for years by darkmeridian · · Score: 1

      The written request may be "All e-mails between persons X and Y between January 2007 and June, 2007, inclusive." Then you have to come up with all the session keys for all the thousands of encrypted e-mails you sent. The government guy will smile at you as you realize you're going to jail because you didn't keep all of these keys. Then you have to cave in and sell out your friends to avoid jail time.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    18. Re:Been like this for years by internewt · · Score: 1

      Well, I got the idea from some comment said here on slashdot, but I've thought about the practicalities of making a system like this. I've even tried some of the basics in VMWare.

      The chance for accidental brickage is high, so you'd need stable machines in the first place, and probably two UPSs. You'd have to be very regimented with yourself when it comes to working on the machines, to avoid cat-type incidents, but I think it'd be manageable. In theory, you'd be able to have backed up copies of the keys for emergencies, but then you'd fall foul of the law..... so keep their existance really quiet! ;)

      --
      Car analogies break down.
    19. Re:Been like this for years by stewwy · · Score: 1

      seems a stupid idea, after 30 seconds thinking about this..... if i set up a system whereby I sent an email once a week to friends saying my data is safe then, if I was not able to because I was being held incommunicado would it still be my fault if all my friends now assumed my data was compromised? would they then be in trouble if they told others or posted a warning on /. ? seems to me another law to catch the stupid criminal, whilst clever criminals get to rule countries (or at least control those that do )

    20. Re:Been like this for years by pintpusher · · Score: 1

      Essentially you'd have to be willing to lose all your information. That's the crux of these issues in my opinion. If you've got some info that is sooper-important-2-keep-sekret then you have to be willing to lose that information altogether in order to ensure it is still secret. In that case, then this idea is a pretty good one. Sort of the MI idea: this tape will self-destruct in 5 seconds deal. If you didn't happen to get the information, well that's better than the bad guys getting it.

      When you run afoul of the law though, there is another issue. Can you prove you don't have the info elsewhere? If you can't *prove* that you can't produce the information, then you're in the same position as you would be if you merely refused to divulge the information. IOW, the torturers have to believe you can't produce that information. I would assume that belief sets in somewhere around the brink of your death, with the range extending, of course, beyond the brink of your death.

      Still, in the case of lose the information rather than divulge it (certainly viable in a lot of criminal situations, I'd guess), it's a pretty good idea. Pretty complicated to implement and very touchy to operate, but still useful.

      --
      man, I feel like mold.
    21. Re:Been like this for years by mikelieman · · Score: 1

      I think the right assumption to make after you're snatched off the streets is that you're going to be murdered anyway, so some might consider a lifetime in the camps to be an improvement.

      I think the flaw in rubberhose crypto is it's an INTELLIGENT response to the situation, namely, how to you render the process of coercive interrogation essentially pointless?

      The problem with that strategy, is it relies on the torturers being reasonable enough to UNDERSTAND that torture is unreliable for anything but terrorizing the locals into submission, and *won't* satisfy the requirements for gathering intelligence.

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    22. Re:Been like this for years by Chrisq · · Score: 1

      It depends how patient you are. The session keys are retrievable from the messages (if you have your own secret key). If you store all your messages you can retrieve the individual secret key for each one.

      You might even be able to ask the security services for a copy of each email, consider the equivalent of hand encrypted snail-mail. If someone asked you to reveal the keys for all letters between persons X and Y between January 2007 and June, 2007, inclusive you probably would not remember without copies of the letters. Of course if the security services have done their homework they will request decryption of all relevant emails, so you may as well just hand over your secret key.

  4. Old News by malsdavis · · Score: 0

    This laws was implemented years ago. The article author seems to know very little about the law in this respect, especially as it has barely changed since introduction in its 2000/20001. Thankfully, it appears it has yet to be used in a non-terrorism related case.

    1. Re:Old News by Salsaman · · Score: 5, Insightful
      Thankfully, it appears it has yet to be used in a non-terrorism related case.

      Since part of the law prohibits telling anyone that you have had to hand over the keys, how can you be sure about that ?

    2. Re:Old News by malsdavis · · Score: 1

      Because this sort of thing is documented quite clearly in reports and statistics. Maybe their government illegally fails to report the use of the law, but then why bother making the law in the first place?

    3. Re:Old News by UbuntuDupe · · Score: 2, Insightful

      You're saying, it's illegal to tell people what semiprimes the government knows the factors of?

    4. Re:Old News by julesh · · Score: 2, Informative

      This laws was implemented years ago. The article author seems to know very little about the law in this respect, especially as it has barely changed since introduction in its 2000/20001. Thankfully, it appears it has yet to be used in a non-terrorism related case.

      No, the law was *made* years ago. It has yet to be used because it first entered into force yesterday. Give them time! :(

    5. Re:Old News by Anonymous Coward · · Score: 0

      New here, are you?

    6. Re:Old News by Anonymous Coward · · Score: 0

      I really wish I could be as naiive and oblivious as you. Life would be so much more comfortable that way.

    7. Re:Old News by Anonymous Coward · · Score: 0

      And I'm glad I'm not as paranoid as you. Life is so much easier when I'm not terrified of a conspiracy lurking in every shadow.

    8. Re:Old News by Tim+C · · Score: 1

      Yes, and the reasoning behind it is obvious, if the actual clause itself is odious.

  5. hidden volumes by kalpol · · Score: 2, Interesting

    I'm curious to see how they handle hidden volumes on encrypted disks. Sure you can give up the first key, but if you don't give up the second (or the x-th, how far can you nest these?) who's to know?

    --
    12:50 - press return.
    1. Re:hidden volumes by malsdavis · · Score: 4, Informative

      Because the law wasn't designed to work like that. The police can't demand "hand over all your passwords so we can route around for anything illegal", it has to be a specific key to a specific piece of suspected evidence (e.g. Database or file). If you had hidden volumes on an encrypted disk they would have no way to know there was potential evidence there and therefore could not demand you hand over the password.

      This aspect of the law is routinely ignored on Slashdot to try and enhance the "evil" reputation of the law.

    2. Re:hidden volumes by Chrisq · · Score: 2, Insightful

      Just wait for them to ask for the key. If they don't know there's more data then they won't ask.

    3. Re:hidden volumes by Library+Spoff · · Score: 0, Offtopic

      That's why I've got Gay Pron on my hidden volume.
      Yeah - that's right i'm gay, it's my secret...

      --
      Acid House saves Souls
    4. Re:hidden volumes by Library+Spoff · · Score: 0, Flamebait

      offtopic... you fuckwits. You mean -5 Unfunny..

      --
      Acid House saves Souls
    5. Re:hidden volumes by R2.0 · · Score: 3, Insightful

      2 reasons I have a problem with laws such as this.

      1) They violate your rights against self incrimination. Per the US constitution, I cannot be compelled to testify or offer evidence against myself. What this law says is that I MUST testify against myself, in the form of giving up *knowledge* that I have for the state to use against me.

      2) While the warrant may be issued for a small piece of information, it has the potential to lay all your secrets bare. Let's say I am accused of child pornography, and that's what the police are "looking for" in the encrypted directory marked "Private". All of the data in that directory is subject to discovery. So if they find pictures of my infant daughter without her onesie, and figure out that this is simply a divorce case gone bad, the child porn investigation dies. But now they have also seen my financial records, and discover that I've made some questionable tax deductions, and the case now gets referred to the IRS. Or they find money that I've been hiding from my ex-wife, and hand her that info.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    6. Re:hidden volumes by Pofy · · Score: 1

      >it has to be a specific key to a specific piece of suspected evidence

      How do they determine WHO they should ask for the key? And what if that person does in fact not have or know the key?

    7. Re:hidden volumes by Anonymous Coward · · Score: 0

      Anyone, it doesn't matter as long as someone is charged and the tabloid reading masses can see 'justice' is dispensed. After the London tube bombings I distinctly remember the wife of one of the bombers being charged--under new anti-terror legislation--with not knowing anything about the terrorist attack.

      Welcome to the new world, we're all guilty of something and that's how we will be controlled from now on. The law does not exist to protect the people, it is a tool of control for the British government and their cronies.

    8. Re:hidden volumes by OrangeTide · · Score: 2, Informative

      In a civil court you have no protection from self incrimination. So when the RIAA demands you hand over your secret keys, you have little choice.

      For criminal court, the charge for not handing over the keys, like claiming you forgot what the key was, due to all of the emotional stress of these accusations, is generally a lesser charge than the real crime (pedophilia, embezzlement, murder, copyright violation, whatever). of course if you're held in contempt you can be kept in a local jail indefinitely until you comply or until a judge just gives up. You don't get to have a hearing or even a formal arrest when you are in contempt of court, the judge just throws you in a cell and leaves you there.

      hidden volumes, secret file system, etc. Will not fool someone in data forensics. It will just give them probable cause to get court orders for the rest of the keys.

      --
      “Common sense is not so common.” — Voltaire
    9. Re:hidden volumes by idontgno · · Score: 1

      1) They violate your rights against self incrimination. Per the US constitution, I cannot be compelled to testify or offer evidence against myself. What this law says is that I MUST testify against myself, in the form of giving up *knowledge* that I have for the state to use against me.

      Well, the specific law being discussed is UK, not US, so the US 5th Amendment doesn't apply.

      (Cue snide comments from both sides of the Atlantic: Europeans joking about how Americans want U.S. law applicable universally, U.S. cynics poking at the "weakness" of the UK's traditional legal rights system.)

      It appears that the right against self-incrimination is a relative latecomer in UK law (if I can believe Wikipedia). I find it interesting that the 1994 law mentioned in this Wiki article may affect how a jury can official consider aspects of your refusal to incriminate yourself. Is there statute or precedent in the US justice system equivalent?

      2) While the warrant may be issued for a small piece of information, it has the potential to lay all your secrets bare. Let's say I am accused of child pornography, and that's what the police are "looking for" in the encrypted directory marked "Private". All of the data in that directory is subject to discovery. So if they find pictures of my infant daughter without her onesie, and figure out that this is simply a divorce case gone bad, the child porn investigation dies. But now they have also seen my financial records, and discover that I've made some questionable tax deductions, and the case now gets referred to the IRS. Or they find money that I've been hiding from my ex-wife, and hand her that info.

      I don't think this is a new risk. If an investigation of one alleged misdeed uncovers evidence of others, I think those can spin off other investigations and prosecutions. If this really worries you, and you are carrying our multiple simultaneous criminal acts, I recommend compartmentalization. Different encryption keys for your different criminal enterprises.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    10. Re:hidden volumes by Wite_Noiz · · Score: 1

      I'd be interested to know if this threat constitutes "coercion" in court (which it seems to me).
      If so, any information you provide is inadmissible under current law...

      Of course, that logic would only apply if it wasn't a terrorism case, anyway.

    11. Re:hidden volumes by martyros · · Score: 1

      I don't see what the big deal is either -- it seems exactly like demanding keys or combinations to safes to gather evidence. If your safe isn't safe from subpoena, why should you think your hard drive is?

      --

      TCP: Why the Internet is full of SYN.

    12. Re:hidden volumes by R2.0 · · Score: 1

      I'm aware the particular law is from the UK; that's why I prefaced my response with "my opinion" and "such laws" - it was meant to be general, not specific.

      As for the second point; the legality of one's actions and information is not the issue - it is the privacy of those matters. The protection against arbitrary search and seizure, besides preventing "fishing expeditions", is a recognition that those conducting the searches are part of the community along with the subject of the search. There are plenty of things that all of us think, say, and do that we don't want others to know about, regardless of legality.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    13. Re:hidden volumes by M-RES · · Score: 1

      But if you don't hand over the key, they'll just follow you onto the Tube and shoot you 11 times in the head! ;p

    14. Re:hidden volumes by vux984 · · Score: 1

      If this really worries you, and you are carrying our multiple simultaneous criminal acts, I recommend compartmentalization. Different encryption keys for your different criminal enterprises.

      Given that they see encrypted data, and don't know which file contains the child porn they are looking for they will demand the keys to all of them.

      Even if you give them the key to file outlining the crime they are interested in first, they'll see the other encrypted files, and pressume there is even more evidence...

      Compartmentalization doesn't really get you anywhere.

      Better to just say. "No. Figure it out for yourself." And then take the 'obstruction of justice charge'.

    15. Re:hidden volumes by operagost · · Score: 1

      In case this isn't clear enough to anyone, imagine you had gone old-school and used an Enigma-like CODE instead of a binary cipher system. It's pretty clear that you couldn't be required to explain how to crack your own code without violating the 5th Amendment. The only possible loophole would be if they knew you had it written down somewhere and subpoenaed the paper it was written on. Most of us wouldn't be dumb enough to write it down anyway.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    16. Re:hidden volumes by operagost · · Score: 1

      Before I'm berated by the hive mind, let me point out that I have noticed that this article is about the UK. I'm just explaining how this would be impossible in the USA without violating the constitution.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    17. Re:hidden volumes by gazbo · · Score: 1
      hidden volumes...[w]ill not fool someone in data forensics

      How exactly? Unless "they" know something that other cryptographers don't, there is no way to tell that a hidden volume exists just by looking at the data. You either need the decryption key to turn the gibberish back into data, or you need to observe the file covertly to watch as the supposedly unused parts of the filesystem mysteriously start changing. Of course, if you're able to do that, you may as well just install a keylogger and forget all of the tedious questioning malarkey.

    18. Re:hidden volumes by malsdavis · · Score: 1

      "1) They violate your rights against self incrimination. Per the US constitution, I cannot be compelled to testify or offer evidence against myself. What this law says is that I MUST testify against myself, in the form of giving up *knowledge* that I have for the state to use against me."

      What about the contents of your house? A direct comparison can be made between the contents of your computer and those of your house. A court ordered warrant to search your house will have the police demanding you hand over the keys or they'll knock your door down. If you try to stop them entering you will be done under various laws which are the off-line equivalents of this RIPA law.

      The same situation applies for your point number 2. If they search your home for items they say you burgled and they find a Crystal Meth factory, then it is up to the law whether they can arrest you for that also (everywhere I know of they can). To me, this law basicaly makes your computer like your house, this I think is quite a good way for the issue to be handled.

    19. Re:hidden volumes by R2.0 · · Score: 1

      "A court ordered warrant to search your house will have the police demanding you hand over the keys or they'll knock your door down"

      And that's EXACTLY why the 2 situations are different. With a court order to search my premises, if I refuse to cooperate, the police have other means to gain entry. And if there is a safe that they want to get into, they can take it away and cut it open. And they are looking for a thing, which can be taken into their possesion and used as evidence. So it's in my best interest to alow physical entry, so as to avoid a broken door lock.

      So if we wish to pretend that my computer is a house, fine - they are free to search it to their heart's content. And if they find an especially secure area (the "safe")? They can feel free to apply whatever methods they wish to get to the data. If they don't have the means or the time to gain entry, tough shit - they need to get better decryption methods. Not my problem.

      Then there is the fact that, in "searching" a computer, they are not looking for anything physical - they are looking for data. A recording of my thoughts and actions. If a prosecutor is not allowed to force me onto the stand and tell the court why I did whatever they allege, why should they be allowed to force me to give them the means to get the same information.

      Think of it another way - they get Mafia bosses on tape speaking in code. They use words like "package" or whatever to describe their stolen goods. The "key" to that code is in the heads of the speakers in the conversation. By your reasoning, those bosses should be forced to divulge the "key", i.e explain what they were referring to when they used the word "package". But that isn't allowed - the tape is played in court, and the jury decides what they think is meant.

      I can see it now - a law that states that refusing to explain the codewords used in conversations is obstructing justice and punishable by jail time. It wouldn't make it past the first District court judge who encountered it, much less the Supreme's.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    20. Re:hidden volumes by OrangeTide · · Score: 1

      If I give you a key to unlock D: .. and you find a 100G volume, but the drive is physically a 250G .. you can safely assume that there are parts there that are not yet unlocked.

      --
      “Common sense is not so common.” — Voltaire
    21. Re:hidden volumes by CodeBuster · · Score: 1

      hidden volumes, secret file system, etc. Will not fool someone in data forensics.

      It is not a question of "fooling" them, but rather a question of what can be definitively proved. The whole point of plausible deniability is that an assertion cannot be proved either way. In the English and American systems the defendant is entitled to the presumption of innocence, no matter what the charges, until proven otherwise. Therefore if there is a question of equal probability then the defense must be given the benefit of the doubt or reasonable doubt which means that the hidden volume is presumed to not exist in the absence of proof that it does exist (and good crypto systems such as True Crypt ensure that there is no technical way to prove that such a hidden volume exists).

    22. Re:hidden volumes by Talchas · · Score: 1

      And because that is so incredibly obvious, hidden volumes don't actually work like that.

      --
      As the Americans learned so painfully in Earth's final century,free flow of information is the only safeguard against...
    23. Re:hidden volumes by gazbo · · Score: 1

      As has already been said, that's not how it works. If you have a 250GB device, then when you unlock it you see a 250GB volume. And indeed if you write 250GB to it then yes, you overwrite the hidden volume (you can mount it with protection against that, but to do so requires the hidden volume's key)

    24. Re:hidden volumes by OrangeTide · · Score: 1

      And because the formula to hide the hidden volume would favor certain sectors over others, it is obvious that is still there. No the hidden volume tricks I have seen and read about are garbage. If you're smart enough to solve the Times crossword, you're smart enough to find hidden volumes using the tricks currently out there. The only reasonable one I've seen was a normal large data file that was actually an encrypted filesystem but hidden inside a very long mpeg. the mpeg was very long so it looked like being 1GB made sense, but in fact it was recorded extremely low quality and stenography enabled a person to hide several hundred megabytes of data in it.

      But even these tricks are just a stupid arms race, as soon as it hits digg/slashdot/whatever the technique is obsolete.

      --
      “Common sense is not so common.” — Voltaire
    25. Re:hidden volumes by gazbo · · Score: 1
      I don't think you understand how modern encryption works. There are no clues in what sectors are used, because the entire volume is randomised when it's created. How do you tell the difference between a used encrypted sector and a randomised empty sector? You can't. Well, not unless (as I said in my first post) you know something other cryptographers don't.

      When you see a 250GB encrypted volume, all you actually see is 250GB of effectively random bits. That could mean 250GB of pointless random data, a 250GB encrypted volume, a 100GB encrypted outer volume and 150GB hidden volume, or 10 different 25GB volumes. Without knowing the key(s) there's no way to know.

    26. Re:hidden volumes by Anonymous Coward · · Score: 0

      You do realize in most places you can be done for "withholding evidence" don't you? It already happens in the real world as well as computers.

    27. Re:hidden volumes by OrangeTide · · Score: 1

      250G total .. "real volume" of 100G .. so there 150G "free".

      With NTFS and ext3 there is no cryptographically secure way of hiding the free sectors once I have the primary key (the "real" volume key), since even free sectors are accounted for on block lists. So I now have a list of encrypted blocks. And cryptographers have already shown some algorithms to be detectable as encrypted data versus pure random data (with a less than 100% level of confidence). But let's assume you choose that perfect block cipher.

      A data forensic specialist will look at all these free blocks, and guess what your SCSI/IDE/FC harddrive tells them in the low level meta data how many seek misses I've had in each area of the disk. Why are you seeking around a lot in data that is "free". OH NO! I just figured out you have secret data on the drive, and I can request the court to compel you to disclose the key.

      Unfortunately for you the courts demands for cryptography keys is not a "beyond a reasonable doubt" sort of thing, so in some cases the court will be demanding something that doesn't exist. Too bad.

      Your theories on cryptographically secure storage forgot to include the problems with the media, controllers and filesystem. It is certainly possible to invent a technology where secret volumes are extremely secure. But you owning such a specialized device is also a dead give away! You are boned.

      --
      “Common sense is not so common.” — Voltaire
    28. Re:hidden volumes by Anonymous Coward · · Score: 0

      Usually encrypted volumes are not 250Gb but a lot smaller. You couldn't successfully monitor secure drive of 5Gb on 250 hard drive, also you can fragmented you're hard rive a lot. Show proof that you had other files there and deleted them to free some space etc.

  6. Not exactly news by TheRaven64 · · Score: 4, Interesting

    RIPA has had a lot of negative coverage since the idea was first raised. Someone at the time proposed emailing the Home Secretary with a few MBs of random data and the text 'here is the information on your opium import operation. The key is as we agreed' and then sending a tip to the police. If the Home Secretary does not disclose the key (which he doesn't have) then he is liable for 5 years of jail time. Or, the government could see how silly the act is and repeal it. Since the law just went into force, I expect civil liberties groups will start trying this soon.

    --
    I am TheRaven on Soylent News
    1. Re:Not exactly news by Anonymous Coward · · Score: 0
      Very interesting.

      BTW, here's the data you requested on our dastardly plans to infiltrate and incapacitate GCHQ.

      4d34badc31c53 a11595147421
      c e31f65ca97574 891edcfe194
      2e c71d4f15f7ab2 437c805af2
      6e1 786a62170671b 6962ba536
      e3c8 2ff107971f937 a9ec445a
      615b5 ca993c82e9970 a79ee47
      c0c067 78c3d9d7203b2 14c946
      0e4f2cb 28c9f31c6e546 84937
      a734c94a e3caff3c8209e 684a
      edf816399 753bf2fcdfb0b 32b
      d1255d43cc 43fdd6202232e 01
      91dd39a5b0b 84e5028005636 9
      5ab3addbaaf3 44e5f79dda06a
      0c132b9d6c83a 3d431980e778
      5 526bd77fbaa47 11f4b32074a
      f4 87c1c143c1a41 5eba6db627
      947 0810da79b3a07 611a379f1
      0cd6 e403c1be19882 4cc43365
      e9c78 e74ce30e6df2b 0b48d85
      9d8c3e ada259aa58d67 4366f6
      13fec58 9d5db0a6300da 568cd
      c043fb43 b3f0c8e159200 5003
      b6933703c 337862b638f19 5bb
      5b15c413e5 665a29da14ddb 05
      a1ffcb58cb5 1c8f1f6798072 2
      bf06f61161e1 66e2c0f4f1458
      de941c00c7038 2990b07933a2
      7 93bfc9d5df1ef e501d2b7368
      a0 bdad54103da12 704603b148
      3f0 768163e013424 8fea26a7c
      ba7c f00f17598cd7c ea11fa0d
      433fb 0a5875874afa3 860f3fa
      409e17 35a20bc533bcb f6a9a2
      0b13ac7 a56cc917c1387 6c238
      2a2c45cf 7fa3759e1573d 340c
      c79ea1044 c9999083309ce a26
      dfa206e70d 21d66a0f49fcd 3c
      60b131f3b13 20b2dd4b4a64a a
      ea7be32ef320 25b49e540225e
      604baf94652a8 19b39e953338
      7 4baa90aeb5d59 3bcd3e6f20
      You can decrypt it with the key in your possession ref "black Tuesday".

      Good luck.
    2. Re:Not exactly news by Yetihehe · · Score: 1

      They will just ignore it. If on the other hand YOU had such mail in your mailbox, you would be in some prison for long time.

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
    3. Re:Not exactly news by Cederic · · Score: 1


      Someone made a statement in front of a solicitor admitting to a crime. That statement was entered electronically onto a computer and encrypted. The encryption key was only ever on a floppy disk.

      The encrypted statement and video footage of the sole floppy disk containing the key being burned were sent to the home secretary, along with a suggestion that under the law he would have to lock himself up for failing to provide the encryption key to an admission of a serious crime (verified by a solicitor).

      I _think_ it was the guys at stand.org.uk, but may be wrong.

  7. More stupidity by Anonymous Coward · · Score: 0

    > The law only applies to data on UK shores

    So an offshore shell account renders this law useless? What a bunch of morons!

    1. Re:More stupidity by Hatta · · Score: 1

      And you trust your offshore shell provider with information you wouldn't even turn over to the government under subpoena? How hard is it for the admin to copy your secret key and capture your passphrase? Not very.

      --
      Give me Classic Slashdot or give me death!
    2. Re:More stupidity by Anonymous Coward · · Score: 1, Informative

      Yes actually. If you'd lived through 10 years of new labour then you would too.

    3. Re:More stupidity by zippthorne · · Score: 1

      How hard? More like, impossible. You wouldn't send plaintext to the shell account and have them encrypt it. You'd store the ciphertext on the shell's servers and decrypt it on your home computer when you needed the information.

      But if you're engaged in illegal activity, how much documentation are you really going to require, anyway...

      "Well, we wouldn't have caught the bank robbers, except that they were also meticulous accountants, carefully recording every step in their complicated laundering scheme."

      --
      Can you be Even More Awesome?!
  8. Hand the keys over by DuncanE · · Score: 3, Interesting

    If a judge asked you to hand over the keys to your house.. or your car.. or your safety deposit box.. you are legally required to follow that order....

    Are we surprised that digital keys have the same requirement?

    And as for all the other (physical) keys you can refuse and let the courts (and a jury) decide.

    1. Re:Hand the keys over by Conspiracy_Of_Doves · · Score: 1

      A judge is one thing. If they have a warrant, then that's fine. This story is talking about the police demanding that people hand over their encryption keys.

    2. Re:Hand the keys over by speaker+of+the+truth · · Score: 1

      No it says authorities can demand that the keys be handed over. Authorities can also demand someone be arrested, show up at court and serve a sentence in jail. It doesn't say whether or not a court order is required in this particular article, but I don't think its overly naieve to assume that it would be covered by the same laws that cover searching people's physical premises.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    3. Re:Hand the keys over by Anonymous Coward · · Score: 0
      Yeah, go figure. It has been this way in the US forever and there have been cases where folks have say in jail rather than hand over their encryption keys (it's contempt of court or obstruction depending on the official order that was handed to you)


      The key is to not end up in a court, you've already lost if you're expecting encryption to save your ass at that point. They already know what you did or didn't do. Everybody is tough and willing to "fight the power" when it's not them, when a judge orders you to do something and you don't and you get to sit in jail until you decide to do it the idealism tends to fade. There is no encryption or obfuscation that will work, if a judge believes you have data and requests it and you can provide it, regardless of the format, encryption, etc.. you will most likely provide it or go to jail.


      One thing I would be worried of is required compliance without a lawful order or if federal investigators were some how granted the ability to give lawful orders to civilians.

    4. Re:Hand the keys over by nasor · · Score: 1

      People use "key" as a metaphor for "the information that you need to decrypt the data," but it's not clear that a cryptographic key is really analogous to a physical key. Suppose I try to keep my information private by writing in some obscure language that almost no one knows and that the police can't find a translator for. Would forcing me to explain the language so that the police can read my diary really be analogous to forcing me to hand over the key to my shed?

    5. Re:Hand the keys over by CastrTroy · · Score: 4, Insightful

      Digital keys are not physical items. This is like them demanding that you hand over your thoughts. In the US, and many other countries, there are laws stating that you have the right to remain silent, and that you don't have to testify against yourself. If you don't hand over the keys to your house, car, or safety deposit box, there's other ways of retrieving such physical objects by just taking them from you. If you don't hand them over, and they have a search warrant, they are allowed to break the lock. They can't do that with thoughts in your head.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    6. Re:Hand the keys over by itsdapead · · Score: 5, Insightful

      If a judge asked you to hand over the keys to your house.. or your car.. or your safety deposit box.. you are legally required to follow that order....

      But...

      1. That will typically require a court hearing "on the public record"
      2. Even a technically ignorant judge should be able to decide (a) whether its your house/car/box (b) whether its plausible that you have lost the keys (c) whether the police have a reasonable justification for wanting access and (d) whether the fact that you have a lock on your door or possess a saftey deposit box is, in itself, suspicious.

      Unfortunately, as soon as computer technology is involved, even some otherwise highly intelligent people instinctively turn off their brain and may be convinced that the existence of an encrypted file on your hard drive is tantamount to being found in possession of a giant underground bunker complete with piranha tank, spy-bisecting laser and fluffy white cat.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    7. Re:Hand the keys over by Anonymous Coward · · Score: 0

      the existence of an encrypted file on your hard drive is tantamount to being found in possession of a giant underground bunker complete with piranha tank, spy-bisecting laser and fluffy white cat.

      Way to stereotype us. I'll have you know that we modern supervillains favour pedigree Siamese and Burmese. Fluffy white cats are sooo last millennium...

    8. Re:Hand the keys over by Hal_Porter · · Score: 1

      I dunno really. But I do know if you went to court and a judge ordered you to hand over evidence and you tried to baffle him with your superior knowledge of an obscure language or encrytion he would most likely send you to jail for contempt of court and/or obstruction of justice.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    9. Re:Hand the keys over by julesh · · Score: 2, Informative

      If a judge asked you to hand over the keys to your house.. or your car.. or your safety deposit box.. you are legally required to follow that order....

      Are we surprised that digital keys have the same requirement?


      The requirement is not the same. If a judge orders you to do something, and you state that you cannot, it is usually up to the judge (or prosecution) to show beyond reasonable doubt that you could do it before you can be punished for that offence. Under the RIPA, it is up to you to show that you cannot. There is also a right of appeal against a court order like the one you describe; there is no right of appeal against a section 49 notice under the RIPA 2000.

    10. Re:Hand the keys over by Deagol · · Score: 1

      I don't think lasers, piranhas, or white cats are included in the $1,000,000 asking price, but a nice underground bunker can be had here, if you desire such prime real estate. :) Jump on it, folks! When they outlaw the ownership of underground bunkers, only outlaws will own one!

    11. Re:Hand the keys over by Maxo-Texas · · Score: 1

      Apparently continuing a trend towards presumption of guilt begun in 1994.

      http://links.jstor.org/sici?sici=0091-4169(199624)86%3A2%3C559%3ATROSTP%3E2.0.CO%3B2-6&size=LARGE&origin=JSTOR-enlargePage

      My first question was does UK have presumption of innocence so when I googled for that it looks like they do.

      I still remember my time on a jury here in the US. We had one lady that kept insisting "But they haven't PROVED he is innocent!!!" The rest of the jury was aghast and it really took her a while to vote not-guilty (and I'm not sure if she understood- or if she just caved in).

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    12. Re:Hand the keys over by Anonymous Coward · · Score: 0

      Wrong on both points.

      1. The RIPA law doesn't require public disclosure, in fact the default is to silence the persons involved. Disclosure requires permission of the court and the hearing itself is secret (I believe you can attend and state your case however).

      2. You're doing ok until (d.) Silence is a right, not evidence of guilt. [This right is also a primary protection from duress, but we won't go into that]

    13. Re:Hand the keys over by lysse · · Score: 1

      Hey, all of those objects have perfectly legitimate, non-violent uses! ...OK, admittedly not the cat.

    14. Re:Hand the keys over by internewt · · Score: 1

      ... so if you're in that situation, the next step is Europe and getting the law tested against human rights laws, or something?

      Obviously I haven't read the legislation (and if I did I wouldn't understand it: it's written in legalese), but if there is no right to appeal and the law essentially assumes guilt, I'm sure the ECHR wouldn't take kindly to it.

      --
      Car analogies break down.
    15. Re:Hand the keys over by itsdapead · · Score: 1

      Fluffy white cats are sooo last millennium...

      I guess those ugly hairless cats would be best - cat hair getting into the doomsday machine can really spoil an evil master plan.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    16. Re:Hand the keys over by CmdrGravy · · Score: 1

      If you'd built up a wall around your shed and perhaps a large maze with various traps and buried the whole thing hundreds of metres underground and the judge demanded access the authorities would just smash their way in with bulldozers and highly trained demolishion experts.

      If you choose to hold the key in the head it's no different for the authorities to demand access to it or smash their way in with highly trained human rendition experts or psychologists. Or so I've been told anyway.

    17. Re:Hand the keys over by Prof.Phreak · · Score: 2, Funny

      ...they are allowed to break the lock. They can't do that with thoughts in your head.

      I'd imagine that depends on the punishment (and whether they can get away with it or not)---they can certainly break your head, just as easily as they break locks.

      --

      "If anything can go wrong, it will." - Murphy

    18. Re:Hand the keys over by Reziac · · Score: 1
      Interesting comments here (the above, and the one about "tantamount to handing over your thoughts").

      I also found this bit from TFA interesting:

      The law has been criticized for the power its gives investigators, which is seen as dangerously broad. Authorities tracking the movement of terrorist funds could demand the encryption keys used by a financial institution, for instance, thereby laying bare that bank's files on everything from financial transactions to user data.

      And even if only the cops see that data -- are you sure every cop in your district is honest?? this data would be worth a lively fortune in the fraud market.

      Further interesting points:

      Cambridge University security expert Richard Clayton said in May of 2006 that such laws would only encourage businesses to house their cryptography operations out of the reach of UK investigators, potentially harming the country's economy. "The controversy here [lies in] seizing keys, not in forcing people to decrypt. The power to seize encryption keys is spooking big business," Clayton said.

      "The notion that international bankers would be wary of bringing master keys into UK if they could be seized as part of legitimate police operations, or by a corrupt chief constable, has quite a lot of traction," he added. "With the appropriate paperwork, keys can be seized. If you're an international banker you'll plonk your headquarters in Zurich."

      Can't argue with that assessment.

      And yet there's this point, also from TFA:

      Yet the law, in a strange way, almost gives criminals an "out," in that those caught potentially committing serious crimes may opt to refuse to decrypt incriminating data. A pedophile with a 2GB collection of encrypted kiddie porn may find it easier to do two years in the slammer than expose what he's been up to.

      In fact, the two years in the slammer would likely be less traumatic than the court case and media circus, even should said (alleged or actual) pedo be deemed innocent in the end. (Witness the infamous McMartin Preschool case in the U.S.)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    19. Re:Hand the keys over by Anonymous Coward · · Score: 0

      The European Human Rights Act is completely toothless, it has exceptions for abuses that are "in accordance with law" and "necessary in a democratic society". In other words, anything a government wants to do. Maybe the Court would be more principled, but I doubt it.

    20. Re:Hand the keys over by Tired+and+Emotional · · Score: 1

      I have been all sorts of trouble finding a fluffy white cat.

      --
      Squirrel!
    21. Re:Hand the keys over by Anonymous Coward · · Score: 0

      In that case you can mis-translate the language, if no-one else can read it they can't prove you are lying. To keep up the mistranslation defence with regard to encrypted data you can effective do that trick using Truecrypt as many other have pointed out.

    22. Re:Hand the keys over by julesh · · Score: 1

      No it says authorities can demand that the keys be handed over. Authorities can also demand someone be arrested, show up at court and serve a sentence in jail. It doesn't say whether or not a court order is required in this particular article, but I don't think its overly naieve to assume that it would be covered by the same laws that cover searching people's physical premises.

      That's because you didn't do any research into it. As a matter of fact, no court order is required. An order can be issued by an authorized member of HM Armed Forces, the Police, or HM Revenue & Customs.

    23. Re:Hand the keys over by Alsee · · Score: 1

      If you don't hand over the keys to your house, car, or safety deposit box, there's other ways of retrieving such physical objects by just taking them from you. If you don't hand them over, and they have a search warrant, they are allowed to break the lock. They can't do that with thoughts in your head.

      Yet.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    24. Re:Hand the keys over by darkmeridian · · Score: 1

      Are you sure that your thoughts are secure? You have the right to remain quiet for a criminal prosecution for which you fear punishment. This excludes civil suits (like the RIAA suits) and criminal prosecutions of your friends and family.

      Anyway, keys are not ephemeral just like IP logs aren't just bits and bytes. No one remembers all their keys--you save them on a hard drive, a floppy, a key drive, etc. The physical iteration they take is what the government will demand. No one wants your thoughts.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    25. Re:Hand the keys over by monsterlemon · · Score: 1

      I seem to recall that the list of "authorities" was specified separately to the act, and that it originally included all sorts of ridiculous local government agencies, benefit agencies etc.

      Does anyone have a reference to the current actual list?

    26. Re:Hand the keys over by julesh · · Score: 1

      I seem to recall that the list of "authorities" was specified separately to the act, and that it originally included all sorts of ridiculous local government agencies, benefit agencies etc.

      Does anyone have a reference to the current actual list?


      Yes, it's here. See section 9, particularly pages 41 - 43.

    27. Re:Hand the keys over by WML+MUNSON · · Score: 1

      If you don't hand them over, and they have a search warrant, they are allowed to break the lock. They can't do that with thoughts in your head. Not yet, anyway...
  9. Truecrypt by Anonymous Coward · · Score: 2, Informative

    Encrypt using Truecrypt, which supports plausible-deniability. Allows you to have an encrypted volume and then a "hidden" encrypted volume within that. If you're ever forced to give up your key due to extortion or torture, you only need to reveal the key to the outer volume and the inner hidden volume remains encrypted.

    1. Re:Truecrypt by TheRaven64 · · Score: 2, Informative

      I have a few friends who work in police forensics. Trust me, they know about Trucrypt. Interestingly, security by obscurity doesn't work when you tell everyone about it...

      --
      I am TheRaven on Soylent News
    2. Re:Truecrypt by jesdynf · · Score: 2, Informative

      Doesn't matter that they know about it. That's the *point*. They may "know" it, but they can't *prove* it.

      Remember, you should assume your adversary is fully conversant with every aspect of your encryption system except the key. Any "secret process" it relies on is a good sign that you don't have an encryption system, you have a filing cabinet with a very expensive picture of a padlock painted on the side.

      Your friends know about it. That's not the point. What they can *do about it* is the point.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    3. Re:Truecrypt by Anonymous Coward · · Score: 1, Informative
      I have a few friends who work in police forensics. Trust me, they know about Trucrypt. Interestingly, security by obscurity doesn't work when you tell everyone about it...

      So how can they prove you have a hidden volume? Or even better, a hidden volume in the hidden volume? And as for volume size, just make them all 750MB isos for convenient backup burning, for all your encrypted files. Who knows how much is really used or what's really in there? And, for most of your encrypted files, you could probably honestly say there are no hidden volumes, because you are just protecting normal data and there's no need for a hidden volume, which is probably how 99% of Truecrypt users use it anyway. I don't see anyway around this for the gov't except (1) assume guilt a priori for anyone who uses Truecrypt, or (2) make the use of Truecrypt illegal.

    4. Re:Truecrypt by 49152 · · Score: 4, Insightful

      I don't think you quite understand the principles behind "hidden volumes" in Truecrypt.

      The point is not that they don't know it is possible. The point is that it cannot be proven that there is a second encrypted volume within the first one.

      This makes it plausible to deny that it exist at all. If store some sensitive information in the outer volume, like some very embarrassing but not illegal pornography you can make a claim that this was the sole purpose of the outer Truecrypt volume. The law enforcement agency will have a hard time getting a judge to order you hand over keys to a hidden volume they cannot prove exist.

      Hidden volumes in Truecrypt got nothing at all to do with "security through obscurity", it's all about "plausible deniability". You can ask your friend in the police about that, if he has any experience with the security community at all he should be very well acquainted with this term.

      Of course, if you admit or in other ways make it provable that there exist an inner volume then all bets are off ;-)

      This will probably work in societies like USA and UK where the police have to follow certain procedures. In countries like Burma or China where they will just torture you until you confesses or dies, I'm not so sure about the value of this scheme.

    5. Re:Truecrypt by Slashdot+Parent · · Score: 1

      I don't see anyway around this for the gov't except (1) assume guilt a priori for anyone who uses Truecrypt, or (2) make the use of Truecrypt illegal. Well, the authorities could apply a rubber hose to the soles of your feet with great force and frequency.

      Perhaps a standard could be developed. If a person goes for, what, a week or so of rubber-hose cryptanalysis without divulging any further keys, it can be assumed that all known keys are revealed.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    6. Re:Truecrypt by Hatta · · Score: 1

      That's all well and good for a data store, but what about encrypted communications? Is there something like GPG that provides plausible denability?

      --
      Give me Classic Slashdot or give me death!
    7. Re:Truecrypt by complete+loony · · Score: 1

      If you use truecrypt it is therefore plausible that there *IS* a hidden volume, especially if the first volume has not used the space at the end of the volume.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    8. Re:Truecrypt by julesh · · Score: 1

      If you use truecrypt it is therefore plausible that there *IS* a hidden volume, especially if the first volume has not used the space at the end of the volume.

      Yes, but it's also plausible that there isn't, especially as the filesystem chosen by Truecrypt (FAT) stores data beginning at the start of the disk, so there is usually an empty space at the end (unless the disk has been filled up completely at some point). See, that's why it's called plausible denyibility. If I say "my truecrypt file doesn't have a hidden volume in it", that is plausible because (a) it could be true and (b) there is no way for you to prove it isn't.

    9. Re:Truecrypt by 49152 · · Score: 1

      Hah, that is bullshit my friend ;-)

      Possible != likely

      The police may not believe you and will probably pester you quite hard to give up the keys to a hidden volume. But that does not matter one iota, since they bloody well have to prove it exist before they can get you convicted for not giving up any keys to it.

      Of course we still assume this happens in a society where there are reasonable laws that governs what the police can do.

      Truecrypt works perfectly without a hidden volume and I know people and organizations that uses it that way only.

      Unused space at the end of a volume only proves that there is unused space at the end of a volume.

    10. Re:Truecrypt by Anonymous Coward · · Score: 0

      That's all well and dandy. If you tell the police that you're using TrueCrypt to encrypt your data, don't think that they'll discover that it supports 'hidden volumes' with 'plausible deniability?' The destruction of your reputation as a human being is just one press release away.

    11. Re:Truecrypt by soulsteal · · Score: 2, Funny

      Of course, if you admit or in other ways make it provable that there exist an inner volume then all bets are off ;-)

      My God, it's brilliant. A matryoshka-doll-like layered encryption scheme full of porn!

    12. Re:Truecrypt by stinerman · · Score: 1

      The OTR plugin for Pidgin works well. Yeah, it probably wasn't what you were looking for, but it fits. It has perfect forward secrecy and deniable authentication (no way to prove you sent a message to someone).

    13. Re:Truecrypt by 49152 · · Score: 1

      Hehe :)

      Would make for a good incentive to crack the encryption in order to get to the next level of porn?

    14. Re:Truecrypt by Anonymous Coward · · Score: 0

      What about SmartDrive/SCSI info of number of seeks in the region which is supposed to contain nothing?

  10. Meh by Anonymous Coward · · Score: 1, Interesting

    This is why you need to use something steganographic not just encrypted - just give them the fake key rather than the real one and it'll decrypt to some mockup installation full of boring crap. To my mind, the main risk is evil British intelligence services (I'm Irish, suffice to say my race has reason to call those people evil) wanting to grab your gpg key or similar in order to impersonate you, so planting a dummy key in the fake installation is also smart - if anyone uses the key to sign a message, your cell can know the enemy are on to you.

    1. Re:Meh by kevin.fowler · · Score: 0, Offtopic

      Or a false key that causes the tape to self destruct.

      I'll get you, Gadget.

      --
      Bury me in mashed potatoes.
    2. Re:Meh by Anonymous Coward · · Score: 0

      The Irish are a race? Cool :)

  11. Three Words by ricree · · Score: 4, Insightful

    Truecrypt hidden volumes

    This is exactly the sort of situation that hidden volumes were created for. The government asks you to hand over your encryption keys? "Well sure officer, here's the key to my encrypted volume, but there really isn't anything on there besides some harmless porn (or anything else that might be plausibly embarrassing enough to keep hidden away)" Of course, it's probably only a matter of time before someone decides to make it illegal to possess programs that can create any sort of hidden volume, but that's another issue.

    1. Re:Three Words by kpainter · · Score: 1

      Truecrypt hidden volumes Officer: That's nice. Thanks for the boring crap. Now, lets have the REAL key! *SMACK!* Bzzzzzztttttt!!! Bzzzzzzzzzzzz!! You: *screams of agony as they electrocute your balls* Ten minutes later... You: 09-f9-11-02-9d-74-e3-5b-d8-41-56-c5-63-56-88-c0
    2. Re:Three Words by cryptoguy · · Score: 2, Funny

      When they outlaw hidden volumes, only outlaws will have hidden volumes.

    3. Re:Three Words by Woy · · Score: 2, Funny

      Much better than facing the same situation with no hidden volumes.

      --
      "If God created us in his own image we have more than reciprocated." - Voltaire
    4. Re:Three Words by sakasune · · Score: 1

      When they outlaw hidden volumes, only hidden outlaws have......wait

      --
      "You're arguing for a universe with fewer waffles in it," I said. "I'm prepared to call that cowardice."
    5. Re:Three Words by zsarim · · Score: 1

      Another 3 words TrueCrypt nested volumes.

      Did you know that you can create encrypted volumes within other encrypted volumes. Theres nothing to stop anyone from having multiple layers of hidden stuff nested according to the amount of time you'd spend in jail. Example, top level encrypted volume contains Movie and video files, one of these files is an encrypted volume that leads to legal adult material, an so on...(you get the idea). TrueCrypt allows you to have up to 254 levels of nesting I think.That means if each level has ten thousand files, the cops would potentially have a one in a 2.54 million chance of reaching something that will really land you in jail. If you're in a pinch you only ever need to give key to first level of encryption anyway and plead ignorance about other levels.

      You can also add hidden volumes in anyone of the 254 level of partitions. That would increase the odds of them ever finding anything to one in 645.16 million in your favor.

  12. So, lemme get this straight... by R2.0 · · Score: 5, Insightful

    A terrorist/pedophile/whatever is arrested, and his computer is seized. The authorities demand the suspect hand over the key, or he will face obstruction of justice charges and a year in jail. Does he

    a) Tell them to get bent, go to jail for a year as a symbol of government run rampant (face it, some "activist" will pick up his "cause")

    or

    b) Immediately hand over the key, which is then used to procure the evidence of his computer, putting him in jail for 20 years as an ACTUAL terrorist/pedophile.

    That's not even getting into the situation if one is NOT an actual pedorist. Terrorphile?

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
    1. Re:So, lemme get this straight... by Opportunist · · Score: 1

      Here's a bet: I predict a law as soon as someone does that, which says that whoever refuses to hand in keys will be treated like someone who admitted what he allegedly did. I.e. you are accused to be a terrorist and refuse to hand over the keys to your files, you're a terrorist by default, because only if you are what you're accused to be, you would refuse to cooperate.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:So, lemme get this straight... by Anonymous Coward · · Score: 0

      Guilty until proven innocent?

    3. Re:So, lemme get this straight... by Calinous · · Score: 1

      This goes all against the need of the accuser to prove you are wrong. Remember "innocent until proven guilty"?
            The fact that you refuse to obey to a law is not proof that you are breaking other laws.

    4. Re:So, lemme get this straight... by Slashdot+Parent · · Score: 1

      The fact that you refuse to obey to a law is not proof that you are breaking other laws Not proof, but it is evidence. Only a jury can decide if that evidence constitutes proof beyond reasonable doubt.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    5. Re:So, lemme get this straight... by Entropius · · Score: 1

      "Innocent until proven guilty" and "The fact that you refuse to obey a law is not proof that you are breaking other laws" apparently don't apply to accused pedophiles and terrorists.

      Or do you still believe the law is just?

    6. Re:So, lemme get this straight... by pla · · Score: 1

      This goes all against the need of the accuser to prove you are wrong. Remember "innocent until proven guilty"? The fact that you refuse to obey to a law is not proof that you are breaking other laws.

      In most US states, drunk driving laws work exactly that way. Refusal to take a breathalyzer test amounts to a confession of guilt.

      Not that I consider that at all "right", but face it, if you actually believe we count as innocent until proven guilty, I hope for your sake you never come across a cop with something to prove without a rock-solid alibi.

    7. Re:So, lemme get this straight... by Calinous · · Score: 1

      Here (if what I know is true), you can refuse the breathalyzer test and request instead a biological test (blood) for alcohol. But still, refusal of both is enough to make you guilty

    8. Re:So, lemme get this straight... by Opportunist · · Score: 1

      Not every country has a 5th amendment. And while almost every halfway democratic system has something against incriminating yourself, many judges deem a refusal to cooperate an admission of guilt. Yes, they may not. They know. I know. You know. But still they have to "weigh the evidence", and in such a case they tend to "weigh" it towards guilty.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    9. Re:So, lemme get this straight... by R2.0 · · Score: 1

      I'm not sure about that. IIRC, those types of laws state that, by applying for and receiving a driver's license, one subjects himself to BAC tests. If one refuses, the penalties include a suspension of your driver's license for a time equivalent to a conviction for DUI, and added penalties if you are convicted in spite of lack of breathalyzer evidence. (State onf MD law). The benefit is that it doesn't get marked down as a DUI, so it affects subsequent arrests/punishments.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    10. Re:So, lemme get this straight... by CodeBuster · · Score: 1

      Only a jury can decide if that evidence constitutes proof beyond reasonable doubt.

      To which the only conclusion can be that it does not. Consider the following: everyone has jaywalked or broken some other minor law at some point or other in their lives but does this fact, that someone jaywalked, prove, by extension, anything that the authorities want to pin on them? Certainly not, and therefore there will always be reasonable doubt in this type of scenario.

    11. Re:So, lemme get this straight... by CodeBuster · · Score: 2, Insightful

      In most US states, drunk driving laws work exactly that way. Refusal to take a breathalyzer test amounts to a confession of guilt.

      Yes, because no judge, without very convincing evidence, is going to believe that you *cannot* breathe into a tube to prove your innocence or guilt...ergo obstruction. However the entire thread of this discussion revolves around thoughts or knowledge in your head which is intangible and very difficult to prove or disprove. If you say, "I don't know" or "I don't remember" or "I didn't see that" then it is very difficult for the court to prove that you are not telling the truth, especially when there is no other evidence to the contrary. This is the same problem with "eye witness" testimony and why other evidence, beyond "you have my word on it", is required to prove something beyond some reasonable level of doubt. Otherwise it is just he said she said or hearsay.

    12. Re:So, lemme get this straight... by durin · · Score: 1

      Tell them to get bent, go to jail for a year as a symbol of government run rampant

      Wouldn't this be like "Tell them to get bent, go to to be tortured for x number or years"?

      --
      Why, yes! I AM new here.
    13. Re:So, lemme get this straight... by mdwh2 · · Score: 1

      Remember "innocent until proven guilty"?

      Agreed - but the point is that whilst we know and remember that, the Government often does not seem to.

  13. Solution? by Cheesey · · Score: 5, Insightful

    For private communications, don't send encrypted emails. If the encrypted email is captured by a wiretap, the fact that the ciphertext could be decrypted by the recipient is enough to allow the authorities to force that recipient to decrypt it.

    Instead, you should establish an encrypted connection, use it to exchange private information, then destroy the keys after the connection is closed. SSH is one protocol that does this automatically. That way, although a wiretap can record the ciphertext, the authorities cannot retrieve the encryption keys because they no longer exist. Your democratic right to privacy is preserved.

    I wonder if any instant messaging programs have implemented this? If so, do they consider the possibility of man-in-the-middle attacks as SSH does?

    --
    >north
    You're an immobile computer, remember?
    1. Re:Solution? by speaker+of+the+truth · · Score: 1

      I can't think of any e-mails I'd want to send that I'd want to encrypt from the authorities in such a way. It boggles the mind that so many here at slashdot do send such e-mails, or are at least willing to hide trivial things.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    2. Re:Solution? by TheRaven64 · · Score: 1

      You might want to look at SILC. It's not exactly instant messaging, although it can be used for IM. It meets the requirements you describe.

      --
      I am TheRaven on Soylent News
    3. Re:Solution? by Kr3m3Puff · · Score: 1

      Yes, but how do you address storage of private data? Because it isn't all about communicating securely.

      Saying you forgot the key, as someone mentioned, only gets you put in jail for perverting the course of justice.

      Truecrypt Hidden Volumes can possible give you plausible deniability. I guess that is the only way.

      --
      D.O.U.O.S.V.A.V.V.M.
    4. Re:Solution? by jedidiah · · Score: 2, Insightful

      Then you simply have no imagination.

      Not very well informed either.

      Governments have a nasty habit of taking innocuous data and trying to make something sinister out of it. They can either try to make something out of the information itself directly or choose to draw strange inferences out of it.

      Oppose the wrong law. Support the rights of the wrong types of people. Practice the wrong religion.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    5. Re:Solution? by mrcparker · · Score: 1

      I worked in health care for years, and it was easier to encrypt all emails rather than picking through the sensitive ones. I think that a lot of people are less concerned with the government and more concerned with non-government people reading their emails. I imagine that a lot of people that read Slashdot have to encrypt their email, either through company policy or legal concerns.

    6. Re:Solution? by speaker+of+the+truth · · Score: 1

      Governments have a nasty habit of taking innocuous data and trying to make something sinister out of it. They can either try to make something out of the information itself directly or choose to draw strange inferences out of it. Citation needed.

      Practice the wrong religion. Funny, the US not having these laws sure isn't helping Muslims in guantanmo bay.
      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    7. Re:Solution? by quanticle · · Score: 1

      Ah, yes. The old "I have nothing to hide, so I don't mind you violating my privacy argument". My response is that this assumes that the government is perfect, i.e. competent enough to interpret all information correctly, 100% of the time, without bias. I don't want to be placed on a no-fly list because of something inopportune I might have said to a friend.

      --
      We all know what to do, but we don't know how to get re-elected once we have done it
    8. Re:Solution? by Anonymous Coward · · Score: 0

      Earthlink read my email based off keywords apparently. I sent an email to a mailing list with phrases like 'data loss' and 'strange error' and 'bring it to your attention' and received a response from Earthlink saying "We understand that your computer loses data [details from my email]. Unfortunately, the issue you are having is related to your system rather than the Internet connection via EarthLink."

      Some people may not care what the authorities see, but don't really want some random shmoe reading their emails.

    9. Re:Solution? by Cheesey · · Score: 1

      Indeed, that is another problem.

      I regard the keys to my encrypted filesystems as being secret, but I would still produce them if I was forced to do so by the UK police. So the layer of encryption doesn't provide security against the Government, but it does protect the data from thieves and tampering, and it forces officials to ask me for the keys if they want to see what's on the disk. I think that's about as good as things can get.

      --
      >north
      You're an immobile computer, remember?
    10. Re:Solution? by Gr8Apes · · Score: 1

      I think it's more of a "I want my privacy" issue than any need for "secrecy". Basically, don't stick your nose into my business. If I wanted you to read my super secret double delicious chocolate chip cookie recipe, I would have Cc'd you.

      After all, why do you send anything in an envelope instead of on postcards? You don't have anything to hide, do you?

      --
      The cesspool just got a check and balance.
    11. Re:Solution? by BgJonson79 · · Score: 1

      What makes you think those guys in Gitmo are followers of Islam?

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    12. Re:Solution? by Hoi+Polloi · · Score: 2, Informative

      Governments have a nasty habit of taking innocuous data and trying to make something sinister out of it.


      Like when they spy on you in the airport for having a "bad" book?

      --
      It is by the juice of the coffee bean that thoughts acquire speed, the teeth acquire stains. The stains become a warning
    13. Re:Solution? by speaker+of+the+truth · · Score: 1

      Basically, don't stick your nose into my business. If I wanted you to read my super secret double delicious chocolate chip cookie recipe, I would have Cc'd you. Wow, well I guess it takes all kinds really. Personally I'd want to help the police in an investigation anyway I can (as I have no plans on breaking any of the current laws. If future laws are enacted I felt the need to break my voluntary aid might come to a halt) so they can eliminate me as a suspect and move onto catching the real criminal.

      After all, why do you send anything in an envelope instead of on postcards? 1) I don't send letters. I have however sent postcards
      2) You can fit more onto letters
      3) Postcards can be read by anyone (including the mail staff). I might not feel like the whole world knowing what I write, now the police on the other hand I wouldn't care if they read.
      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    14. Re:Solution? by MightyYar · · Score: 1
      Look at the silly things we all do that are illegal and would be used to pin us against the wall if someone in an authority position were so inclined. I'd have a hard time finding someone who has:
      • never used "pirated" software,
      • never smoked a joint,
      • never drank while under age,
      • never downloaded a "pirated" song (or for that matter made a mix tape)

      For an example of how the government can get completely out of control over absolutely nothing, look at those kids in Florida who were arrested for distributing kiddie porn - of themselves!

      You never know how the government is going to screw you - being careful is prudent even if you aren't going to run for president someday. Hell, even my innocent search on Google for that news article probably raised a flag in some government kiddie porn office.
      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    15. Re:Solution? by speaker+of+the+truth · · Score: 1

      So why keep the encryption from the authorities when asked to hand it over? This is what the majority of posts have been about.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    16. Re:Solution? by speaker+of+the+truth · · Score: 1

      Because some of them have been released and spoken with the media. Or are we going to get really paranoid here? By the way the fact that they're muslim or not muslim doesn't make it okay to imprison them. I am quite disappointed that not only have the courts not done anything to stop them, but that none of the major candidates running for president have talked about getting rid of it.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    17. Re:Solution? by Anonymous Coward · · Score: 0

      ~-~I'm lookin' at tha man-in-the-middle~-~ /grabs crotch with ungloved hand

    18. Re:Solution? by speaker+of+the+truth · · Score: 1

      never used "pirated" software Not within the last 3 years (or since I've become an adult for that matter). I now use open source programs or free software for what I don't want to pay for. If it doesn't exist I either do without or pay for it.

      never smoked a joint No. I've seen the effects of a psychotic breakdown, and don't feel like undergoing that myself.

      never drank while under age, No, I was in no rush to drink alcohol and have never drunk more then a glass of a few different alcohols to give it a try.

      never downloaded a "pirated" song Not within the last 3 years no (or again since becoming an adult for that matter).

      (or for that matter made a mix tape) Actually I haven't for many years, however when they were made no DRM was circumvented and it was actually before 1998!

      For an example of how the government can get completely out of control over absolutely nothing, look at those kids in Florida who were arrested for distributing kiddie porn - of themselves! If I'd made sex tapes of myself that might be another story, but I'm not in the habit of doing this (and have yet to have sex with anyone who was).
      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    19. Re:Solution? by Gr8Apes · · Score: 1

      Personally I'd want to help the police in an investigation anyway I can (as I have no plans on breaking any of the current laws. If future laws are enacted I felt the need to break my voluntary aid might come to a halt) so they can eliminate me as a suspect and move onto catching the real criminal. So, why are you a suspect in the first place?

      After all, why do you send anything in an envelope instead of on postcards? 1) I don't send letters. I have however sent postcards Bills?

      2) You can fit more onto letters You could send a bigger postcard....

      3) Postcards can be read by anyone (including the mail staff). I might not feel like the whole world knowing what I write, now the police on the other hand I wouldn't care if they read. I think the light bulb just got a little brighter...but it flickered...

      --
      The cesspool just got a check and balance.
    20. Re:Solution? by sedmonds · · Score: 1

      Governments have a nasty habit of taking innocuous data and trying to make something sinister out of it. They can either try to make something out of the information itself directly or choose to draw strange inferences out of it.

      Citation needed.


      Every hear of Senator Joseph McCarthy?

      http://en.wikipedia.org/wiki/McCarthyism
    21. Re:Solution? by Hatta · · Score: 1

      Oh come on, you know very well the kind of hysteria a 'law and order' type government can get into.

      http://en.wikipedia.org/wiki/Day_care_sexual_abuse_hysteria
      http://en.wikipedia.org/wiki/Red_Scare
      http://en.wikipedia.org/wiki/Japanese_American_internment
      http://en.wikipedia.org/wiki/War_on_Drugs

      I don't see how you can possibly deny the need for good people to protect themselves from the government with a straight face.

      --
      Give me Classic Slashdot or give me death!
    22. Re:Solution? by speaker+of+the+truth · · Score: 1

      Sorry I should have said citation needed for the past 5 years. Cause y'know we could always bring up witch hunts if we really wanted to.

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    23. Re:Solution? by mpe · · Score: 1

      Governments have a nasty habit of taking innocuous data and trying to make something sinister out of it. They can either try to make something out of the information itself directly or choose to draw strange inferences out of it.

      Especially parts of government who claim to be persuing "bad people". Not only are there frequent historical examples of abuse typically at the same time said "security services" either ignore or even "partner with" some actually highly dangerous groups.
      If a government agency claims they need such and such a power to "fight terrorism" (or similar) without any effective oversight a large pinch of salt is called for.

    24. Re:Solution? by julesh · · Score: 1

      Governments have a nasty habit of taking innocuous data and trying to make something sinister out of it. They can either try to make something out of the information itself directly or choose to draw strange inferences out of it.

      Citation needed.

      "If you give me six lines written by the most honest man, I will find something in them to hang him." -- Cardinal Richelieu
    25. Re:Solution? by Anonymous Coward · · Score: 0

      "...and have yet to have sex with anyone"

      Gee, I wonder why?

    26. Re:Solution? by Anonymous Coward · · Score: 0

      You should let your hair down and party. Download some MP3s and have a drink.

      Then, why not search for "Reefer Madness" to learn more about the background of that Times story you linked? That story about "psychotic breakdowns" dates back to the 1930s, you know, and the medical evidence supporting it was just as flimsy back then.

    27. Re:Solution? by mpe · · Score: 1

      I worked in health care for years, and it was easier to encrypt all emails rather than picking through the sensitive ones.

      This is also a good policy since only encrypting some can leak a lot of valuable information through traffic analysis or give pointers to where to go looking for information considered sensitive.

      I think that a lot of people are less concerned with the government and more concerned with non-government people reading their emails.

      When the evesdropper is "the government" they also tend to come partnered with other governments, big business, organised crime, etc.

    28. Re:Solution? by speaker+of+the+truth · · Score: 1
      Day care: I see nothing that would suggest the police made these arrests based on something they found in the victims (those that were charged) homes. In fact I see lots of false accusations and coercion. Something that won't be affected by handing over an encryption key.

      Red Scare, Japanese Internment: Come on, let's keep this to the last five years or so. Or why not just bring up what the pilgrims did to the indians and leave it at that as proof that we're horrible, horrible people.

      War on Drugs: You're going to have to be a little more specific in your claims, or you might as well just link to this article as proof that to give the police your encryption keys is a terrible thing to do.

      I don't see how you can possibly deny the need for good people to protect themselves from the government with a straight face. Lucky I never said that then. All I said was I'd be happy to allow the police to search my house and unencrypted computer.
      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    29. Re:Solution? by mdielmann · · Score: 1

      Jabber claims to have military-grade security, and you can host your own server. Those two options alone should increase privacy and decrease man-in-the-middle attacks. If it's set up right, it shouldn't matter who controls the server (including the govt) as far as man-in-the-middle attacks are concerned.

      --
      Sure I'm paranoid, but am I paranoid enough?
    30. Re:Solution? by speaker+of+the+truth · · Score: 1

      Cardinal Richelieu would take people's encrypted data from their computers and use it to have Americans sentenced to death? Holy shit! What sort of time machine does this man have?

      --
      Using openSUSE instead of Windows since 9th of October, 2007 and liking it.
    31. Re:Solution? by mpe · · Score: 1

      Some people may not care what the authorities see, but don't really want some random shmoe reading their emails.

      In practical terms these are the same thing. "The authorities" actually equate to "some random shmoes".

    32. Re:Solution? by Cheesey · · Score: 2, Informative

      It's a matter of principle. I say that you should have a right to privacy, and your privacy shouldn't be violated by anyone unless you give explicit permission. Encryption gives you the ability to hide information from the authorities, and forces them to go through a legal process in order to gain access to the information. They can't read your messages without your help. The decision of whether to help them or not is up to you.

      --
      >north
      You're an immobile computer, remember?
    33. Re:Solution? by Anonymous Coward · · Score: 0

      You don't quite "get it." There are two motivations for encrypting all email, both related to "running cover," so to speak:

      1) Suppose that there are in fact undisclosed vulnerabilities in the common cipher schemes, but that substantial computational resources are nonetheless required to decrypt an encrypted message. This possibility does not seem on the whole unreasonable given the sheer amount of money, brainpower, and secrecy at agencies like the NSA. In such an event, if you only encrypt genuinely secret messages, you allow Mallory to easily recognize WHICH messages to throw resources at for decryption, thus decreasing your privacy.

      2) If you don't like all the hypothetical statements in (1), this one should be more to your liking. There do exist governments (we would like to think NOT the U.S. government, but things are going downhill...) that will target individuals and groups in ways wholly unrelated to encryption (e.g. "disappearances," physical raids, etc.) for doing anything that could conceivably be subversive. The dissidents - who we often might associate with having the moral high ground - are forced to use encryption since the communications infrastructure is monitored. If they are the only ones using it, it's easy to pick them out and target them in the real world. On the other hand, if many people us encryption to "hide trivial things" then the signal to noise ratio plummets, and targeting the dissidents now requires more conventional intelligence assets.

    34. Re:Solution? by Deagol · · Score: 2, Interesting

      I'm too busy to track down a good link, but google "salt lake city winter olympics propane teddy bear". I don't know if the guy was ever found to have a nefarious purpose for the purchase, but the government can and does correlate innocuous things together to form suspicions about people. Still, it's pretty scary that stuff like this happens (the correlation of people's behavior, not the purchase of teddy bears, that is).

    35. Re:Solution? by MightyYar · · Score: 1

      I don't know anyone like you, but EVEN YOU, Mr. Eagle Scout, have both used pirated software and copied music without the express permission of the copyright holder. I suspect you've been exceeding the speed limit by 5 or so as well, haven't you?

      My point was not to find the one goodie-goodie on this planet - it was that we're all criminals - or have all violated the law at some point. It is only prudent to cover your tracks so that a sufficiently motivated adversary can't get you for it later on down the road.

      By the way, they weren't sex tapes, they were photographs... live a little! Naughty photographs are fun and d...d...d...dangerous. At the very least, they should not be criminal!

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    36. Re:Solution? by Hatta · · Score: 1

      Concerning the specific issues I brought up, they're not intended as examples where encryption would have saved anyone. They're intended as examples of the general tendency for government to abuse its power and hurt innocent people whenever it has the chance. If you're aware of this tendency, you'd be an idiot not to take measures (such as encryption) to protect yourself.

      Or why not just bring up what the pilgrims did to the indians and leave it at that as proof that we're horrible, horrible people.

      Why not? The human condition is one of victimization by those with more power. Abuse of authority is a constant unending threat, and we must never let our guard down for a minute. History shows up that power always accumulates, and that excessive power breeds corruption. We may not be able to stop it, but we can slow it down by not allowing any government to exercise its power unchecked. Liberty is hard work, but I intend to keep mine. You however, are a lazy bastard and your refusal to assert your rights jeopardizes mine. Shame on you.

      All I said was I'd be happy to allow the police to search my house and unencrypted computer.

      Then you're naive. If you let them go on enough fishing expeditions, eventually they'll find something or blow something innocuous out of proportion. Always remember, in the mind of a police officer you are nothing but a potential perp.

      Even if you trust our government implicitly, who's to say what tomorrows government will be like? If you're not willing to stand up to the government today when it's easy, how are you going to stand up to the government when they are out to get you?

      --
      Give me Classic Slashdot or give me death!
    37. Re:Solution? by paganizer · · Score: 1

      I've done some work for various lawyers in past, private investigation sort of stuff.
      I've also written some software, applied for a patent on the process.
      neither one of those things would I ever willingly turn over to the authorities; the investigation stuff reveals mistakes made by a number of otherwise nice folks, and the process I patented I did so that I could keep other people from using the process on moral grounds.
      To reveal either set of secrets to the gov, I would have to trust that they could safeguard the information well, and not abuse it.
      yeah. Right.

      --
      Why, yes, I AM a Pagan Libertarian.
    38. Re:Solution? by Hatta · · Score: 2, Insightful

      Yes, we always could and we always should. The constant reminder of the evils our (or any) government is capable of is the best protection we have against it happening again.

      --
      Give me Classic Slashdot or give me death!
    39. Re:Solution? by Reziac · · Score: 1

      I foresee accusations of "destroying the evidence we required you to hand over" :(

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    40. Re:Solution? by Jtheletter · · Score: 2, Informative

      I wonder if any instant messaging programs have implemented this? If so, do they consider the possibility of man-in-the-middle attacks as SSH does?
      While I don't offhand know the encryption level or if it is susceptible to man-in-the-middle attacks I can tell you that the IM client GAIM has a plugin called OTR - Off The Record - that encrypts conversations. Googling for OTR + GAIM should get you the info you need.
      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    41. Re:Solution? by Scudsucker · · Score: 1

      Too bad you decided to blow off the parents citations of real abuse of power with wanton asshattery.

    42. Re:Solution? by ObsessiveMathsFreak · · Score: 1

      It boggles the mind that so many here at slashdot do send such e-mails, or are at least willing to hide trivial things.
      Define trivial.

      Most courtrooms are show trials, where hyperbole, innuendo and character assassination is far more important than evidence, proof and the rule of law. This goes double for jury trials, and quadruple for family and secret courts.

      Ever smoked weed? Had an affair? Viewed some pornography? Visited a hate site? Made politically incorrect comments? Had an embarrassing medical condition? Downloaded music? Are you Homosexual? Ever sympathize with "enemies of the state"? Ever have money problems? Ever committed a not very minor offense?

      Legal, illegal, it doesn't matter. All that matters is that they are able to find out about it with impunity, so they can use it against you. Government blackmail is well documented. The police, prosecutors, spymasters, they all use it to get what they want.

      There's a saying: "Never keep a diary". You computer files are a massive diary like archive of your life. Delete them regularly.
      --
      May the Maths Be with you!
    43. Re:Solution? by Scudsucker · · Score: 1

      Sorry I should have said citation needed for the past 5 years.

      I suppose I could see that as a reasonable premise, if I were stupid and naive.

    44. Re:Solution? by torchdragon · · Score: 1

      I haven't looked deep enough into it to know the exact procedure but http://www.trillian.cc/Trillian allows for an end-to-end secure session with another Trillian user. I haven't bothered with any other IM clients since I bought Trillian so I couldn't say about the others.

      --
      "Don't feel bad for me child; I'm the monster that hides under your bed."
    45. Re:Solution? by Anonymous Coward · · Score: 0

      Yeah, but that's only a defence against man-in-the-middle attacks. The RIPA is about forcing you to reveal information that's on your own hard disc or other storage.

      The UK has its own agency devoted to intercepting and decrypting information in transit, and they're world class. All this law does is make sure that the local plod can demand information from you without even needing to involve real experts.

    46. Re:Solution? by BgJonson79 · · Score: 1

      Oh, I agree with you. My point was that there are some bad guys there who deserve a trial (as does everyone) but I don't consider what they practice to be Islam.

      --

      There are four boxes used in defense of liberty: soap, ballot, jury, ammo. Use in that order.

    47. Re:Solution? by Boomer_Zz · · Score: 0

      The first communication program I wrote (Secure one to one) did just that. It's a great idea.

    48. Re:Solution? by bbtom · · Score: 1

      Innocuous emails are the ones best deserving of encryption. That's because it normalizes it. If everyone sends their private emails and IM conversations using GPG or OTR encryption just for chatty, MySpace stuff, it normalizes it so that when you have a good use for encryption (oh, getting the word out about human rights abuses - for instance), it passes under the radar. I am a peaceful person, and abide by mostly all the laws of this country. I don't use e-mail to send anything that may get me locked up. But I still use encryption where possible. If everybody else did so, it would normalize it and make it more difficult for governments to pass bad laws like this. Encryption, anonymity and things like Tor need to become normalized so that when people really need it, it's still available.

      As Phil Zimmerman puts it:

      What if everyone believed that law-abiding citizens should use postcards for their mail? If some brave soul tried to assert his privacy by using an envelope for his mail, it would draw suspicion. Perhaps the authorities would open his mail to see what he's hiding. Fortunately, we don't live in that kind of world, because everyone protects most of their mail with envelopes. So no one draws suspicion by asserting their privacy with an envelope. There's safety in numbers. Analogously, it would be nice if everyone routinely used encryption for all their E-mail, innocent or not, so that no one drew suspicion by asserting their E-mail privacy with encryption. Think of it as a form of solidarity.
      --
      catch (HumourFailureException e) { e.user.send("You, sir, are a humourless idiot."); }
    49. Re:Solution? by skeeto · · Score: 1

      I wonder if any instant messaging programs have implemented this

      Answer: pidgin-encryption

      It creates temporary sessions keys just like SSH. These keys are destroyed when the IM window is closed.

    50. Re:Solution? by fireforadrymouth · · Score: 1

      Just like all these secular events?
      (Not to mention these)

    51. Re:Solution? by mdwh2 · · Score: 1

      boggles the mind that so many here at slashdot do send such e-mails, or are at least willing to hide trivial things.

      Let's just say, imagine having a girlfriend who lives elsewhere?

      Oh wait, you are right, it boggles the mind that this would apply here on Slashdot...

  14. Intended usage by feed_me_cereal · · Score: 2, Insightful

    The Home Office has steadfastly proclaimed that the law is aimed at catching terrorists, pedophiles, and hardened criminals--all parties which the UK government contends are rather adept at using encryption to cover up their activities


    That's right, I seem to recall that Rivest, Shamir, and Adleman wrote about providing protection for pedophiles and terrorists in the motivation section of their paper on RSA.
    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
    1. Re:Intended usage by mdwh2 · · Score: 1

      Not to mention that it was also the UK's own GCHQ that apparentely first came up with RSA.

  15. The difference between UK and US by Tiger4 · · Score: 0, Offtopic

    In the UK, the rights of the people are what the Parliament decides. Tradition is what holds them back from being tyrants. Unwritten constitution and all that.

    In the US, the rights of the people are written into the Constitution and it explicitly says there might be more. Traditionally, Congress ignores this and runs wherever the political wind blows them. They wait for the courts to save them, or for the political winds to shift again.

    Either way, the only real saving grace is staying engaged politically. Keep the politicians from stealing everything you have in an effort to save it for you. There are still people who think that freedom is too precious to be given to the people they are protecting it for. Damn.

    --
    Behold, this dreamer cometh. Come now, and let us slay him... and we shall see what will become of his dreams.
    1. Re:The difference between UK and US by malsdavis · · Score: 2, Insightful

      "There are still people who think that freedom is too precious to be given to the people they are protecting it for. Damn."

      The problem is "Freedom" is a very abstract concept that can be easily twisted to mean both opposites. Speeches by infamous dictators like Hitler and Pol Pot often feature words like 'Freedom'. Most of the time it's not that people wish to deny Freedom, but that they disagree on what freedom is.

      i.e. Freedom to buy addictive drugs or Freedom from addictive drugs?

    2. Re:The difference between UK and US by OdinOdin_ · · Score: 1

      Freedom is both. Freedom is the ability to act on your own free will (not as others desire you to do) providing the acts you commit are not detrimental to another.

      All that remains is for common law to decide what acts are detrimental and what are not.

      So you are correct, with freedom you can buy addictive drugs if that is your will or you can refuse addictive drugs if that is also your will (as opposed to being pushed them by a dealer). But at the end of the day it create a society of strong willed and morally balanced people which is exactly the world I'd like to live in.

    3. Re:The difference between UK and US by drsmithy · · Score: 1

      There are still people who think that freedom is too precious to be given to the people they are protecting it for. Damn.

      Indeed. Look no further than any GPL vs BSD discussion for evidence of that.

      /Couldn't resist.

    4. Re:The difference between UK and US by Anonymous Coward · · Score: 0

      The two English speaking countries that start with a "U" are in a contest to see who can take away more of their citizens' liberties and gain the most governmental power.

      So far it's a really close race.

      The English speaking countries that start with "A" and "C" are way, way, way behind; so far behind that they don't even count. Hiel WTA, comrade!

      -mcgrew (old linked K5FP article is a rant explaining why the bill of rights is no longer meaningful)

    5. Re:The difference between UK and US by julesh · · Score: 1

      In the UK, the rights of the people are what the Parliament decides. Tradition is what holds them back from being tyrants. Unwritten constitution and all that.

      Bullshit. We have plenty of written documents that provide our rights, dating back to the Magna Carta and most recently the Human Rights Act 1998 (which forms part of several international treaties so is not something the government can back out of easily). Most of the British constitution is written, however it isn't written in a single document like the US constitution. This makes it harder to understand in full, but doesn't really diminish its power.

    6. Re:The difference between UK and US by russotto · · Score: 1

      Staying engaged politically gets you nothing but exhausted --- and tracked by those who really are in control.

    7. Re:The difference between UK and US by BertieBaggio · · Score: 1

      So you are correct, with freedom you can buy addictive drugs if that is your will or you can refuse addictive drugs if that is also your will

      I appreciate this view; but what about heroin, which arguably will sooner or later (more likely sooner) make you unable to refuse it?

      --
      If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
    8. Re:The difference between UK and US by Anonymous Coward · · Score: 0

      It's amazing how many people still don't understand why the US constitution is different than all the other statist constitutions:

      "In the US, the rights of the people are written into the Constitution and it explicitly says there might be more."

      Wrong. In the US, the rights of the government are explicitly delimited in our constitution, all other rights are reserved for the states, or the people. Don't feel too bad, I don't think anyone in our government (with the possible exception of Ron Paul) gets this subtle but overwhelmingly important point anymore either.

    9. Re:The difference between UK and US by Anonymous Coward · · Score: 0
      i.e. Freedom to buy addictive drugs or Freedom from addictive drugs?

      Those are both the same thing as concerns freedom. The (US) drug war does not give myself or anyone "Freedom from addictive drugs". The war requires that I...

      1) pay the cost of the war (via taxes)

      2) bear the risk of getting ensnarled as an innocent or framed victim despite never taking/selling the substances

      3) bear the cost of rehabilitating offenders whether via jail or our heavily subsidised and 'regulated' health care

      4) must suffer pushers given an EXTREME financial incentive to addict myself, friends, and family - an incentive which does not exist for Tylenol or lite beer.

      Whether you love or hate tobacco or love or hate the litigation against tobacco, the fact remains that a modicrum of accountability exists for legit business that is absent is black market industries.

    10. Re:The difference between UK and US by internewt · · Score: 1

      In a society where heroin is legal, there would probably be less stigma associated with its use, and so getting help for a heroin addiction would be easier. There would probably be less restrictions on methadone too, which is used to ween people off heroin. And of course in a society where all drugs are legal, its very likely that the population would be more educated about the different drugs so make the sensible choice on their own.

      But you don't have to take heroin, even if its legal. There's lots of people who don't drink at all, or smoke, or consume caffeine in the current world, and theres lots of people who do some illegal drugs without others. IIRC nicotine is getting on for as addictive as heroin, but the withdrawal symptoms aren't as bad.

      --
      Car analogies break down.
    11. Re:The difference between UK and US by BertieBaggio · · Score: 1

      In a society where heroin is legal, there would probably be less stigma associated with its use, and so getting help for a heroin addiction would be easier.

      Part of my point was that with few exceptions you don't want to come off heroin once you are on it; at least until damage has been done.

      There would probably be less restrictions on methadone too, which is used to ween people off heroin.

      No arguments as such here, except that where I live (UK), you can already get methadone detoxification, and will not be denied it unless you violate your 'contract' - eg by taking other hard illicit drugs while on detox (some are tolerated), or by attempting to sell it (harder to do now there is supervised consumption at pharmacies).

      In my experience of those heroin users that request detox, not all complete it, and those that do often return to their habit. Even with help, it is very very hard to kick.

      And of course in a society where all drugs are legal, its very likely that the population would be more educated about the different drugs so make the sensible choice on their own.

      But you don't have to take heroin, even if its legal. There's lots of people who don't drink at all, or smoke, or consume caffeine in the current world, and theres lots of people who do some illegal drugs without others. IIRC nicotine is getting on for as addictive as heroin, but the withdrawal symptoms aren't as bad.

      I don't buy this -- very few people start off thinking "I'll do some heroin today". They start on smaller drugs - for whatever reason - and gradually get introduced to harder stuff, generally by friends or fellow users that are already on it, or by dealers looking to make a bigger profit. Of course, some people won't take drugs no matter how legal or not they are, but based on what I know, what I've seen, and people I know, I would say that there would be more damage done in a society where heroin is legal.

      It actually kind of pains me to take this line as I am very much in favour of individual freedoms (as opposed to economic libertarianism) and letting people make and learn from their mistakes. The problem is that there are some areas that make the concept of "free will" and "choice" problematic.

      PS As I understand it, nicotine is not as chemically addictive as heroin, but it is 'effectively' more addictive than it actually is, as it is easily available legally, financially and socially.

      --
      If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
    12. Re:The difference between UK and US by OdinOdin_ · · Score: 1

      Isn't the biggest problem with heroin the crime associated with trying to finance the habit. If things were legal wouldn't the price of the drug drop and the quality improve (less toxic unknown chemicals), hell lets get the government involved in providing a quality standard and taxation. Making it illegal does not stop anyone who wants to do it; it simply makes the suffering worse for everyone (both the user and society).

      As I claimed you can do what you like to yourself by your own free will that is your inalienable god given right. If you do so much heroin that you die, so what ?

    13. Re:The difference between UK and US by BertieBaggio · · Score: 1

      Isn't the biggest problem with heroin the crime associated with trying to finance the habit. If things were legal wouldn't the price of the drug drop and the quality improve (less toxic unknown chemicals), hell lets get the government involved in providing a quality standard and taxation. Making it illegal does not stop anyone who wants to do it; it simply makes the suffering worse for everyone (both the user and society).

      It is a problem, yes, though I would argue that a bigger problem is that people are dying from using the drug (overdoses, self-neglect, AIDS through needle sharing etc). It's hard to say whether or not the price would drop if it was legal - it probably would, but by how much? If we got the government in, what's to stop them taxing it to high heaven à la alcohol / petrol (both highly taxed here in the UK, YMMV)? Also, it is hard to work with a heroin habit (understatement), so with no income how would a user pay for even this cheaper heroin?

      Also, I think you may have missed my point slightly when you say "making it illegal does not stop anyone who wants to do it". It may or may not deter people already on a habit, but it sure as heck deters people from starting, which with heroin is very important.

      As I claimed you can do what you like to yourself by your own free will that is your inalienable god given right. If you do so much heroin that you die, so what ?

      I'm not sure if you're being facetious here, or perhaps exaggerating to make a point, but I'll assume your reply is on the level. The "so what" is that we live in an allegedly civilised society, and in my opinion we should try and prevent as many deaths as we can. You may disagree with this view, if so fair enough. Despite much noise being made about self-sufficiency and not-relying-on-anyone-but-yourself, we humans are social creatures, and societal co-operation is beneficial to us. Also, while I agree that you should be pretty much* allowed to do what you want to yourself, heroin rarely affects solely the user.

      * Sadly, I do think there should be some limits, or rather, protection of those who have an altered cognitive function (where 'free will' may not have the same meaning). For example, I think euthanasia can be humane in some purposes, but should we allow someone who is depressed to kill themselves? It is tricky to accommodate every situation.

      My other reply has some other points that I wont repeat here, but do I ask that you read it.

      --
      If all you have is a grenade, pretty soon every problem looks like a foxhole -- MightyYar
    14. Re:The difference between UK and US by OdinOdin_ · · Score: 1

      I have no problem with people causing self-harm, I'd be more interested in the reasons for the self harm than in the actual acts. From this view point as a society we could try to find out which "false beliefs" or "imposed desires" are the root cause of the self harm, banish those and the matter of self harm will evaporate. This is inline with my line of thinking expressed in my previous posts.

      Who cares if the government taxes drugs to high heavon, yes a black market will exist, but at least it will be higher quality merchandise at lower cost (generally the black market rate is lower than the cost after taxation since its the tax people try to avoid).

      Your "civilised society" starts with yourself, not your projection on how you think society should be, but on the way you live your own life. I agree with your goals of preventing deaths but not at the cost of limiting your own free will (that god given right), so my solution would involve greater education and understanding but at the end of the day every person makes their own choices. I agree social co-operation is good too, but I don't think the society would breakdown nor was I advocating any self-sufficiency stance where one might downplay "society" as being insignificant.

      Your point on depressed people, I can only echo my opening sentences, the problem here is a false belief that sets up the situation, you are never going to stop this from happening but limiting free will is not a way to go about trying to limit it in the cases where you think you saw it being the principal reason being due to too much free will. The collateral cost to the living is far too great to be burdened with the acts of the dead.

      Maybe the difference of opinion here is that I can see the world in terms where own free will was limited and as a result of that a bad consequence occurred, where are you prefer to stick with the bad consequence part and try to strategies a solution for stopping bad consequences without considering the side effects.

      Why do people self-harm, why do depressed people consider suicide, the person feels that they are in a hopeless situation that they can do little about, teach that person to think in a way where free will is encouraged and the causes of this self-destructions will end.

      Enjoy your self-purpose in life.

  16. Dear U.K. Government: by Anonymous Coward · · Score: 0

    Protest the U.K. Government: Don't visit the bastards.

    Yours sincerely,
    Kilgore Trout

    P.S. : Defend Democracy: Fuck Bush

  17. ah by Anonymous Coward · · Score: 0

    The law only applies to data on UK shores, and doesn't cover information transmitted via UK servers across the internet.
    so of course any real encrypting being done will be exactly what the law doesn't cover. hurray for ineffective anti-privacy laws.
  18. I like money by spleen_blender · · Score: 1

    I smell a budding market rife with desire for custom made encryptions. Such a black market could make some clever and morally grey individuals quite a bit of money. Gotta love the free market :)

  19. What if...? by Opportunist · · Score: 3, Interesting

    What if I don't have the keys but only store the data (i.e. I'm a backup service provider who stores data for people he doesn't even know by name or anything but IP address, which is fleeting at best)? What if I simply cannot remember the keys or, in case of keydisk/keyfile systems, have lost either (or destroyed because the archives are old backups no longer needed)? What if I don't remember which version of which cypher program was used to encrypt the keys (I tend to have that problem, actually, with a few archives...)?

    I don't have a problem handing the keys to the authorities provided they can give me a good reason they need them (I really don't enjoy handing out trade secrets, you know...), but what if I just simply and plainly cannot?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:What if...? by Anonymous Coward · · Score: 0

      Exactly. What if that random block of data isn't encrypted, it's really just random data? How can you give keys to something that's not even encrypted in the first place? What's the difference between random data and encrypted data?

    2. Re:What if...? by Gandalf_the_Beardy · · Score: 1

      It's up to you to prove that you don't have the keys. Reversal of the burden of proof. I'd send some encrypted data to a politican and say that this is (insert something nasty) and then invite them to *prove* they don't have the key. They may eventually get the message but I wouldn't bank on it.

      Oh and if you get slapped with a gagging order - you are not allowed to discuss that. Not even with a solictor/lawyer.

      For what it's worth though you don't have to provide all your keys, you have to decrpyt the data of interest, that's all. There is no requirement for keys to be handed over.

    3. Re:What if...? by jez9999 · · Score: 1

      I don't have a problem handing the keys to the authorities provided they can give me a good reason they need them (I really don't enjoy handing out trade secrets, you know...), but what if I just simply and plainly cannot?

      I think you're missing the obvious point here, which is that they'll only arrest you and demand this stuff if you're a terrorist, in which case of course you'll have the keys! You'll have been using them recently to store away evil plots, bomb designs, copies of the Quran, and such.

    4. Re:What if...? by OriginalArlen · · Score: 1

      I don't have a problem handing the keys to the authorities provided they can give me a good reason they need them (I really don't enjoy handing out trade secrets, you know...), but what if I just simply and plainly cannot? Then you go to jail. If you're thinking "But that means the police can basically throw anyone who owns a computer into jail whenever they feel like it" - you've understood the big problem with this law.

      --

      Everything I needed to know about life, I learnt from Blake's Seven
  20. Dead-mans handle saves by samjam · · Score: 3, Interesting

    Have an off-shore cron job to revoke your keys if you don't touch them often enough.

    When you are asked for the keys, refuse until you are arrested and unable to save the keys from being revoked.

    The revocation is the trigger that you have been asked.

    Sam

    1. Re:Dead-mans handle saves by Slashdot+Parent · · Score: 1

      Have an off-shore cron job to revoke your keys if you don't touch them often enough. Either I have seriously misunderstood your suggestion, or you seriously misunderstand the mechanics of key revocation. I'm guessing that the latter is this case.

      In PKI, the function of revoking keys is not to render your private key inoperable. The purpose of key revocation is to declare publicly that your private key has been compromised, and thus, any signatures made with that revoked private key should not be trusted.

      In any case, your private key can still be used to decrypt any cyphertext that was encrypted with your public key. Revoking your public key does not change that.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    2. Re:Dead-mans handle saves by samjam · · Score: 1

      If you've been arrested over your key, no-one can trust that it is not compromised.

      Sam

    3. Re:Dead-mans handle saves by Slashdot+Parent · · Score: 1

      If you've been arrested over your key, no-one can trust that it is not compromised. Quite true. Perhaps it was me that misunderstood your suggestion, then?

      If you were merely trying to protect others from believing that your signed messages actually came from you, then your "autorevoke" would work.

      On the other hand, if you were trying to prevent the authorities from using your private key to decrypt your encrypted documents, the revocation technique would not hinder that decryption.

      At any rate, this law concerns itself with decrypting suspects' files, not with impersonating suspects. I'm not aware of any UK law that allows the police to compel someone to reveal your private keys for the purpose of impersonating him or her.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    4. Re:Dead-mans handle saves by samjam · · Score: 1

      Good points;

      I was figuring on getting round the "don't tell anyone" requirement, I didn't make this clear.

      Sam

    5. Re:Dead-mans handle saves by Slashdot+Parent · · Score: 1

      I was figuring on getting round the "don't tell anyone" requirement Ahh. That makes perfect sense, then.
      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    6. Re:Dead-mans handle saves by Anonymous Coward · · Score: 0

      Sorry to butt in, but, wouldn't the fact that the keys have been revoked give you plausible deniability that it was you who owns the data in the first place? In effect making the evidence inadmissable?

      Actually, I guess you'd have to have the keys revoked before arrest, for that argument to be worthwhile.

      Still, you could, I guess, impersonate yourself every so often - sending probably compromised emails or something - and have them chasing a phantom that supposedly impersonated you.

      Hmm. Let's see where we can go with this...

    7. Re:Dead-mans handle saves by durin · · Score: 1

      Too much work. Wouldn't it be easier to move to another country altogether?

      --
      Why, yes! I AM new here.
    8. Re:Dead-mans handle saves by samjam · · Score: 1

      You've never moved house, have you?

      A real hacker wouldn't call a few hours coding instead of moving house (emigrating!) (vias forms) and finding a new job "too much work".

      It's a software solution, it's nice. It codes around bad laws.

      Sam

  21. 12345 by Anonymous Coward · · Score: 0

    But then they will know my luggage combination.

  22. How to screw someone by linuxwrangler · · Score: 3, Interesting

    1. Place files full of random data on their machines

    2. Tip off the authorities to their "terrorist plans"

    3. Watch them get five years for "refusing" to decrypt the "data"

    --

    ~~~~~~~
    "You are not remembered for doing what is expected of you." - Atul Chitnis
    1. Re:How to screw someone by JCWDenton · · Score: 2, Insightful

      No, no. You missed out an essential step
      1. Place files full of random data on comptetitor's machines
      2. Tip off the authorities to their "terrorist plans"
      3. Watch them get five years for "refusing" to decrypt the "data"
      4.Profit!

    2. Re:How to screw someone by Reziac · · Score: 1

      Special bonus points for using this technique to "prove" that your unfavourite politician is a pedophile.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    3. Re:How to screw someone by noidentity · · Score: 1

      4. Said target just XORs some benign data with your random data and gives this to them as the key.

  23. Troll. So easy to threadjack. by Corwn+of+Amber · · Score: 2, Interesting

    The Home Office has steadfastly proclaimed that the law is aimed at catching terrorists, pedophiles, and hardened criminals--all parties which the UK government contends are rather adept at using encryption to cover up their activities.


    Yay! The Four Horsemen! But they forgot the Money-Launderers.

    This reminds me, some guys had sent a PGP-encrypted email to the (Autstralian?) Prime Minister, then reported him to the police. His house was searched for the crypto keys; the next day the law project was put under the rug.

    What are you UKsians waiting for?
    --
    Making laws based on opinions that stem up from false informations leads to witch hunts.
    1. Re:Troll. So easy to threadjack. by Sheridan · · Score: 2, Informative

      What are you UKsians waiting for?
      1999?
    2. Re:Troll. So easy to threadjack. by ZombieWomble · · Score: 1
      There's a problem with this concept though - the law only applies if the government wants your keys off you. There is no rule about not having encrypted data, you just have to hand it over as soon as they ask for it, which is why all the nice normal safe people don't have to worry about it.

      It's a very Orwellian concept of "privacy", really - private information is defined as the things the government hasn't asked you about yet.

  24. You can have my encryption key... by Billosaur · · Score: 1

    ...when you pry it from my cold, dead, mouse hand.

    --
    GetOuttaMySpace - The Anti-Social Network
    1. Re:You can have my encryption key... by CRiMSON · · Score: 1

      I'm sure they'd be happy to say you resist and taser the living shit out of you. You die? Oh well, 1 more terrorist dead. You complain about being tasered.. But think of the children!

      --
      oogly boogly!
  25. Search warrants? by osgeek · · Score: 2, Insightful

    Does the UK have the concept of a search warrant?

    I know everyone gets their panties in a wad about the guvmint decrypting their data, but I'm somewhat okay with it if a court is involved in the issuance of a valid search warrant. It's not fundamentally different from the court-overseen right to come into your home and search the premises.

    You can't completely declaw the police or they'll be useless at any type of law enforcement.

    1. Re:Search warrants? by computational+super · · Score: 1
      You can't completely declaw the police or they'll be useless at any type of law enforcement.

      And...?

      --
      Proud neuron in the Slashdot hivemind since 2002.
    2. Re:Search warrants? by julesh · · Score: 1

      I know everyone gets their panties in a wad about the guvmint decrypting their data, but I'm somewhat okay with it if a court is involved in the issuance of a valid search warrant.

      This doesn't require a search warrant. A notice under this legislation can be issued by a police officer who has been authorised by his chief constable to do so, a member of Her Majesty's Armed Forces, or an authorised officer of Her Majesty's Revenue and Customs (the UK equivalent of the IRS).

    3. Re:Search warrants? by osgeek · · Score: 1

      It's a balancing game. Who are you more worried about impacting your rights, police thugs or non-police thugs?

      Personally, I've been impacted more by the non-police thugs than the police ones. Plus, the police thugs bother me on a philosophical/indignation level. I object to their being abusive and rude... searching me without proper permission, etc. The non-police thugs tend to be the kind that take your belongings and possibly your life. It's an entirely different kind of cost/benefit analysis.

  26. Plausible deniability by glindsey · · Score: 1

    Those aren't encrypted files. I just like to keep a few multi-gigabyte files of random data on my system at all times -- it's a fetish of mine.

    1. Re:Plausible deniability by julesh · · Score: 1

      Those aren't encrypted files. I just like to keep a few multi-gigabyte files of random data on my system at all times -- it's a fetish of mine.

      Speaking as someone who possesses hundreds of megabytes of random data (/dev/random only produces it so fast, and you never know when you'll need a large OTP), I can tell you it ain't really a fetish.

  27. Freedom from Self-Incrimination by Nymz · · Score: 1

    Most of the time it's not that people wish to deny Freedom, but that they disagree on what freedom is.
    From the 5th Amendment: "nor shall be compelled in any criminal case to be a witness against himself". So jailing someone, because you think they could unlock some data, that would incriminate them, would violate their rights. Of course this is from the USA Consitiution, but UK citizens might have something similiar.
    1. Re:Freedom from Self-Incrimination by Anonymous Coward · · Score: 0

      I fucking wish we had something similar. No, there's nothing to stop our government doing shit like this, not even in name. In theory the monarch can veto a law, which never happens, ever. And in the old days, the House of Lords could refuse to pass a law. These days, if the House of Lords refuses three times, it passes them anyway (I have no idea how THAT law passed the HoL, probably bribery). There are no safeguards in the UK.

    2. Re:Freedom from Self-Incrimination by cheekymunky · · Score: 1

      (I have no idea how THAT law passed the HoL, probably bribery) It passed because the Liberal government of the time threatened (with the King's support) to flood the House of Lords with Liberal peers in order to pass a budget, after having won two successive General Elections on the basis that they would reduce the power of the Lords - back in 1911.

      http://en.wikipedia.org/wiki/Parliament_Acts
  28. Here is my key... by Anonymous Coward · · Score: 1, Funny

    ... "it is Pi to 10 billion places"

    Wake me up 3 life times form now , when you are done inputting the key passphrase.

    1. Re:Here is my key... by Anonymous Coward · · Score: 0

      Just copying from http://pi2.cc.u-tokyo.ac.jp/index.html gives you 1,24 TRILLION digits. So, wake up :)

  29. Data or Junk? by Nomen+Publicus · · Score: 1

    It's a very clever government if it can tell the difference between well encrypted data and a block of random bytes. Perhaps they will make having a USB drive full of random numbers illegal.

    1. Re:Data or Junk? by Anonymous Coward · · Score: 0

      In effect. They'll say the drive is an encrypted volume and demand you hand over the key, and it will be up to you to prove the key doesn't even exist. As you know, this is completely impossible. There is no way to prove your innocence, and the law assumes you are guilty.

  30. The really evil part by ribuck · · Score: 5, Insightful

    The really evil part is that you can be forbidden from telling anyone that you were forced to decrypt your documents, under penalty of imprisonment. Without public scrutiny, this law is inviting abuse.

    1. Re:The really evil part by Tim+C · · Score: 1

      While I agree completely, it's also easy to see why that clause is in there - it's to prevent you from warning people that their secure channel/data has been compromised.

      On the other hand, I also think the whole inversion of burden of proof thing is pretty nasty too. How do I prove that I don't have the decryption key they're demanding? Or do they at least still have to prove that I do? If so, even if they have the key, how do they prove that I know the passphrase, and without the passphrase, how do they prove it's the right key? (Or potentially, even that it's a valid key at all)

    2. Re:The really evil part by Alain+Williams · · Score: 1
      Because no one knows that it has happened to anyone else, there can be no oversight. All that we now need is a bent copper to go round collecting private commercial date (or other encrypted stuff of value) and start selling it. The copper never gets caught because the victims are not allowed to talk to other and so deduce that they are being scammed/robbed.

      The is completely stupid - it puts us good buys at risk and does little to deter the bad buys.

    3. Re:The really evil part by bbtom · · Score: 1

      Well, if you have a policy like I do for my personal GPG key - whereby you provide an explanation for all key revocations (eg. "This was just a test key", "I forgot the password" or something similar), except where you are not legally allowed to do so, then one can make a reasonable inference why I have revoked my key. According to an advisory notice from the Home Office (which I can't find, but I have seen reference to), apparently this kind of thing is legal under RIPA3.

      --
      catch (HumourFailureException e) { e.user.send("You, sir, are a humourless idiot."); }
  31. Re:You're missing the point. by julesh · · Score: 1

    Frankly, this story just about sums up what the internet has become, a place for people to whine and bitch and moan about the things they could have done something about if they hadn't all become so god damn lazy.

    Actually, a lot of us did do things about this at the right time, thank you. Lot of good it did us, of course, but at least we tried rather than just complaining about people who aren't trying.

  32. Slashdot law by westlake · · Score: 1
    If you had hidden volumes on an encrypted disk they would have no way to know there was potential evidence there and therefore could not demand you hand over the password.

    Not true.

    The warrant will be for a search of your hard drive.

    The consequences won't be pleasant when a judge asks why you withheld the key to a hidden volume that was known to others or was exposed in forensic analysis.

    1. Re:Slashdot law by Anonymous Coward · · Score: 1, Informative

      But that's the point of plausible deniability with something like Truecrypt. They cannot prove that you have a hidden volume, or a hidden volume within another, even with forensics. See the replies below.

    2. Re:Slashdot law by TheMeuge · · Score: 1

      A hidden volume that was uncovered during forensic analysis was not hidden.

  33. Re:Just do what the USA administration does by julesh · · Score: 1

    Claim you:

    1. Can not recall your key
    2. You have no recollection of ever setting up encryption


    Unfortunately they seem to have thought of this. Not being able to recall your key is not a defence, unless you can provide evidence that you've forgotten it. And they only have to show reasonable grounds to believe you ever had it, not that you actually did.

  34. Variant by jbeaupre · · Score: 2, Interesting

    Keep your encryption keys offshore.

    You have the password to unencrypt your offshore keys. This password cannot be demanded of you (jurisdiction). But when you want to use your encryption keys, your application asks for the password, retrieves the key, and performs your data decryption (locally or remote?).

    Decidedly more trouble than it's worth, but an interesting thought exercise.

    --
    The world is made by those who show up for the job.
  35. This law is NOT directed against terrorists by Terje+Mathisen · · Score: 2, Insightful

    This is in fact very easy to prove:

    If te maximum jail time for not divulging encryption keys is significantly less than the time for actually being convicted of terrorism, then it should be obvious that real terrorists would never divulge such encryption keys.

    No, this law, and others like it in other jurisdictions, are simply there to give the police one more reason to force regular citizens to hand over their keys.

    If you actually do have something to hide from the authorities, the best idea is probably to look into http://truecrypt.org/ and the capability of having hidden encrypted volumes.

    When forced, either by legal threats or by rubber hose interrogation, you can then divulge the primary key. On the primary volume you should store potentially embarrassing, but not really critical information. This should be sufficient to show that you had reason to hide said info, but not enough to put you in jail for a long time.

    If you happen to be located in a place like Myanmar/Burma, then you should also use TrueCrypt, for exactly the same kind of reason.

    Terje
    "almost all programming can be viewed as an exercise in caching"

    --
    "almost all programming can be viewed as an exercise in caching"
  36. /dev/random by Anonymous Coward · · Score: 0

    Hmmm.

  37. What if they can't even prove it's YOUR data? by aadvancedGIR · · Score: 1

    Strongly encript your sensitive stuff, keep the key far from your computer, and depending of the size, name it after a few popular songs or prOnstars and let it live on the mule, then recover it only as needed. "Hey, it's not my data, just a fake download". Bonus point, you can recover it anytime and anywhere.

  38. Plausable Deniability with True Crypt by bananaendian · · Score: 0, Redundant
    --
    www.tribalnetworks.org - helping tribal people around the world to own their own means of high-tech communications
  39. What if your password incriminates yourself? by Bender0x7D1 · · Score: 4, Interesting

    I was wondering how the court would rule if your password contained information that would incriminate you in a different crime.


    For example, if your password was: "my_murder_victim_is_buried_under_my_patio" or "I_embezzeled_20million_into_account_123456789", wouldn't revealing the password violate your right against self-incrimination (at least in the US)?

    --
    Reading code is like reading the dictionary - you have to read half of it before you can go back and understand it.
    1. Re:What if your password incriminates yourself? by eth1 · · Score: 1

      Screw that... it would be more fun to change the password to "[prosecutor's_name]_is_a_dickhead" before handing it over :)

      Oh, and make sure that your encrypted partitons contain lots of GIMPed images of the "prosecutor" in indefensible situations.

  40. No "Fifth Amendment" Equivalent? by Jane+Q.+Public · · Score: 1

    Does the UK not have some equivalent of our Fifth Amendment? In the U.S., you cannot be forced to testify against yourself. Giving up encryption keys would definitely qualify as "self-incrimination".

    1. Re:No "Fifth Amendment" Equivalent? by julesh · · Score: 1
      There is such a right, but it is interpreted in a narrow sense that wouldn't apply in this situation. See here:

      Although not specifically mentioned in Article 6 of the Convention the right to silence and the right not to incriminate oneself are generally recognised international standards which lie at the heart of the notion of a fair procedure under Article 6. The right not to incriminate oneself is primarily concerned, however, with respecting the will of an accused person to remain silent. As commonly understood in the legal systems of the contracting parties to the Convention and elsewhere, it does not extend to the use in criminal proceedings of material which may be obtained from the accused through the use of compulsory powers but which has an existence independent of the will of the suspect such as, inter alia, documents acquired pursuant to a warrant, breath, blood and urine samples and bodily tissue for the purpose of DNA testing.
    2. Re:No "Fifth Amendment" Equivalent? by Jane+Q.+Public · · Score: 1

      "International Convention" bedamned. Our Fifth Amendment right preventing forced self-incrimination definitely includes the right to remain silent about ANYTHING, including encryption keys.

      It is still not legal -- here -- for law enforcement to keep DNA information about an individual unless he/she has been convicted of a felony. They can take samples in some cases from suspects, but they cannot archive it unless there is a conviction.

      I do not understand why the UK is allowing itself to deteriorate in such a fashion, but it is appalling to outsiders who have to watch it happen. At the same time, I think it is fair to say that the same could be said, though to a lesser extent, about the U.S.

    3. Re:No "Fifth Amendment" Equivalent? by Anonymous+Brave+Guy · · Score: 1

      I do not understand why the UK is allowing itself to deteriorate in such a fashion

      It's trying not to. But you have to remember that the current administration was voted into an absolute majority in Parliament by only 22% of the electorate, and the party in power didn't even win the popular vote in England. Moreover, the Brown administration were appointed by party political people, contrary to a direct statement by the same party before the last general election that Tony Blair would serve for a full third term, and have absolutely no legitimate mandate whatsoever. The only reason these guys can do what they're doing is that our political system is utterly corrupt and non-representative, but short of violent revolution, there is little we can do about that until the next general election (which, at current rates of PR progress, will probably be announced some time next week).

      What really scares me is that in the current political climate, with the only two opposition parties in England who get a significant number of votes both trying to prove themselves more impotent than the other, Brown may actually get in if he calls such an election, and then we're stuck with him for another five years. Here's hoping that those two opposition parties — both of whom have given concrete promises to repeal some of the more heinous legislation passed under Blair — get their acts together enough to at least reduce Labour to less than an absolute majority in Parliament.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    4. Re:No "Fifth Amendment" Equivalent? by Anonymous Coward · · Score: 0

      Our Fifth Amendment right preventing forced self-incrimination definitely includes the right to remain silent about ANYTHING, including encryption keys. Sorry, but this post contradicts you, and cites the applicable legal rules.

      Do you have anything beyond handwaving to support your claim?
    5. Re:No "Fifth Amendment" Equivalent? by kraut · · Score: 1

      > I do not understand why the UK is allowing itself to deteriorate in such a fashion,
      With my cynical hat on: It's because the majority of people either don't understand or don't give a fuck.

      > but it is appalling to outsiders who have to watch it happen. At the same time, I think it is fair to say that the same could be said, though to a lesser extent, about the U.S.
      Equally cynically: You have your human rights abuses, we have ours. Personally, I find them equally appalling. On balance though, I'd still rather get a two year sentence (in an open prison, out in 9 months on good behaviour) to being deported to Syria. Or being abducted ^H^H^H^H renditioned.

      --
      no taxation without representation!
  41. Life without public key cryptography by Anonymous Coward · · Score: 3, Interesting

    Yeah. The U.K. (along with most countries) has always impressed me as a country designed by the bureaucrats, of the bureaucrats, and for the bureaucrats. Unfortunately the U.S. has been heading the same way for a while.

    People forget that the U.S. Senate came close to outlawing Public Key Crypto back in September of 1991. This is why there was a rush to release PGP back in the summer of that year. It negated anything the Senate could do.

    One has to wonder what life would be like without public key crypto today, or the interest in it which the prosecution of Phil Z. spurred.

    Two things which come to mind are Bill Clinton's Clipper chip, and a lot weaker Web-based business. And certainly not the ability to keep things private via PGP or TrueCrypt.

    1. Re:Life without public key cryptography by Rei · · Score: 3, Interesting

      Weren't the British planning to pass something like this years ago? I remember reading about it at the time. This law seems like it'd be either unenforcable (if the person can argue that they don't have or forgot the key), or asking for people to be set up (if they can't). Perhaps a less obvious version of the following:

      From: Anonymous Stranger (someone@outsidetheuk.com)
      To: Patsy (someone-else@inside.co.uk)
      CC: Law Enforcement HQ (help@police.co.uk)
      Subject: Confession

      Dear Patsy,

      I was just approached by an acquaintance who says he committed a crime for you. Not believing it, I asked for proof. He showed me this picture:

      (insert photo of apparent crime in progress)

      I was horribly disturbed when I saw this. Apparently, according to him, it's just a screenshot from a video of the crime and him talking about all of the details of it for you. When I asked why he felt safe keeping a video around, he said it's encrypted and that only you and he have the keys. I managed to swipe his USB memory stick, and sure enough, there's some big encrypted file on it. I'm attaching it below for you. Since the police will certainly be interested in what it shows, I'd advise that you hand over your encryption key to them immediately.

      --
      Kneel Before Christ!
    2. Re:Life without public key cryptography by ray-auch · · Score: 1

      IIRC The law _was_ passed then - but with this provision deactivated. I think they have now decided to activate it.

      I believe the home secretary at the time was sent communications similar to your example, by campaigners, to try and make the same point.

    3. Re:Life without public key cryptography by greenbird · · Score: 1

      This law seems like it'd be either unenforcable (if the person can argue that they don't have or forgot the key), or asking for people to be set up (if they can't).

      This is what would scare me. I'm constantly experimenting with various data encryption methodologies. I have 2 USB drives sitting here now that were encrypted for tests that I'm not sure how they were encrypt much less what the keys are.

      --
      Who is John Galt?
    4. Re:Life without public key cryptography by RockDoctor · · Score: 1

      This law seems like it'd be either unenforcable (if the person can argue that they don't have or forgot the key),

      The magic phrase is "plausible deniability". As the proposal stands, refusal to hand over a password which the courts know did or does exist is a specific offence with serious consequences. And the presence of a pile of "white noise" files on a memory device in your possession is primae facie evidence of the existence of an encrypted space. BUT it's quite possible to design encryption systems so that you have layers of encryption which will hide the presence of deeper layers of encryption. So you nest your secrets : an outer password to protect your email ; within which lies your porn collection protected by your inner password. And buried in the porn container you keep your plans for "World Domination (Fast)".

      The authorities can see the existence of the outermost container, and demand the keys for that. But they can't prove the presence of the inner containers unless they have the keys for it alreay. Without the keys, it's a pile of white noise data on a background of white noise.

      or asking for people to be set up (if they can't).

      Anyone is susceptible to blackmail. With or without encryption.
      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    5. Re:Life without public key cryptography by shentino · · Score: 1

      cat /dev/random > secret_encrypted_file.NOT Enough people do this and you will have tied up the courts with, what's the word, oh right. RED HERRINGS. If anyone would be interested, it certainly wouldn't be the NSA. Maybe NASA? That's right...any messages come out of the random device, it's gotta be from ALIENS! ...wait, hold the phone...that would only get MORE government involved...never mind :P

    6. Re:Life without public key cryptography by RockDoctor · · Score: 1

      cat /dev/random > secret_encrypted_file.NOT Enough people do this and you will have tied up the courts with, what's the word, oh right. RED HERRINGS.

      What's going on here? Oh, I see. Humour. How quaint. And on Slashdot too.
        I'll refrain from the tempting riposte that you'd tie the courts up better with red EELS than red HERRING (which you can feed to the penguins and preserve Linus' finger from further nibbling).

      Not enough people use encryption FULL STOP.

      And I hate to say it, that includes me.

      The really, really, really annoying thing is, when I come across good reasons to employ encrypted communications and data storage (for example, working on highly commercially sensitive oil wells for small clients) and I suggest using respected techniques (PGP, GPG, TrueCrypt), the clients come back with "No, that's too complex for us. Just put the data into a zip file and use 'drowssap' as the password."

      That's bad enough. They then insist on continuing with that technique even when I demonstrate a 30-minute turn around on breaking into one of their "secure" files when they've typo'd the password.

      Pass me the brick wall. I feel like beating myself unconscious against it. Again.
      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    7. Re:Life without public key cryptography by shentino · · Score: 1

      cat /dev/random > secret_encrypted_file.NOT Enough people do this and you will have tied up the courts with, what's the word, oh right. RED HERRINGS Sorry, I'm still tyring to figure out how to RELIABLY do line breaks in slashdot...it's a tossu pfor me at ths point.

  42. I'm fine with this.... by Joce640k · · Score: 1

    So long as it also means "carte blanche" for the public to encrypt all communications by default.

    Mass encryption would mean and end to all those illegal wiretaps. By requiring you to hand over your keys you'll know for sure whether or not they're eavesdropping.

    The "only with a court order" system will be enforced by technology.

    --
    No sig today...
  43. Old news; US can do the same thing, but not to me by OSPolicy · · Score: 2, Interesting

    Federal Rules of Civil Procedure 26-36 are perfectly clear - the US can demand your crypto keys as part of discovery in litigation, end of story. Fed. R. Civ. P. 37 spells out what happens if you don't comply, and the basic idea is that you get the choice that Steve James offers the unnamed punching bag in The Soldier: "Duck or bleed." If you get served with a subpoena or ordered to comply with discovery, you can comply (duck) or resist (bleed).

    Having said that, I'm immune. I have numerous files and directories on my computer that are encrypted with strong crypto and to which I do not have the password. I created them, assigned them random passwords that I never knew, filled them with random garbage that I never saw, and there they sit. I do not need to produce decrypted versions of those files or directories in court or anywhere else because they are not under my control.

    So far, so good, but who cares about files with no useful information? I do. Ordinarily, the fact that there's a decrypted file on my computer establishes a ludicrously-hard-to-rebut presumption that I have "possession, custody, or control" of the data therein. (Fed. R. Civ. P. 34(a)(1)) However, because I can establish that I have many files and directories that are not in my possession, custody, or control (for decryption purposes), that presumption does not apply to me. The party seeking disclosure must establish, file by file, that I can decrypt the file. And that's damned hard to do.

    A few notes: if you do this to circumvent judicial process, you're not going to get away with it. The judge is just going to allow the other party to draw the worst reasonable inferences about the contents of the file and force you to rebut. I, however, am not doing this to circumvent the law; I am doing it to make it hard for hackers who break into my system to figure out what they have to crack to get my important business data. The fact that the net result is that it has the potential to make discovery harder is only a side-effect for which I cannot be sanctioned.

    Second, if someone can establish that you should be able to produce something, this system isn't going to protect you. Crypto is just a high-tech shovel and a hard drive is just a high-tech back yard. Saying that you aren't going to produce an encrypted document is no different than saying that you aren't going to tell someone where in the back yard you buried that document. The court is not without tools to deal with uncooperative parties.

    Last, if you get involved with subpoenas or discovery, seek advice from something stronger than this posting.

  44. What about DRM encryption by dmahurin · · Score: 2, Funny

    So the media companies have to hand over the specs and keys to the HD or BlueRay DRM encryption? (Otherwise, they could be hiding secret information on the discs to overthrow the government.)

  45. Just OTP the whole thing. by BlueParrot · · Score: 1

    1: XOR your encrypted database with 2GB of appropriate "art".
    2: Explain to the police that your data is encrypted with a OTP
    3: ...
    4: Profit!

    Plausible deniability is not half as fun as plausible Goatse baiting...

  46. "evil" by deesine · · Score: 2, Funny

    No need for the sneer quotes, unless you are a nanny-stater who condones this type of governmental intrusiveness.

    "This aspect of the law is routinely ignored on Slashdot to try and enhance the "evil" reputation of the law."

    I think the law, just on a general level, earns its evil reputation well enough. So they used a condom, but they still buggered you.

    --
    damaged by dogma
  47. What if you can't remember it? by dnaumov · · Score: 1

    Honest question, I am curious: what happens if you claim you don't remember the password/key? Wouldn't the burden on proof that you in fact DO remember it be on the shoulders of prosecution? Because I don't really see how the prosecution could provide evidence for what you do or don't remember.

    1. Re:What if you can't remember it? by Cederic · · Score: 1


      Welcome to a lengthy holiday at Her Majesty's pleasure.

      Or until you 'remember' the encryption key you so conveniently chose to forget.

      Or can you prove you forgot it? The law requires such proof.

  48. Flashback by Anonymous Coward · · Score: 1, Interesting

    I remember when this was first up in front of parliament in 1999/2000, but I didn't know they had passed the thing.

    There was considerable concern in the banking industry at the time (noted in the article) about whether they'd have to release their keys. The original proposal said that the authorities could:-

    a.) approach anyone with access to the keys and demand that they release them (including secretaries for example) on penalty of gaol,

    b.) silence that person from discussing the approach or forced release with their employer (ie. the real owner), again on penalty of gaol.

    Another slight concern was the role of SSL where there is an exchange of keys and whether this could open a backdoor to a class-break by keys forcing out of multiple customers, while keeping those people silent.

    Does anyone know if the legislation actually enacted does that stuff?

  49. Justice by Anonymous Coward · · Score: 0

    The New Labour government has been obstructing justice for 10 years, what with whitewashed reports and "it was an honest mistake" and all that. How long do the public have to wait before the government (ex)ministers are finally put in prison themselves for their crooked ways?

  50. Clarification by Jane+Q.+Public · · Score: 1

    If I am not mistaken (I am not a lawyer), *IF* U.S. law enforcement were aware that a specific document or file existed in an encrypted archive, and that it had relevance to the case, then they might be able to subpoena that document. The recipient of the subpoena would be legally required to produce the document in question, and the subpoena can be enforced in the usual manner. However, any other content of the encrypted archive need not be revealed.

    They may NOT engage in "fishing expeditions", and demand that one give them keys to encrypted archives so that they might look around for incriminating evidence. There has to be a "probable cause", prior to subpoena.

  51. The Moot project should be moving onwards soon by chucken · · Score: 1

    Check out the "Moot" project: http://www.zenadsl6186.zen.co.uk/ Hopes to make RIPA act moot...

  52. Zeitgeist says it is rich people wanting control. by Futurepower(R) · · Score: 4, Insightful

    "I guess when wire-tapping and CCTV just isn't enough"

    The issue, of course, is that systems are being put into place that can be used against citizens who protest. By using "terrorism" to create fear, those who want corruption and control are building systems that can be used to give them more control. Laws that required centuries to build are now being thrown away with as little awareness by citizens as can be designed.

    The movie Zeitgeist explains it: The movie Zeitgeist (2007) claims to explain it all, from an example of how people are controlled by myths, to how people who control government use fear to get more control, to why the U.S. government is pursuing a policy of hyper-inflation of the dollar now.

    The movie is free and can be downloaded using a BitTorrent client, burned to a CD (a DVD is not necessary), and most modern DVD TV players will play it.

    The Zeitgeist movie is very poor in some places, such as the opening sequences, and excellent in most places.

    Don't expect emerging consciousness of very difficult subjects like those in the movie Zeitgeist to be free of error. The movie correctly says that "resurrection after 3 days" is part of many ancient myths, with an astrological background. However, the movie also speculates that Jesus Christ may never have existed. That is beside the point. In fact, whether Jesus Christ existed or not, many people in the world thought that his ideas and the ideas of his follower Paul of Tarsus were an improvement over what they had before. Even many people who do not claim to be part of a religion think that.

    Those who want more information about how corrupters use fear can watch the free 3-Part BBC movie: The Power Of Nightmares: The Rise Of The Politics Of Fear (2004).

    For those who don't know, and want to know what is happening and why, those movies are an excellent and entertaining way to start.

    For people and their friends who invest in weapons and the manipulatable parts of the oil business, such as Cheney and the Bush family, controlling the government is how they make money and get more power. People from rich families often grow up believing that it is acceptable for them to kill people to get what they want. It is difficult, however, for the average person to believe that someone who already has a lot of money would kill others simply because he wants more money.

    I am surprised at how much conflict of interest is allowed in the U.S. and U.K. governments. Why are weapons and oil investors like Cheney and Bush allowed to decide about starting wars in countries that have oil? (Afghanistan may not have oil, but oil investors want to build a pipeline through Afghanistan.)

    Now the U.S. and U.K. governments are planning to start a war with Iran, another oil-rich country.

    TrueCrypt has "plausible deniability. I wondered why TrueCrypt encryption software has "plausible deniability". I guess that is why. We will soon all be needing it.

  53. This is in the UK by Anonymous Coward · · Score: 0

    theres no law against self incrimination.

  54. Re:You're missing the point. by CmdrGravy · · Score: 1

    Yep, I wrote to my MP about it, she said she agreed with me but all the other party drone MPs voted for it anyway.

  55. from my cold dead hands by GIS.thrills · · Score: 1

    the time for citizens of the uk to start saying no may be overdue. the abuse of their privacy hurts us all. the uk lowers the bar, and allows other governments to take a little privacy here and there and then point their figure at the UK and say at least its not that bad. When the government wants to take things, Charelton Heston likes to say, "...from my cold dead hands." I am not a fan of Heston nor the NRA, but I do encourage the uk to employ honest descent from policies that take privacy/freedom in an attempt to provide security.

  56. Provable deniability by gweihir · · Score: 2, Interesting

    I use the followinf procedure to securely erase HDDs:

    1. Setup fil disk encryption with a random password (Linux dm-crypt)
    2. Overwrite mounted encrypted volume with random data (not cryptogtaphically strong)

    The result cannot be distinguished from an ordinary encrypted disk, and that can be mathematically demonstrated. Also there is no way I can prove there is really no data there. Again mathematically proovable that I cannot demonstrate this.

    May other secure deletion utilities produce results much like this, i.e. not distinguishable from encrypted files or whole disks.

    So, everybody that does secure deletion of this type now goes to prison? I don't think so. What I think is that it requires a conclusive explanation of this impossibility to get this law restricted to cases were the authorities first can proove the presence of encrypted data. This will be the cases where the users do not understand crypto. All eth others will szucessfully evade this exceedingly incompetent law.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Provable deniability by Alsee · · Score: 1

      random data (not cryptogtaphically strong)
      there is no way I can prove there is really no data there. Again mathematically proovable that I cannot demonstrate this.


      Oops, no. If your random data is not cryptographically strong, then suppling the key will effectively demonstrate that that is the true decryption.

      Unless of course your suggestion is that you don't know / didn't record the random volume key, in which case you may as well have filled the encrypted drive with nulls rather than pseudo-random data.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    2. Re:Provable deniability by gweihir · · Score: 1

      Oops, no. If your random data is not cryptographically strong, then suppling the key will effectively demonstrate that that is the true decryption.

      Unless of course your suggestion is that you don't know / didn't record the random volume key, in which case you may as well have filled the encrypted drive with nulls rather than pseudo-random data.


      1. Of course the key is not recorded, whyever should it be? In fact the key can be read from /dev/random as is done for encrypted swap, which is set up with a differen tkey on each boot-up.
      2. Overwriting with random data is suppoedly more secure than with zeros.
      3. Overwriting with crypographically strong random data is supposedly even better.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:Provable deniability by Alsee · · Score: 1

      Ok, you meant tossing away the key. But I think you misunderstood my second comment. I meant you might as well save encrypted nulls. Encrypting zeros is indistinguishable from encrypting dev-random.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  57. Fifth Amendment in US by pz · · Score: 1

    I've heard of an interesting tactic used in a relatively high-profile case here in the US (use Google to search for "David LaMacchia") to prevent the divulging of decryption keys and passwords: make the court-demanded information contain the text of a confession to a crime. By engaging the US Constitution's Fifth Amendment protecting against self-incrimination, the defendant in question was successfully able to avoid divulging the pertinent data. Naturally, this strategy creates the liability of being charged with obstruction of justice, but that's potentially a far lesser crime. IANAL, and this is not legal advice, so take this information for entertainment value only.

    --

    Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
  58. Re:Zeitgeist says it is rich people wanting contro by TheLink · · Score: 3, Interesting

    Truecrypt's plausible deniability is worthless or even dangerous.

    If you have Truecrypt installed it just means you're going to rot in jail till you can either:
    1) Convince the police that some random file you have that they are interested in is not encrypted.
    2) Decrypt the file somehow (even if it wasn't encrypted in the first place ;) ).

    You'd be better off downloading some legal porn (or something similarly frowned on but legal) and encrypt sets of them (without truecrypt) and write down the keys somewhere so you never forget or lose it. Then if the Gov says "hand over the keys" you hand over the keys, rather than say "I have no keys".

    A Gov like that is going to presume you're guilty of something.

    --
  59. Wow, they can search your house too!!!!!! by Anonymous Coward · · Score: 0

    I was astounded to find that the govt. can search your house if they get a warrant. If you don't let them in, they'll break in!!!!! We live in a police state!!!!!

  60. Re:Zeitgeist says it is rich people wanting contro by Chosen+Reject · · Score: 3, Informative

    TrueCrypt's plausible deniability is more than that. With it you can have two encrypted volumes within the same volume only with different keys. If you are asked for a key, you give them one. They unencrypt the volume you gave them a key for and they find nothing. More information (and probably a much better description) here.

    --
    Stop Global Warming!
    Just say no to irreversible processes!
  61. Re:Zeitgeist says it is rich people wanting contro by BalanceOfJudgement · · Score: 1

    A Gov like that is going to presume you're guilty of something.


    In which case your attempt to appease them with legal porn is probably not going to help. A government like that will find something to charge you with no matter what you do, so why give in so damned easily?
    --

    We are the fire that lights our world.. and we are the fire that consumes it.
  62. homophones by Anonymous Coward · · Score: 0

    I think you mean root around.

    No really.

  63. isn't that old news? by yoprst · · Score: 1

    "Can demand now"? I remember hearing long time ago that you face up to 2 years of jail if you don't give up your encryption keys to police in UK. I'm pretty confident about that - I rarely hear any UK news at all...

    1. Re:isn't that old news? by drseuk · · Score: 1

      I rarely hear any UK news at all... How is life up in Scotland these days now you're independent?
    2. Re:isn't that old news? by yoprst · · Score: 1

      Dunno. Last time I checked we were independ of Scotland as well...At least officially

  64. Windows by Anonymous Coward · · Score: 0

    There is one way to show that an inner volume likely exists. Check the 'recent files' list of the programs on the computer if there are references to files not on the outer volume. If you have a lot of those, it should be reasonable to assume that there is an inner volume. Sure, you may just have deleted a lot of files from the outer volume, but it's not very likely if the other files haven't been touched for some time.

  65. Re:Zeitgeist says it is rich people wanting contro by tehmorph · · Score: 1

    Wrong- TC will let you make a disk which is actually two disks (It's impossible to tell which is which). The thing there is that you hide stuff in one part which isn't too hot (legal porn, etc) and then use the other part of the disk to store the really hot stuff, and select which you want to access by using one key or the other. So when the cops come you just give them one set and they go 'Oh. OK.'

    --
    Could not open .sig for reading- sanity error
  66. Encrypt the encryption key. by javalizard · · Score: 1

    When they say that you need to hand it over, couldn't you give them the encryption the encryption key with a second key? Then when they ask for THAT key, you encryt that second key with a third key. etc etc. Could this postpone giving them any info ever at all?

    IOW. Does the law say anything about the format of the encryption key?

    1. Re:Encrypt the encryption key. by drseuk · · Score: 1

      formattedAsWord95DoesItIfYou'reUsingOOXML

  67. police state by im+just+cannonfodder · · Score: 1

    the uk is a police state but they are just not as open about it as the usa!

    http://www.noliberties.com/

    http://www.thedossier.ukonline.co.uk/

  68. It's a key, just like any other by shylock0 · · Score: 1

    I don't really understand the hubbub. The government can already get you to hand over your real keys. They can get a court order to open your safe deposit box. This is just an extension into virtual space of governmental power which ALREADY exists in physical space.

    --
    Statistically speaking, there's a 99.998% chance that my IQ is higher than yours. Get over it.
    1. Re:It's a key, just like any other by etymxris · · Score: 1

      Because unlike the real world, the key is in your head and the safe is quite unbreakable. If you refused to give the combination to your safety deposit box, the government would still be able to get into it. But there's no way to get into an encrypted drive (assuming a strong password) without beating the owner with a rubber hose.

    2. Re:It's a key, just like any other by julesh · · Score: 1

      The government can already get you to hand over your real keys. They can get a court order to open your safe deposit box. This is just an extension into virtual space of governmental power which ALREADY exists in physical space.

      Not quite. This can be done without a court order. It can be done on suspicion alone; they don't have to prove that you have access, you have to provide evidence that you don't. They can order you not to tell anyone about it.

  69. Laws Against Self-Incrimination by Blue+Stone · · Score: 2, Interesting
    As far as I can see, and I'm not a lawyer, this new section of RIPA breaches the right to silence and against self-incrimination - which have been judged in the courts to be intrinsic aspects of a 'fair trial'. This is in addition to reversing the burden of proof.

    It seems to me that anyone banged up for 'forgetting' their pass phrase would have excellent grounds for appeal, and overturning the law. And let's face it, this morally corrupt, authoritarian Labour government has had it's nefarious laws overturned before.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    1. Re:Laws Against Self-Incrimination by JoelKatz · · Score: 1

      As far as I can see, and I'm not a lawyer, this new section of RIPA breaches the right to silence and against self-incrimination - which have been judged in the courts to be intrinsic aspects of a 'fair trial'. This is in addition to reversing the burden of proof.

      It seems to me that anyone banged up for 'forgetting' their pass phrase would have excellent grounds for appeal, and overturning the law. And let's face it, this morally corrupt, authoritarian Labour government has had it's nefarious laws overturned before.


      It's trivial for a clever prosecutor to avoid this. He simply gives you transactional immunity for giving him the password/passphrase. He can still use the encrypted information against you, since he got that from a search or lawful seizure. He doesn't want to use the password/passphrase against you.

      The only way this limits him is he can't argue that the data was yours because you knew the passphrase. But he probably can prove its yours already since he seized it on your computer or it had your name on it or whatever.
    2. Re:Laws Against Self-Incrimination by JoelKatz · · Score: 1

      Sorry, my response misunderstand your argument. Somehow I thought you were saying that having to give up the passphrase violates rights against self-incrimination or rights to remain silent. I see that wasn't what you were saying. Not sure how I misread you, maybe I was thinking of another post of something. Maybe I need more sleep.

    3. Re:Laws Against Self-Incrimination by KudyardRipling · · Score: 1

      I remember back in 1988 that legislation was passed in England that pretty much gutted their equivalent of the USA Fifth Amendment protections against self-incrimination, It allowed "a jury to deduce guilt from silence". Although it was passed with the view to combat 'IRA terrorism', it could be applied to any criminal proceeding.

      Here in the USA we have jurors who are contaminated by the media to serve the state's interest. It must be the fear over losing (beat that dead horse!) cushy jobs, nice homes, SUV's, retirement porfolios, vacations, entertainment systems, etc.

      --
      Submission as evidence constitutes plaintiff and/or prosecutorial misconduct.
  70. Search is a legitimate police tool by mi · · Score: 2, Informative

    I guess when wire-tapping and CCTV just isn't enough

    No, it is when search — the practice long accepted as a legitimate law-enforcement tool — is not enough.

    If we allow police to search houses (including safes — demanding keys, when needed), it is only logical to allow them to also decrypt data (demanding keys, when needed).

    --
    In Soviet Washington the swamp drains you.
    1. Re:Search is a legitimate police tool by ultranova · · Score: 1

      No, it is when search -- the practice long accepted as a legitimate law-enforcement tool -- is not enough.

      If we allow police to search houses (including safes -- demanding keys, when needed), it is only logical to allow them to also decrypt data (demanding keys, when needed).

      I was unaware that you are required to help the police to search your house. Tell me, does someone accused of murder get a heavier sentence if he refuses to tell where the murder weapon is ?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:Search is a legitimate police tool by mi · · Score: 2, Insightful

      I was unaware that you are required to help the police to search your house.

      You are required to provide the key to your safe, so it can be searched.

      Tell me, does someone accused [you mean, convicted, right?] of murder get a heavier sentence if he refuses to tell where the murder weapon is?

      "Obstruction of justice" can be thrown in as an extra charge. It rarely happens, I guess, because it is a very minor offense compared to the murder itself.

      Interestingly, in the US, one can, probably, refuse to provide to provide the decryption key on the 5th Amendment's ground... Not sure, if anything similar exists in the UK at all.

      --
      In Soviet Washington the swamp drains you.
  71. Re:hidden volumes - wrong analogy by vpaul · · Score: 1

    A computer is not a house, but rather like an enhancement of your brain.
    You cannot be forced to tell what you think and what you know,
    and giving them a key means telling what you know
    and the computer (your brain 2.0) knows.

  72. Self-Incrimination by Blue+Stone · · Score: 1
    > This is in the UK [...] there[']s no law against self incrimination.

    Yes there is - it was established by the European Court of Human Rights that the right to silence and the right to not incriminate oneself were intrinsic aspects of a fair trial. http://rechten.uvt.nl/koops/casi-faq.htm#2.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  73. Re:Zeitgeist says it is rich people wanting contro by TheLink · · Score: 2, Insightful

    You miss my point totally.

    The gov thug comes and says "Ah you're using Truecrypt, we know about that cool feature they mention in their website, so hand us all keys".

    And if you're stupid you go "Uh I only have one key".

    Then:
    a) If you're not telling the truth, you're in deep shit.
    b) If you're telling the truth, you're in deeper shit, since there's no key #2 to give them.

    Think Truecrypt is so great now? Truecrypt's "plausible deniability" feature is crap.

    What I call plausible deniability would be if a very popular linux distro ALWAYS generated a 100MB (or 2% of diskspace, whichever is larger up, to a max of say 1GB) file full of random stuff and plonked it on the filesytem, and it always included encryption tools by default.

    Would normal users be willing to pay the price of the "wasted" space and time?

    --
  74. Re:Zeitgeist says it is rich people wanting contro by TheLink · · Score: 1

    I didn't expect to have to explain in detail how stupid it was but anyway:

    http://slashdot.org/comments.pl?sid=314757&cid=20826495

    --
  75. This is simply false by nasor · · Score: 3, Informative

    That's the problem - forgetting the password is not a defence. This is simply false. In fact, one of the biggest criticisms of the law from U.K. law enforcement is that it's almost impossible to enforce in most cases because the burden is on the police to prove that the suspect does actually have the keys and has not simply lost/forgotten them. The law quite explicitly states that the police must demonstrate beyond a reasonable doubt that the person actually has a key before any violation of this law can occur.
    1. Re:This is simply false by julesh · · Score: 3, Informative
      The law quite explicitly states that the police must demonstrate beyond a reasonable doubt that the person actually has a key before any violation of this law can occur.

      That's not actually true. Here're the relevant sections, with added emphasis:

      49 (2) If any person with the appropriate permission under Schedule 2 believes, on reasonable grounds--

      (a) that a key to the protected information is in the possession of any person

      [...]

      53 Failure to comply with a notice

      (1) A person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.

      (2) In proceedings against any person for an offence under this section, if it is shown that that person was in possession of a key to any protected information at any time before the time of the giving of the section 49 notice, that person shall be taken for the purposes of those proceedings to have continued to be in possession of that key at all subsequent times, unless it is shown that the key was not in his possession after the giving of the notice and before the time by which he was required to disclose it.

      (3) For the purposes of this section a person shall be taken to have shown that he was not in possession of a key to protected information at a particular time if--

      (a) sufficient evidence of that fact is adduced to raise an issue with respect to it; and

      (b) the contrary is not proved beyond a reasonable doubt.


      The only precondition for issuing a notice is reasonable belief. The only condition necessary for an offence to occur is that the recipient of the notice didn't act on it, knew what he was required to do and knew he was not doing it. The only time it is required for the prosecution to prove beyond reasonable doubt that the defendant is in posession of the key is if the defendent has produced evidence that he is not.

      I believe you are in posession of a key with fingerprint 33a08b9d1e07, because somebody sent you a message that was encrypted with that key, and they wouldn't do that if they didn't think you could read it (reasonable belief). You have been issued with a section 49 notice requiring you to either decrypt the message or surrender your key. You can't do this because you don't have the key, and have no idea who sent you the encrypted message. Can you provide any evidence that you don't have the key? Because if you can't, I'm not required to prove that you do have it.
    2. Re:This is simply false by ultraparanoid · · Score: 0

      Unless, ofcourse, you are a Suspected Terrorist ®. If you are, your guilt is given, and the reasonable doubt argument is moot.

  76. Re:You're missing the point. by myowntrueself · · Score: 1

    Yep, I wrote to my MP about it, she said she agreed with me but all the other party drone MPs voted for it anyway.

    And I bet that those 'other party drone MPs' all said the same thing to the people that wrote to them about it.

    --
    In the free world the media isn't government run; the government is media run.
  77. How do we get around this? by Anonymous Coward · · Score: 0

    After reading the article it applies only to on disk storage of information rather than encrypted data transiting the network which typically use dynamic encryption keys.

    I guess this is precisely why truecrypt and others provide a way of hiding information on disk (plausable deniability) and what duress keys are for.

    Anyway what if you honestly loose your key or forget a passphrase?

    Lets say you locked your Master key up in a vault and intentionally distroy the only key that can open it fearing some shadowy figures (unrelated to the authorities request) were after you. You tell the authorities where the information is ... Can you still go to jail for distroying the only physical key that can gain access to the vault containing said master key?

    What happens if the computers disks are rigged to fry if someone attempts to force their way through said vault. Would you be held liable for that?

    What if the government finds an old hard disk drive laying around using an old encryption key that hasn't been used in years that was destroyed/long since forgotten you don't have any clue about.

    What if a friend gives you a hard disk drive with data encrypted that you have no knowledge of. Does your friend go to jail for refusing to help or do you for being ignorant.

    What if you buy a disk drive used on ebay the authorities find data on they want decrypted?

  78. Re:hidden volumes - wrong analogy by malsdavis · · Score: 1

    I think comparison with your house is more apt than comparison with your brain.

  79. UK Government: by Anonymous Coward · · Score: 0

    All your key are belong to us!

  80. Stupid Governments... by Anonymous Coward · · Score: 0

    The vast majority of social and enviromental impacts regarding crime (Meaning, the type of crimes that really effects us all) stem from Murder, Rape and Phsyical Thieft. Although a percentage of criminals use a PC to lure a victim, it is so remotely negotibale compared to ones who do it without a PC.

    How much money was spent on the bill/law/admentment for this new practice to pass?
    How much money is spent inforcing this?
    How many Murders, Rapest and Phsycial Thiefts did this new practice reduce?

    Did the overall cost + 1 annual year of resources = spending the money on more physical resources in the field to reduce true enviromental criminal impacts? The answer will be NO.

    This is nothing more then big government wasting money on low resulted solutions and using scare/fear tatics to justice its use to making more money doing almost nothing.

  81. Always about the bloody children... by Monoliath · · Score: 1

    The Home Office has steadfastly proclaimed that the law is aimed at catching terrorists, pedophiles, and hardened criminals--all parties which the UK government contends are rather adept at using encryption to cover up their activities

    ...then why don't they craft the law to focus the demand to be available by law enforcement only when the case falls into any of the above classifications...instead of creating this insanely overgeneralized law with an insanely high potential for abuse by insane megalomaniacal law enforcement officials.

  82. That's not the worst of it.. by Anonymous Coward · · Score: 0

    Once they have your data there is actually nothing I can detect which demands they pay attention how such confidential data is handled and how use of it is audited. If I'm wrong I'd love to be corrected but I can't find it.

    To translate that into reality: if you're a private banker who has the misfortune to have a client who the US is interested in, the collaboration between UK and US means that your client confidential data may well end up in the hands of a junior policeman who has freshly fallen out of school. You have no recourse, and you cannot tell the client, but if the client finds out his confidential data has leaked it's your problem - the Home Office won't help you rescuing your reputation..

    We use a service which vaults two parts of a split masterkey outside the EU. It won't stop the masterkey being demanded and supplied, but it will enforce the use of Interpol which creates different compliance demands.

    We saw this coming a good 7 years back. 1984 has almost arrived.

  83. Better analogy - wiretaps and codewords by R2.0 · · Score: 1

    Think of it this way - police get Mafia bosses on tape speaking in code. The speakers use words like "package" or whatever to describe their stolen goods. The "key" to that code is in the heads of the speakers in the conversation. By your reasoning, those bosses should be forced to divulge the "key", i.e explain what they were referring to when they used the word "package". But that isn't allowed - the tape is played in court, and the jury decides what they think is meant.

    I can see it now - a law that states that refusing to explain the codewords used in conversations is obstructing justice and punishable by jail time. It wouldn't make it past the first District court judge who encountered it, much less the Supreme's.

    --
    "As God is my witness, I thought turkeys could fly." A. Carlson
  84. Think Seriously About Random Data by Anonymous Coward · · Score: 0

    I often keep blocks of random numbers on my computer so I can repeat tests. Now Plod can demand the decryption key. It doesn't matter that there isn't one. So I accept my sentence or give him a "key" that XORs to a picture of the Queen.

    "Not good enough!", cries Plod. "I demand *another* key!"

    So I give him the XOR for goatse.

    "Better...", says Plod, smacking his chops, "But you can do better than that or I'll have you..."

    So I give in and provide the XOR for Edwina Currie and John Major doing it on nylon sheets.

    "Sickening!" he cries, "That will do nicely!"

    There's a serious point here - the Act implicitly requires that the encryption be performed to Plod's satisfaction, but Plod doesn't know what he wants, or he wouldn't be asking. Analogies with physical search don't apply, because there we have a physical test - can Gil Grissom account for every cubic inch of the property? Some things simply cannot be legislated, some are not best handled through legislation. In this case, conventional interrogation and allowing the jury to draw their own conclusions as normal would have sufficed. If it's urgent, like preventing a bomb going off or rescueing a kidnap victim, the suspect is already in very deep trouble. Another grounds for nicking him will hardly matter. A law which denies mathematical reality has been passed in a hysteria of knee-jerk legislation, and serves only to enhance the *mood* of a Police State.

  85. Privacy by coretx · · Score: 1

    I would like to ask all people who don't give a ***** about privacy why they have curtains in their bedrooms !

    1. Re:Privacy by Anonymous Coward · · Score: 0

      "Got anything to hide?"

      "No."

      "Then why are you wearing clothes?"

  86. Re:Old news; US can do the same thing, but not to by etymxris · · Score: 1

    That's a lot of text, maybe you could spell out the exact text that regarding passwords for encrypted information. I'm not seeing any difference between (a) compelling a murder suspect to disclose the body's location, and (b) compelling a pedophile to disclose his encryption keys. Not any difference, that is, in terms of self-incrimination. So where in the rules does (b) hold true but (a) is exempted?

  87. Oh great, by MeditationSensation · · Score: 1

    I can just see UK police demanding to see the "sauce" for your porn collection.

  88. Re:Old news; US can do the same thing, but not to by CodeBuster · · Score: 1

    You obviously didn't hear the part about plausible deniability. One cannot be compelled to produce what does not exist or cannot be proven to exist. The judge receives the keys to the outer volume decrypts it and looks at your files but he cannot compel you to give up the keys to a volume which does not exist. When asked, you simply reply, "that is all there is, sir" and they cannot prove otherwise. You have cooperated and they cannot throw you in jail indefinitely merely because they "think" you *might* be holding something back, especially if they cannot prove it even in the slightest. The whole point of hidden volumes is that they can be neither proved nor disproved...plausible deniability.

  89. Re:Old news; US can do the same thing, but not to by OSPolicy · · Score: 1

    It does depend on the document. There are docs that can be kept from the court with or without encryption. However, on point with your question, Federal Rule of Civil Procedure 34(a) states that "[a]ny party may [cause any other party to cough up] any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form)". (This is a rule of civil procedure; I don't have my crim proc book handy and of course criminal procedure would be directly on point here.)

    As to disclosing the location of a body versus providing encryption keys, I'd think along these lines: People have to surrender potentially incriminating evidence against themselves all the time (contrary text in the Fourth Amendment notwithstanding). For example, it is well-established that even before being charged, people may often (but not always) have to allow their fingerprints to be taken even though that will place them at the scene of a crime; hand over their IDs, even though that will establish that they are the ones who jumped bail; and occasionally surrender DNA samples even though that will tend to incriminate them in various ways. Once the court knows that you've got something interesting, the court will often want to take a peek. Some things (e.g., privileged communications with an attorney) are off-limits, but a surprising amount is not.

    If the court knows that you know where the body is, the court will try to compel you to tell and bad things will happen to you if you do not. However, if the court merely strongly suspects, even US courts will not punish you until you produce the body because of the possibility that you actually don't know where it is.

  90. Re:Zeitgeist says it is rich people wanting contro by Yaotzin · · Score: 1

    So you can see if Truecrypt has been used?

    --
    Error: No error occurred
  91. George Bush for the head of the EU by tjstork · · Score: 1

    All we hear about from the Europeans and their American Left Wing Lackeys (no doubt paid) is that Bush is a wanna be Hitler, hell bent on exterminating everyone's civil rights, whereas Europe is the enlighted fount of all freedom to the world. I think a critical examination will reveal that George Bush is the most pro-freedom head of state of any of the major industrialized nations. If Europeans and Americans value freedom, then we need to amend the US Constitution so that he can have a third term, or, perhaps make Mr. Bush the President of the European Union.

    Bush draws criticism for the USA PATRIOT Act, but, in the United Kingdom, I think, has more cameras in the city of London than the USA has on the North American Continent. Now we find that the UK will throw people in jail for refusing to turn over keys, something that is unconstitutional under the American Bill of Rights (The 5th Amendment). George Bush wouldn't do that, unless they were islamic, and the vast majority of Christian citizens of the west need not be concerned.

    In France, an investigating judge has essentially the same powers as an American prosecutor and a judge rolled in together, and no major European country has the American notion of double jeopardy - where a person cannot be tried twice for the same crime. In fact, George Bush's appointees to the Supreme Court have NEVER tried a criminal case twice for the prosecution.

    European lawmakers contemplate banning all engines over 3 liters in displacement, but in America, a 6 liter V8 is a constitutional right, thanks to George Bush.

    Europe does not have the fundamental right to keep and bear arms. Go ahead and try a Bushmaster XM15E2S in France or the United Kingdom. But, you can buy one in Delaware, USA, thanks to George Bush's timely repeal of the oppressive assault weapons ban.

    The record on taxes too, is all Bush. George Bush has consistently pushed for lower taxes - meaning more freedom, lower environmental regulations (meaning more freedom). George Bush is condemned for his sphinx-like opposition to silly carbon taxes, but those same critics never seem to say exactly what machine will be built to clean up the atmosphere with that money. They know that their brothers are going to get new decks with that money.

    Honestly, if I have to choose freedom, I would prefer George Bush any day of the week over any head of European State. I don't like what Bush did with the USA Patriot act, but I think any balanced opinion over civil rights and freedoms for the majority people will find, upon any serious examination, that the majority will get more freedom under George Bush and the Republican Party than any other European Party or State would.

    My advice to Europeans, then, would be to assert your freedom in the most fundamental way : break out your confederate flag, and wear a nice t-shirt with a picture of George Bush, and proudly say in solidarity, "I'm a Republican Too"

    Here's the song you need to learn. Put some gasoline in the rag and pass it along.


    Sweet Home Alabama

    Big wheels keep on turning
    Carry me home to see my kin
    Singing songs about the Southland
    I miss Alabamy once again
    And I think its a sin, yes

    Well I heard mister Young sing about her
    Well, I heard ole Neil put her down
    Well, I hope Neil Young will remember
    A Southern man don't need him around anyhow

    Sweet home Alabama
    Where the skies are so blue
    Sweet Home Alabama
    Lord, I'm coming home to you

    In Birmingham they love the governor
    Now we all did what we could do
    Now Watergate does not bother me
    Does your conscience bother you?
    Tell the truth

    Sweet home Alabama
    Where the skies are so blue
    Sweet Home Alabama
    Lord, I'm coming home to you
    Here I come Alabama

    Now Muscle Shoals has got the Swampers
    And they've been known to pick a song or two
    Lord they get me off so much
    They pick me up when I'm feeling blue
    Now how about you?

    Sweet home Alabama
    Where the skies are so blue
    Sweet Home Alabama
    Lord, I'm coming home to you

    Sweet home Alabama
    Oh sweet home baby
    Where the skies are so blue
    And the governor's true
    Sweet Home Alabama
    Lordy
    Lord, I'm coming home to you

    --
    This is my sig.
    1. Re:George Bush for the head of the EU by Anonymous Coward · · Score: 0

      That is a mighty long "discussion" about your own failure to comprehend the issue.

      Freedom is not a property of the Left or the Right...

      It belongs to all those who are willing to stand up for it, be it by force of arms or otherwise (remember Ghandi?).

      Trying to create a strawman to bolster your own narrow world-view will not convince your intended audience. It's usually facts that are required to do that - and unfortunately, not even that is enough sometimes.

    2. Re:George Bush for the head of the EU by tjstork · · Score: 1

      That is a mighty long "discussion" about your own failure to comprehend the issue.
      blah blah blah blah...


      My post was a joke dude! Obviously, you failed to comprehend that! I would have thought if the very idea of making George Bush the head of the EU didn't give it away, then the idea of everyone in Europe wearing a confederate flag t-shirt, singing Sweet Home Alabama, surely would.

      --
      This is my sig.
    3. Re:George Bush for the head of the EU by Azh+Nazg · · Score: 0

      If Bush is the most pro-freedom leader of any industrialised country today, then something is horrendously, outstandingly screwed up with the whole lot. Bush is no more pro-freedom than a gun held to your head is in your defense. . . If what you say is true, then surely that means that the other nations have rocket launchers or something, instead.

      Frankly, I must disagree with your premise that Bush is in any way supportive of freedom. Moreover, if the rest of the heads of state are in any way similar, armed revolt is the only sensible option left to those who value their inalienable rights.

      --
      Azh nazg durbataluk, azh nazg gimbatul, Azh nazg thrakataluk agh burzum ishi krimpatul! This sig blocked by Slashdot.
  92. Re:Zeitgeist says it is rich people wanting contro by Petrushka · · Score: 1

    And the same reply that you got there deserves to be posted here: how is anyone going to tell that TrueCrypt is being used in the first place? That's why TrueCrypt advertises itself as having two levels of plausible deniability. Maybe you should learn how it works before spreading FUD.

  93. Re:Zeitgeist says it is rich people wanting contro by julesh · · Score: 1

    The gov thug comes and says "Ah you're using Truecrypt, we know about that cool feature they mention in their website, so hand us all keys".

    And if you're stupid you go "Uh I only have one key".

    Then:
    a) If you're not telling the truth, you're in deep shit.
    b) If you're telling the truth, you're in deeper shit, since there's no key #2 to give them.


    (1) both a) and b) are the same amount of shit, whatever happens.
    (2) The law we're discussing here requires the police to show reasonable grounds to believe that you have the second key. I don't see any reasonable grounds here. Truecrypt is just about the most commonly used encrypted disk image system for Windows. Many people use it for only one volume.

  94. Re:Old news; US can do the same thing, but not to by nehumanuscrede · · Score: 1

    The United States doesn't NEED to do this in order to decrypt your data. The UK law is the lazy way
    of going about it. In the US, if you're under investigation and the powers that be believe you
    encrypt your data, you can expect to be the recipient of a key logger in some form or another in the
    near future.

    Your PI to the Nth power key is worth squat once the key logger has done it's job.

    So yes, we might FEEL like our data is safe, but in reality who checks their system and / or hardware
    on a daily basis to look for things the FBI likes to leave behind while you're at work ?

    Just a thought.

  95. Re:Zeitgeist says it is rich people wanting contro by ScrewMaster · · Score: 1

    What it really comes down to is whether you are capable of standing up to a police interrogation.

    --
    The higher the technology, the sharper that two-edged sword.
  96. Re:Zeitgeist says it is rich people wanting contro by blackest_k · · Score: 1

    The only problem with truecrypt is the two encrypted volumes feature is extremely well known and the obvious reason for choosing truecrypt is this feature.

    In other words anyone who knows anything about encryption will expect a second encrypted volume. Especially when the first volume holds nothing incriminating. You can't even realistically act dumb, since you knew enough to install truecrypt in the first place.

    If i really wanted something accessible but secure then it would be easiest hidden in a jpeg in an attachment to an email on a webmail service. or possibly in an iso of a popular torrent.

  97. Really big keys, on paper? by Fzz · · Score: 1
    For symmetric key encryption, why not modify the encryption/decryption software so the first thing it does is do a SHA-256 hash of the key and then uses this internally as the key. The advantage is that the key can now be REALLY big. Say, 50MB of random data, encrypted with another passphrase, and stored on a friends machine offshore out of their jurisdiction.

    You're obliged to hand over the key? No problem, phone your friend, give him the passphrase, and get him to print out the contents, and mail the printout to them.

  98. Lying About Terrorists by Doc+Ruby · · Score: 1

    the law is aimed at catching terrorists, pedophiles, and hardened criminals

    Then why doesn't it say that explicitly in the law? Why not say that these rules can be used only to enforce those specific charges in that group, and not just to spy on the rest of us, who make up 99.99+% of the people?
    --

    --
    make install -not war

  99. Re:Zeitgeist says it is rich people wanting contro by CreatureComfort · · Score: 1


    Your point, is only the point that anyone who has been interested in privacy protection in the last several thousand years has discovered and brought up. It boils down to the fact that if you are using encryption to protect your privacy, and you are one of a very few people doing so, then it is very obvious that you are hiding something. To anyone interested in you, they are naturally going to wonder what you are hiding, and try to force you to reveal it.

    One of the very first PGP How-Tos I ever read mentioned that sending regular emails was like sending all your messages written on postcards, and PGP was like putting it in an envelope. It went on to discuss the hazard of being the only person mailing envelopes, when everyone else was content with postcards, and used that illustration to try to get the reader to get everyone on their address book using PGP for every message.

    Your complaint, and proposed solution, is just that there be ubiquitous encryption so that one person who really wants or needs it doesn't stand out from the crowd by using something that is obviously different from "normal". You, just like the original writer of that long-ago How-To, are completely correct, however, just like him, you are doomed to disappointment. Until you can either get the majority of people to stop using Microsoft OS, or get Microsoft to include secure encryption, with no government back-door, turned on by default, anyone using any form of encryption is going to stand out when investigators come knocking. And yes, you can build your own linux distro with these features, but as you point out, could you even get a significant number of linux users to move to it, let alone the masses of people it would take for it to be consideered 'normal'? Not only that, but even if everyone was using envelopes, they would still know that you used an envelope, and would want the key to open it.

    So, is the solution to just sit back and whine that you can't use encryption, because all the other poopy-heads won't use it, or can you do something else to allow yourself some privacy, and ability to deny wrong doing?

    That is where Truecrypt comes in. Plausible deniability does not mean that they can't tell you are using encryption. No one has come up with a reliable way to do that (steganography) that doesn't still need something at either end to encode and decode that message, and that is a tip off to outsiders. You can hide the encryption in transit, but at the write and read points, you will have to have something to interpret it. Yes, TrueCrypt will be a tip off that you are using encryption, and it may be known for having the ability for hidden volumes. The key is that there is no way to prove there is a hidden volume. No matter what you do, you can't hide that you are using encryption. They can always prove that you are using it, and force you to reveal your key. But they can not prove you have a hidden volume. Thus you have the ability to plausibly deny that there is a hidden volume, and they cannot know if you are lying or not, unlike any attempt to deny using cryptography at all.

    In addition, with the tools TrueCrypt gives you, and some intelligent planning, you can go a long way to increase your deniability. Your encrypted volume can be named anything... say... pagefile.sys on a secondary drive. Yes, someone who is really looking for things, and is good, may check your windows settings to see, if in fact, you have a multigig pagefile setup on that drive, but in itself it would not raise red flags. And you can always claim that you had that pagefile setup in a previous OS installation and it never got removed when you re-installed (I haven't yet found any other common, multigig binary file that would work). Run Truecrypt off a USB drive, or CD labeled as something completely different. Is an investigator going to scan everything on every CD near your computer? NSA probably, but not your local cop shop. The

    --
    "Unheard of means only it's undreamed of yet,
    Impossible means not yet done." ~~ Julia Ecklar
  100. Re:hidden volumes - wrong analogy by Anonymous Coward · · Score: 0

    The law gives unique status to your brain.
    You can harbor thoughts of genocide, mass rape & pillage, terrorism, torture etc.
    Whatever you want and as long as they stay inside your head you won't suffer any consequences.
    Lie detectors exist but they can't be used to directly incriminate in court.
    There is no chance the government of any country are going to extend this privilege to computers.
    It's all potential evidence against you just as diary notes are or even confessions to a closest friend.

  101. stenography by bl8n8r · · Score: 1

    what encryption?

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  102. bayl bhgynjf jvyy unir cevinpl! John P Barlow 1995 by D4C5CE · · Score: 1

    This being /. it's strange not to see anyone posting these famous words recollecting the era...

  103. Why? by Anonymous Coward · · Score: 0

    Do you trust Truecrypt? Is it free of bugs? Is it secure? Does your mp3-player's/browser's record of having accessed files inside hidden volumes reveal the existence of the latter? Ever wondered why the source code is developed by so few developers? It has had and by my estimation almost certainly still has serious vulnerabilities.

    1. Re:Why? by ricree · · Score: 1

      Can you offer a better alternative? Or, for that matter, can you offer any evidence that truecrypt's encryption is flawed? The link you provided gave nothing besides a bug about a privilege escalation, and while it is somewhat serious, it has absolutely no bearing on whether or not a hidden volume is capable of keeping data secure.

  104. Re:Zeitgeist says it is rich people wanting contro by k1e0x · · Score: 1

    Thats true, you are talking about the government. You can hide stuff in plain sight with those morons.

    However truecrypt is good enough, the hidden volume only appears to be random data so I don't think there would be any way to tell.

    Personally if it was me.. I'd just tell them no and go to jail, Didn't Josh Wolfe do that, go to jail for nothing because he wouldn't turn over a video tape, after he got out of jail he put the tape on the web and there was nothing on it. Someone once said you only have the rights you are willing to fight for.

    --
    Bringing liberty to the masses. - http://freetalklive.com/
  105. I had to explain to a 'National' political 'Party' by __aavevi421 · · Score: 1

    When this law came in I had to explain to a representative of a 'British' election candidate for a 'National' political 'Party' who had experience of the UK Police seizing computers with details of local members, funds etc. I explained how online email accounts worked and how to use them to store data, a system I have used for backups of important files since before 9/11 as there is little chance of major online providers losing all their data. Erase data from a HDD? I thought that's what magnets and microwave ovens were invented for!!!

  106. Re:Zeitgeist says it is rich people wanting contro by shellbeach · · Score: 1
    Considering you're replying to an article with the TrueCrypt wikipedia link, it's astonishing that you failed to read this section of the page:

    TrueCrypt volumes, be they stored in a file or a device/partition, intentionally do not contain any discernible "signatures" or unencrypted headers. As cipher algorithms are designed to be indistinguishable from a pseudorandom permutation without knowing the key, the presence of data on the encrypted volume is also undetectable unless there are known weaknesses in the cipher. This means that it is impossible to prove that any file or partition is a TrueCrypt volume (rather than random data) without having the password to mount it. [my emphasis]

    Put simply, if your law enforcement agency can't tell if TrueCrypt's being used, then they have two options: (a) assume that everyone using any form of encryption is using TrueCrypt, and keep everyone in jail until they release two keys for their encrypted volume (which would get extremely messy, since most people probably aren't using TrueCrypt) or (b) let you go.

    So ... is that statement from the wikipedia article wrong, or are you?
  107. Why? by ignavus · · Score: 1

    Why are criminals always "hardened"?

    Why aren't there any "softened" criminals?

    --
    I am anarch of all I survey.
  108. Collateral damage by wikinerd · · Score: 1

    I wonder whether any innocent person is going to be jailed or face other consequences for a forgotten decryption key.

    It is not inconceivable to think that this fictional story may become reality sometime as a result of such a law: Mr X downloads an encryption program from the Net and tries it by encrypting a text file of random data, just for fun and curiosity. After a year he buys a new disk and leaves the old disk, which has the encrypted text file in it, in a small box on the bookcase. He didn't bother deleting anything, and the encrypted text file is still there. Needless to say, he couldn't remember the decryption key even to save his own life. Time passes and after 6 months his house is being investigated as he is suspect for a crime because he was in the wrong place in the wrong time and his beard makes him look like the real criminal. The police gets his PC and finds nothing but the occassional pinup girl photo, holiday videos, and some work spreadsheets. Considering that he has a very long beard and his skin is not as white as the police officer would like it to be, the police searches his house a bit more thouroughly and finally finds that old disk on the bookcase. The police officer managing the investigation says "aha! a hard disk hidden inside a box on the bookcase, cleverly camouflaged as a book! here is what we are looking for, here is my chance for getting a promotion after putting a dangerous criminal in prison!". The police copies the disk and then finds the encrypted text file. It is so small, only a few bytes (actually random keystrokes Mr X typed to test the program), and randomly placed inside a directory full of unrelated non-encrypted personal and work data (that's My Documents), that the police starts to believe that this is some form of steganography or attempt to hide the fact that encrypted data were there. Since the program Mr X downloaded was very good, the police cannot break the encryption so they ask him what the decryption key is. Mr X says he does not remember, and the police officer tells him he has to remember or be jailed for obstruction of justice. As Mr X has no idea what he typed one and a half year ago during testing an encryption program, he is thrown in a prison cell for "refusing" to hand over the key. A combination of factors, being in the wrong place at the wrong time, having a beard and not so white skin, and possessing an encrypted file without handing over the key resulted in the conviction of an innocent person who if remained free would be a useful professional in society. All that is fictional, of course, but I am afraid that sometime innocent people will face consequences for not remembering decryption keys.

    And I can think of other stories as well... Mr Y is being given a hard disk as a gift from his sweetheart, and the disk contains an encrypted file. Mr Y never bothers to delete it and he does not even know it is encrypted or what it is, and when his PC is being investigated by the police on suspicion of a crime, he is requested to hand over the decryption key of a file he does not know what it is and had no idea was encrypted. Likewise this is a fictional story as well, but what if it becomes reality?

    A law like this effectivelly forces people to remember decryption keys, assuming that everyone who is in possession of encrypted data knows how to decrypt them.

    How many innocents will have to be destroyed before we catch the real terrorists? Shoudln't lawmakers take the potential toll on innocents into account before signing a new law?

    I don't know about you, but for me even one innocent person being charged means that a law has to be made more specific, or its application by a court was not made correctly. Having the power to put people in prison (which is a form of violence) must come with a great sense of responsibility and willingness to avoid damaging any innocent people.

  109. Re:Old news; US can do the same thing, but not to by bbtom · · Score: 1

    I've thought about this a lot recently, and am now periodically running MD5 hashes across all the executables on my machine and storing the results on a USB stick. Every week, just check to make sure nothing has changed (except where there are valid cases - e.g. I've installed a software update or a new application).

    As for hardware? Get a laptop and don't let it out of your sight. Figure out how to do a temporary password suspend*. Call me paranoid, but if I need to go to the toilet, I lock my machine. If I go for a drink, I lock my machine. Paranoia in security is just another name for good practice.

    * if you are an OS X user, execute "/System/Library/CoreServices/Menu Extras/User.menu/Contents/Resources/CGSession -suspend" whenever you leave your machine - stick it in an AppleScript, call it Lock and then make it executable from QuickSilver and you are only a key press or two away. You can also add a few other conveniences to the AppleScript - tell iTunes to pause, lock your keychains and tell Adium or iChat to set an away message etc. If you carry a mobile phone on your person, you can also set it up with one of the Bluetooth presence utilities to run the Lock script whenever you go out of range of your machine.

    --
    catch (HumourFailureException e) { e.user.send("You, sir, are a humourless idiot."); }
  110. Oh the irony... and 2 years after my original by hacker · · Score: 1
    I wrote about this 2 years ago. Oh the irony...

    Another in a series of my Dragons posts, this time about more invasion of my rights. This Guardian Unlimited article talks about the police wanting to make it illegal to withold encryption keys when asked for them.

    They also want to make it a criminal offence for suspects to refuse to cooperate in giving the police full access to computer files by refusing to disclose their encryption keys.

    Let me just publically reply to that with one word: NO .

    My encryption keys are put there to keep YOU out, permanently. If you do not have the right to see the information, data or other bits encrypted by my (exceptionally-strong) keys, you simply wont get access to it.

    Threaten me with jail, throw me in jail, do what you think will work to get me to turn over my keys it will not work. I would rather spend a lifetime in jail protecting my data, than give you the irrevokable right to invade my privacy and freedoms and the freedoms of others who would come after me.

    The persuit of freedom and upholding those freedoms is worth more than my life or the lives of any of my friends or family. They dont have my keys and torturing them will not get me to give them up. I have an incredible tolerance to pain, some would say inhuman in some cases (Ive had doctors tell me this several times, as I underwent E.R. procedures without any numbing agent).

    Shipping me off to some other country that allows torture to try to extract my encryption keys will result in one of two things:

    1. A frustrated torturer, who is unable to extract my keys
    2. A dead suspect, after enduring hundreds of different torture methods, unsuccessfully

    Either way, you dont get my keys, or my data, or anything I dont elect to give you. Pain, medications, whatever you think will work, will not. My willpower and tolerance is stronger than anything you have.

    Let me reiterate, you will not get my encryption keys, under pain of threat, physical pain, medication or otherwise. Either I will be dead, or you will give up. Either way, you have nothing.

    Are we clear? Good.

  111. Use a file key on a mini-disk by Dog135 · · Score: 1

    Want to prove you no longer have the key? Carry around a mini disk with a large, randomized file on it. When the police come to take your computer, pull out the disk and snap it in half before they can ask for it.

    "Yeah, I had the key, it's right there. Take it if you want."

    You could also setup the disk in a way that if removed from a device you made, the recoded side gets scratched beyond repair. Such as a slotted box with razors inside. If the disk is removed, the razors scratch the recorded side. You didn't damage it, and you would have told them how to remove if they had asked for it.

    All this hurts is those of us that just want to keep our personal nude photos of our wife or girlfriend private. If you committed a crime, it's easier to do the time for not cooperating.

    --
    "That's so plausible, I can't believe it!" - Leela
    1. Re:Use a file key on a mini-disk by slash.dt · · Score: 2, Insightful
      When the police come to take your computer, pull out the disk and snap it in half before they can ask for it.

      Come on, this is rediculous. First off, if they wanted to, data recovery services would be able to get the key back from the disk.

      Secondly, by doing this you are moving from unable to comply to actively impeding the police in their duties. Your punishment just got upgraded.

      Just say you can't recall/find the key.

  112. Intent my @ss by photomonkey · · Score: 1

    The Home Office has steadfastly proclaimed that the law is aimed at catching terrorists, pedophiles, and hardened criminals...

    Isn't that always the published 'intent' of these kinds of laws? Unfortunately, it's the capricious application of the law to other parties that really makes it bad.

    So basically, now Britain is more of a police state, and the US is a police state, China is a police state, Mexico is a police state, France is a police state, Russia is a police state.

    You say you want a revolution?

    Might be time to start dumping tea into the proverbial harbor all over the world.

    --
    Message contains 1 attachment: spam.gif
  113. Re:Zeitgeist says it is rich people wanting contro by TheLink · · Score: 1

    The statement from wikipedia is irrelevant to the "plausible deniability" problem.

    The last I checked:
    1) Truecrypt is not a default install on any popular operating system
    2) The container requires Truecrypt software to work.

    And so if in UK (or other countries with similar laws, like mine) they ever find truecrypt software in your possession, you'll be in for a very long interrogation. If you can hide the truecrypt software so well that nobody else can find it, then your need for truecrypt is quite low isn't it?

    Whereas as I mentioned before, what I call plausible deniability is if a popular operating system by _default_ includes a big random file (or two) and crypto tools that might or might not decrypt it.

    1) I didn't put the big random file there (the distro did)
    2) I didn't put the tools there (the distro did)
    3) Crypto keys? Whazzat? You mean these? (Holds up physical keychain)
    4) "Move along now"

    Another thing: you have to be very careful about backups if you do use encryption and you do update the encrypted stuff once in a while. If people have access to the backed up container file even if it's encrypted they could compare them and if they find differences you have a problem.

    Lastly, as far as I can tell, I don't use any crypto stuff, so don't take my advice on it.

    --
  114. There's ways around it by dermoth666 · · Score: 1

    There are ways around it, using Truecrypt for example.

    http://www.truecrypt.org/

    You can have a hidden encrypted volume inside another volume. Without the key to the hidden volume there's absolutely no way to detect it (that volume can even be destroyed when using the first volume without providing the keys to the hidden one). If the authorities ask for your keys you give only those for the first volume and they'll never know there's another.

    That doesn't help much for things like encrypted emails unless you manage to make one-time keys and shred the private key after saving the decrypted version to a hidden volume.

    I just hope they won't make illegal the act of shredding a private key...

  115. Layered encryption? by bytesmythe · · Score: 1

    I wonder if there is a way to encrypt two pieces of data to the same location, but using different passphrases. I tried googling, but I wasn't sure what terms to search for. So far, all my results have been about re-encrypting the encrypted data, not adding new encrypted data over the existing data.

    For example, let's say I have two files, SUPERSECRET and PSEUDOSECRET. The first one is the one I want to protect, and the second is just a dummy file that I might reasonably want to protect, but is actually a diversion. Perhaps SUPERSECRET is something a government might want to oppress me for, and PSEUDOSECRET is my tax information that I wouldn't want casual snoopers to find.

    Is there a way to encrypt SUPERSECRET and PSEUDOSECRET to the same physical disk space (not separate space like TrueCrypt hidden volumes), but use different passwords? That way if some "adversary" (as the TrueCrypt docs refer to it) comes after me for the key, I give them PSEUDOKEY, which will only show them my tax info, while SUPERSECRET stays safe.

    It would be interesting to be able to layer as much data as desired over the space. It would be the encryption equivalent of storing information in a holographic crystal and pulling out what I want by aiming the laser at the proper angle.

    --
    bytesmythe
    Hypocrisy is the resin that holds the plywood of society together.
    -- Scott Meyer
    1. Re:Layered encryption? by GnuDiff · · Score: 1

      Hmm? How exactly is Truecrypt worse for what you describe? As I understand, the hidden volume occupies the same logical volume space in the file, and since the data there is encrypted, it should be indistinguishible from kinda random data the empty volume is filled with initially?

    2. Re:Layered encryption? by SuiteSisterMary · · Score: 1

      You're looking for 'rubber hose cryptography,' more politely known as 'deniable encryption.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  116. Re:bayl bhgynjf jvyy unir cevinpl! John P Barlow 1 by darkpixel2k · · Score: 1

    I'm too lazy to look up the source, but the appropriate quote goes something along the lines of "Do what you will, lock him up, torture him, but a man's thoughts are his own until he chooses to reveal them."

    --
    There's no place like ::1 (I've completed my transition to IPv6)
  117. Re:Zeitgeist says it is rich people wanting contro by shellbeach · · Score: 1

    The last I checked:
    1) Truecrypt is not a default install on any popular operating system
    2) The container requires Truecrypt software to work.

    And so if in UK (or other countries with similar laws, like mine) they ever find truecrypt software in your possession, you'll be in for a very long interrogation. If you can hide the truecrypt software so well that nobody else can find it, then your need for truecrypt is quite low isn't it? Well, I'm not an expert in this myself, but as I understand it, the ability to have a hidden volume within the encrypted volume is not the primary purpose of truecrypt, which aims to provide a real-time encrypted filesystem. Say, for example, I have /home, /usr/local and /opt on different partitions, and all are encrypted with truecrypt. I might simply value the real-time encryption offered by the software and not have a hidden volume on any partition. Or I might have a hidden volume on one, two or all three volumes - I could have one or two "dummy" hidden volumes, and one intentionally hidden volume.

    The thing is, nobody is going to be able to tell ... they simply have to take your word for it. Otherwise you've got a police-state situation where people are permanently incarcerated merely on the suspicion of having material that they're not revealing ... and if that becomes reality then the use of truecrypt will be the least of your worries!

    That said, the truecrypt website also explains the completely undetectable use of truecrypt via a bootable cdrom ... and if you really wanted to hide stuff, I suspect you'd take that route instead of just keeping the software lying around.
  118. Contradiction by durin · · Score: 1

    As a developer for a few large corps, I sign a lot of NDAs. Since these NDAs (and the code of conduct within my won company) requires me to encrypt all data traffic (email, FTP, p2p, what have you) between myself and our customers, this provides a contradiction for me. On one hand, I could be branded a terrorist for not allowing the government access to my encryption keys. On the other hand, I could be fired and prosecuted for breach of contract by my company (or our customers) if I do.

    --
    Why, yes! I AM new here.
    1. Re:Contradiction by GnuDiff · · Score: 1

      Law > contract.

  119. Re:Zeitgeist says it is rich people wanting contro by TheLink · · Score: 1

    " Otherwise you've got a police-state situation where people are permanently incarcerated merely on the suspicion of having material that they're not revealing ... and if that becomes reality then the use of truecrypt will be the least of your worries"

    They don't have to suspect everyone, they only have to suspect the _very_few_ who have truecrypt.

    We're all within 48 hours from Guantanamo Bay. The USA/CIA has kidnapped people in other countries (e.g. Italy) officially without the consent of those countries.

    I may be wrong but Truecrypt only supports 2 such volumes per volume. So they'll just ask you for both keys for every volume.

    "completely undetectable use of truecrypt via a bootable cdrom"

    If you can hide that cdrom so well, you might as well put the data on the cdrom (or USB drive) and hide it. If you do it well enough, even if they find it they may be interrogating someone else instead ;).

    --
  120. Re:You're missing the point. by CmdrGravy · · Score: 1

    Well quite possibly but since I can see what stuff my MP is voting for I can confirm that she was on the side of the righteous.

  121. In the same vein by Anonymous Coward · · Score: 0

    the DMCA was about protecting copyrighted works in the digital domain. Not to ensure that someone cannot make a universal garage opener.

    It still got pulled in for that duty...

  122. What we need to overcome this by Frodrick · · Score: 1

    To neutralise this invasion of privacy, we need someone to write an encryption program that will place two or more different files (or messages) in a single encrypted document - with two different passwords. Enter one password, the first file comes out; Enter the other password, the second file is returned. But at no time should the decryption program reveal just how many files are encrypted.

    To preserve plausible deniability, if one only stores one file in the encrypted file then the program should encrypt random characters of a similar length to the file with a very long, random password. (or some similar means of obfuscation).

    1. Re:What we need to overcome this by SuiteSisterMary · · Score: 1

      FYI, this already exists. Try a google search for 'rubber hose cryptography,' or the more polite term, 'deniable encryption.'

      And as an aside, contemplate the fact that there is the counterpart, 'rubber hose cryptanalysis.'

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  123. Re:Zeitgeist says it is rich people wanting contro by shellbeach · · Score: 1

    They don't have to suspect everyone, they only have to suspect the _very_few_ who have truecrypt.

    We're all within 48 hours from Guantanamo Bay. The USA/CIA has kidnapped people in other countries (e.g. Italy) officially without the consent of those countries. And Guantanamo, as my orange protest badge says, is state terrorism. But at least we hope that the countries we live in aren't like that ... and if they are, well, you're screwed if you use any form of encryption or do anything even a little out of the ordinary. When your legal rights are forcibly removed, there's nothing you can do ... but if they haven't been, then using truecrypt and handing over only one key should not be seen as an admission of guilt.

    I may be wrong but Truecrypt only supports 2 such volumes per volume. So they'll just ask you for both keys for every volume. No, my point was that truecrypt also supports an encrypted volume without a hidden volume inside it. How do they know you've got a hidden volume just because you're using truecrypt? You might simply be using it because it provides transparent real-time encryption and is OSS. And you might have three separate encrypted volumes, but say that only one of those has a hidden volume, to which you reveal the keys. How do they know if you're telling the truth? Put simply, they can't.

    If you can hide that cdrom so well, you might as well put the data on the cdrom (or USB drive) and hide it. If you do it well enough, even if they find it they may be interrogating someone else instead ;). Oh, indeed :) And that's the ultimate point, isn't it? The ones who are really trying to hide something won't get caught, but in order to demonstrate that "something is being done", ordinary, innocent citizens will get falsely imprisoned through stupid laws like this.

  124. Re:Zeitgeist says it is rich people wanting contro by Anonymous Coward · · Score: 0

    One additional thing you could do is actually use encryption openly for everyday use so you appear just generally paranoid. Keep your tin-foil hat close by your PC.
    Then you don't have to explain the presence of encryption software on your machine, and it doesn't look like you have anything nasty to hide. Salt your hard drive with a series of test volumes, some of which you've forgotten the passwords/deleted the keys to...