Slashdot Mirror


UK Court Rejects Encryption Key Disclosure Defense

truthsearch writes "Defendants can't deny police an encryption key because of fears the data it unlocks will incriminate them, a British appeals court has ruled. The case marked an interesting challenge to the UK's Regulation of Investigatory Powers Act (RIPA), which in part compels someone served under the act to divulge an encryption key used to scramble data on a PC's hard drive. The appeals court heard a case in which two suspects refused to give up encryption keys, arguing that disclosure was incompatible with the privilege against self incrimination. In its ruling, the appeals court said an encryption key is no different than a physical key and exists separately from a person's will."

708 comments

  1. First of many, methinks by citizen_senior · · Score: 2, Funny

    Hey ho

    1. Re:First of many, methinks by NoobixCube · · Score: 0, Offtopic

      What's wrong with this post? It's not that bad. Not like the usual first post trolling, actually refers to the article in some way, and is a pun on first post! Some mods are probably just modding first post down as a matter of habit by now.

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    2. Re:First of many, methinks by thompson.ash · · Score: 0, Offtopic

      Yup.
      Some mods are getting a little happy with the -1's methinks.

      Personal experience here: I see no problem with slamming someone that is blatantly trying to troll as that kind of behaviour has no place here but then I get modded down as a troll. What's the deal?

      If someone is being blatanly racist and off-topic I find it offensive that it gets modded "Insightful"

      Its this kind of behaviour that makes people stop paying attention to the karma.

      I'll probably get slammed for this but in my opinion anyone that can mod http://slashdot.org/comments.pl?sid=994523&cid=25366727 as Insightful isn't worth shit.

      Thankfully it's been changed by someone with an ounce of moral fibre but it deeply disturbs me that there are people with this mentality.

      --
      I didn't say it was your fault, I said I was going blame you for it!
    3. Re:First of many, methinks by jacquesm · · Score: 1

      seconded.

      Really that piece of tripe is one reason why I think /. may have to rethink the 'we don't edit the discussion' rule. Enough stuff like that and people will just leave.

    4. Re:First of many, methinks by Anonymous Coward · · Score: 0

      >Enough stuff like that and people will just leave.

      Please, lead the exodus?

    5. Re:First of many, methinks by thompson.ash · · Score: 0, Flamebait

      Of course I'm a pompous ass - I'm British.

      You're quick enough to jump up and tell me I'm in the wrong Anonymous Coward ...

      Who the fuck are you to decide what behavior is acceptable on Slashdot?

      and then go and do the exact same thing telling me where to get off...

      Also anyone is entitled to decide "what behaviour is acceptable on slashdot". That's what modpoints are for.

      Of course, I say anyone. I mean anyone that hasn't been modded down by a racist cunt like yourself Anonymous Coward .

      Thank you for your constructive criticism Anonymous Coward.

      Oh and for the record racism has no place anywhere.

      This is, of course, purely my opinion which seems to have no place here among the "intellectual" community.

      --
      I didn't say it was your fault, I said I was going blame you for it!
  2. Fuck the British equivalent of Homeland security by Anonymous Coward · · Score: 0, Flamebait

    You guys point at us and laugh? Wait'll you see what your gov't is aiming for in the same country where 1984 was written.

  3. I wish the US Supreme Court was that smart. by Tyrannicalposter · · Score: 3, Insightful

    I wish the US Supreme Court was that smart.

    Protection from self incrimination was to prevent confesions under duress or torture.

    I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

    Oh noes! You police can't come into my meth lab. Me letting you in would be self incrimination!

    1. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 5, Insightful

      How is locking somebody up for a full year in a prison cell because they do not give up the encryption key, claiming they don't know it, other than torture?

      In short, how is it different?

    2. Re:I wish the US Supreme Court was that smart. by ShakaUVM · · Score: 5, Insightful

      The US has already ruled you can't be forced to give out an encryption key.

      It's nice having a Bill of Rights, ain't it?

      Laugh at all the British who say such a thing is unnecessary.

    3. Re:I wish the US Supreme Court was that smart. by Koim-Do · · Score: 5, Insightful

      A warranted police search of your meth lab does not require any consent on your side - that's what the warrant is for. they will just break down the door and go on with the search.

      same with the safe in your lab: you can either give the police the code for your safe, or refuse and watch them breaking it.

      Why is your encryption key any different from the safe/door you have?

    4. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 5, Insightful

      *cough*Gitmo*cough*

    5. Re:I wish the US Supreme Court was that smart. by bluephone · · Score: 1

      Well, it's also different because with a warrant they can gain access to your house and safe and such without your cooperation, worst case they call a locksmith and open the safe without your help. But an encryption key can be considered testimony, since it's something you know as opposed to a physical object. Further, theoretically they can brute force your encryption if it's important enough.

      --
      jX [ Make everything as simple as possible, but no simpler. - Einstein ]
    6. Re:I wish the US Supreme Court was that smart. by me+at+werk · · Score: 4, Interesting

      What about when there's no key to hand over?

      --
      For context, click Parent.
    7. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 1, Interesting

      Because you can't be tortured into making up shit that would incriminate you. The key provides the same set of evidence, regardless of your state of mind.

      It's that simple.

    8. Re:I wish the US Supreme Court was that smart. by Kokuyo · · Score: 5, Insightful

      Yeah, we'll laugh at them as soon as we're through laughing at the US for letting their bill of rights be trampled in the name of security.

      Freedom must not only be won, it must be protected. Fail to do so and what's coming to you is solely your own fault.

    9. Re:I wish the US Supreme Court was that smart. by DrVxD · · Score: 2, Insightful

      You think nobody's ever confessed to something they didn't do under torture?
      I'd say a false confession qualifies as "making up sh*t"

      --
      Not everything that can be measured matters; Not everything that matters can be measured.
    10. Re:I wish the US Supreme Court was that smart. by DrVxD · · Score: 5, Funny

      > Why is your encryption key any different from the safe/door you have?
      It isn't. I'll just stand back and watch them break my 256-bit AES...

      --
      Not everything that can be measured matters; Not everything that matters can be measured.
    11. Re:I wish the US Supreme Court was that smart. by Rakishi · · Score: 1

      No problem then, the police can't prove that someone remembers the encryption key thus by your own argument this law is BS. Or do you in fact mean to assume that no one ever forgets a password?

      In other words are you actually saying you think it's right to send someone to jail because they honestly forgot the key to some 5 year old encrypted volume they don't even remember exists?

    12. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Your looking for the simple answer of... The quality of my memory is inversely proportional to my stress level. I can tell you it has a "1" in it.. or was that an "I" or maybe it was a "l" .. where was I, oh yeah it was a "7", no wait it was a "1".

      I think the judge is wrong. Your encryption key is not a key like a house key. Its information and not physical. You dont have to self incriminate yourself by telling which lake you dropped the gun in and you shouldnt have to incriminate your self this way either.

      Besides, if the investigation is carried out correctly, your key and enough evidence to convict you has been gathered already and you dont need to give them the key. If they need the key its because the botched their job. Take this from a guy with an MSc in Computer forensics. The need to force people to give up keys is more indicative of poor investigatory standards and practices than it is a willingness to infringe on basic rights.

      If you really want to have a laugh tie your encryption into hardware,software and correct shutdown details on your machine so the decryption only works on your own machine in normal circumstances. Standard operating procedures call for a "pull the plug" approach to evidence seizure and evidence is never examined in its original form. It is copied and analysed on another machine.

    13. Re:I wish the US Supreme Court was that smart. by Richard_at_work · · Score: 1

      Well, for a start, its not torture, its incarceration - if you can't tell the difference between intentional acts of pain or suffering and simple denial of liberty, then you can't take part in this discussion.

    14. Re:I wish the US Supreme Court was that smart. by Tyrannicalposter · · Score: 3, Interesting

      So, by YOUR theory, subpoenas would be completely unenforcable.

      A subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.
      Sorry Judge, I forgot.

      A subpoena duces tecum orders a person to bring physical evidence before the ordering authority or face punishment.
      Sorry, Judge, I lost it.

      Unless you're just stupid and say "No" instead of "I forgot"

    15. Re:I wish the US Supreme Court was that smart. by bigmouth_strikes · · Score: 2, Interesting

      No, that argument doesn't fly.

      The physical lock might as well be a combination lock, and thus the combination would consist of "knowledge" just the same as for an encryption key. It is perfectly legal for the police to require you to divulge the combination to your locker.

      "Something you know" isn't what counts when it comes to protecting you from self incrimination; it is whether the "something you know" is incriminating you. And unless your combination isn't a crime in itself, you wouldn't directly incriminate yourself by divulging it, which is what the self incrimination protection is about.

      --
      Oh, I can't help quoting you because everything that you said rings true
    16. Re:I wish the US Supreme Court was that smart. by HungryHobo · · Score: 5, Interesting

      It gets worse.
      Theory: with a good encryption program any encrypted data should look random.
      That truecrypt volume should be impossible to tell from a file I've created with
      cat /dev/urandom > file

      So you could type that very command and 5 years later they ask for your encryption key...
      Key?
      To jail with you!

      same goes for any random/semirandom data you have which has so mime type.

      Now I'm willing to bet there are programs which can take a photo album and hide an encrypted volume in the least significant bit of the pixels, how would law enforcement deal with that?

      "GIVE US THE KEY!"
      "but but but... what do you want the key to..."

      Long story short, if you live in the UK and own an electronic data storage device you can now be thrown in jail for no reason at all.

    17. Re:I wish the US Supreme Court was that smart. by HungryHobo · · Score: 2, Informative

      I hadn't noticed this in the artical when I made the last post but

      "The woman, who claims to have not used encryption"

    18. Re:I wish the US Supreme Court was that smart. by Rakishi · · Score: 1

      It is perfectly legal for the police to require you to divulge the combination to your locker.

      Not true in the US from what I can tell. They can force you to hand over a physical key but not a combination.

    19. Re:I wish the US Supreme Court was that smart. by ObsessiveMathsFreak · · Score: 1

      It doesn't leave any visible marks of course!

      --
      May the Maths Be with you!
    20. Re:I wish the US Supreme Court was that smart. by Devalia · · Score: 5, Funny

      Can I interpret that as being a valid defense if my encryption keys are all derived from 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0..

    21. Re:I wish the US Supreme Court was that smart. by thetoadwarrior · · Score: 2, Insightful

      Shame most Americans are ok with their government crapping all over the Bill of Rights and they're left with less rights than they started out with.

    22. Re:I wish the US Supreme Court was that smart. by radio4fan · · Score: 5, Insightful

      It's nice having a Bill of Rights, ain't it?

      Laugh at all the British who say such a thing is unnecessary.

      Who are all these British who say such a thing?

      Britain has got a 'Bill of Rights': the Human Rights Act, which guarantees free speech, right to a fair trial (including the right not to incriminate oneself), etc, etc. This act formally enshrines rights that we've had under common law for centuries (eg, Habeas Corpus).

      The fact that this court (not the highest in the land, mind) has chosen to interpret an encryption key as not covered under the right not to self-incriminate does not alter the fact that we also have constitutional rights.

      So laugh away at your mythical British who say they don't need anything like the Bill of Rights.

      Disclaimer: I think Britain is royally fucked anyway.

    23. Re:I wish the US Supreme Court was that smart. by CountBrass · · Score: 2, Interesting

      That's been true for a few years now under "New Labour".

      1. "New Labour" made it possible for Police to search your house, without a warrant, if you are arrested.
      2. They also made every criminal offence, including littering, an arrestable offence.
      => Police can make a warrantless search of your house if you litter.

      "New" Labour, Old Communist party.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    24. Re:I wish the US Supreme Court was that smart. by scientus · · Score: 1, Interesting

      Them claiming that hey dont need it is exactally why it becomes nothing and the court can step all over it like in this instance. The Russian constitution has similar rights, yet they are not observed. So does the EU's treaties and charters have enless rights and virtues it enshrines, it doesnt mean they are defended and held up. One of the things that upholds the US constitution is its terseness, saneness, and closeness to the chartering of the national government itsself, although certainly its constant defence is the most critical.

      If the british in this thread and in general dont respond to such a claim then is it any differnt than them not having a Bill of Rights in the first place?

    25. Re:I wish the US Supreme Court was that smart. by Mawbid · · Score: 5, Insightful
      I think what the AC is getting at is that if you torture an innocent man and he makes a false confession to make the pain stop, you're done. You throw the guy in jail. If the guy gives up a false passphrase, you're back to square one.

      This is a genuine distinction between passphrases and other information they might want you to reveal.

      This is not a distinction that should ever come into play however. Punishing a person for not doing something that might be completely impossible for them to do is wrong.

      --
      Fuck the system? Nah, you might catch something.
    26. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 1, Insightful

      *cough* not citizens *cough*

    27. Re:I wish the US Supreme Court was that smart. by NoobixCube · · Score: 5, Interesting

      My thoughts exactly. People seem to get all pissy when I say something like "if you don't have the balls to protect your freedoms, you don't deserve them". I'm not a regular protester at any events or anything like that, but I'd rather be shot for defending my freedom than live to see it gone. Not that I believe privacy exists anymore. The whole world was too slow to act in learning about and defending their privacy in a new technological age. Sure, there were a few technologically aware people with a small voice that was easy to push aside. Too late, privacy's gone. Only way to get it back is to lay your own global network in secret and hope the governments of the world never hear about it.

      --
      Admit it. You post strawman arguments as AC so you get modded Insightful for refuting them, rather than Troll
    28. Re:I wish the US Supreme Court was that smart. by Mawbid · · Score: 3, Insightful

      "Something you know" isn't what counts when it comes to protecting you from self incrimination; it is whether the "something you know" is incriminating you.

      This leads to an interesting idea. Claim that you passphrase is a confession. If you plan ahead, you can even make that claim true. Encrypt your plan to assassinate the president with "I plan to assassinate the president OV:}A7MC".

      --
      Fuck the system? Nah, you might catch something.
    29. Re:I wish the US Supreme Court was that smart. by ArtemaOne · · Score: 1

      Gitmo? That's not in the USA!

    30. Re:I wish the US Supreme Court was that smart. by mbone · · Score: 5, Insightful

      I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

      It is much more like refusing to tell the police where in your house the contraband is hidden, or if there is contraband at all, and being put in jail because of your refusal.

    31. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 5, Insightful

      I gotta disagree there. In the article it states:

      >>>In its ruling, the appeals court said an encryption key is no different than a physical key and exists separately from a person's will.

      If a presumed-innocent person drops an actual key into a hole-in-the-ground, and refuses to divulge its location, the police can't incarcerate him simply because he refuses to say where it's located. That's loss of liberty without due process. They have to let him go.

      And they can't use torture to try to force the hidden location out of him either. The man might be completely innocent and have no clue where a key exists, and therefore unable to reveal the location, even under threat of one year imprisonment.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    32. Re:I wish the US Supreme Court was that smart. by charlie763 · · Score: 1

      Because in your world its okay for the government to own the contents of your brain.

      --
      Welcome to the land of the free...pay toll ahead...no photography...please open your bag...
    33. Re:I wish the US Supreme Court was that smart. by calmofthestorm · · Score: 1

      They can come in, they just have to get in without my help.

      Rainbow table away.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    34. Re:I wish the US Supreme Court was that smart. by calmofthestorm · · Score: 1

      The UK is about 6-12mo ahead of the US on the facism curve.

      --
      93rd rule of Slashdot: No matter how obvious my sarcasm is, my comment will be taken seriously by someone.
    35. Re:I wish the US Supreme Court was that smart. by bestalexguy · · Score: 5, Insightful

      Sorry Judge, I forgot

      You seem to grossly miss a point: a password might easily be really forgotten. Ever happened to you?
      How would you, as a lawmaker, fairly address this situation?
      Put everyone in jail, just to be sure to catch the deceitful villain, too?

    36. Re:I wish the US Supreme Court was that smart. by logicnazi · · Score: 3, Insightful

      You can be forced to testify to things that indicate you committed a crime, you just can't be made to incriminate yourself.

      The difference is subtle but one part of it is that a judge can give you immunity for your testimony, e.g., tell us X and we promise not to use it to prosecute you, and then you can no longer refuse on 5th ammendment grounds since it would no longer incriminate you.

      Thus while this is a neat idea it wouldn't work. The prosecution would just offer you immunity for the contents of your passphrase but not the data it unlocks. Well in the US, but in the US you might not have to reveal the passphrase anyway.

      --

      If you liked this thought maybe you would find my blog nice too:

    37. Re:I wish the US Supreme Court was that smart. by HungryHobo · · Score: 5, Insightful

      Exactly.
      It's just a power grab.

      1:Encrypted data can be hidden within random data.
      2:Encrypted data can be hidden within normal data such as the least significant bit of your family photos.
      3:Encrypted data can be hidden on a seemingly "empty" drive.
      4:It is impossible to prove with certainty any of the above situations as opposed to 1:the data actually being random, 2:there being no data hidden within the normal data, 3: a drive really bing empty.
      5:If the police think you have encrypted data you must give up the key or go to jail.

      Result:If you live in the UK and own any form of electronic storage you can be jailed at at time.

    38. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 1, Informative

      Britain has got a 'Bill of Rights':

      it's called the 'Bill of Rights' and is the first to have had that name - predating the US Bill of Rights by a hundred years.

      The problem is not that we don't have a bill of right but that successive governments have passed laws that have slowly eroded it.

    39. Re:I wish the US Supreme Court was that smart. by radio4fan · · Score: 4, Informative

      Them claiming that hey dont need it is exactally why it becomes nothing and the court can step all over it like in this instance.

      Where are these British people who claim they don't need a Bill of Rights?

      In my experience, British people fall into one of three camps:

      • Have never heard of the Bill of Rights/US constitution
      • Have heard of it and think 'we need a written constitution too'
      • Are aware that we have a written constitution

      I have never heard a British person claim they don't need a Bill of Rights. I lived in Britain for 37 years.

      One of the things that upholds the US constitution is its terseness, saneness, and closeness to the chartering of the national government itsself, although certainly its constant defence is the most critical.

      [my italics]

      I absolutely agree, and despair at the lack of outrage in Britain. If you could compare the justified anger on the Brits behalf here on Slashdot with the deafening silence in Britain you would be amazed.

      If the british in this thread and in general dont respond to such a claim then is it any differnt than them not having a Bill of Rights in the first place?

      I responded. I think that is one more person than has claimed that Britain doesn't need a Bill of Rights.

    40. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

      Cops don't need your permission if they have a search warrant.

    41. Re:I wish the US Supreme Court was that smart. by thompson.ash · · Score: 1

      Disclaimer: I think Britain is royally fucked anyway.

      I'm inclined to agree on that front.
      What with our so-called credit crunch at the moment the government is pouring how much money into contravention of privacy rights rather than digging us out of this huge economic crash?

      Taxes are going to go through the roof due to the bail-out and nationalisation schemes coupled with the Icelandic crash. They seem to have a lot of money they don't know what to do with.

      How about instead of spying on your own people you dig us out of this downward economic spiral?

      Oh yeah. Sorry. I forgot logic and politics aren't compatible.

      They keep going like this and they'll go the way of the Sirius Cybernetic Corporation and be the first against the wall when the revolution comes!

      --
      I didn't say it was your fault, I said I was going blame you for it!
    42. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 1, Interesting

      It's nice having a Bill of Rights, ain't it?

      Laugh at all the British who say such a thing is unnecessary.

      Laugh at the Americans who are so ignorant of their own history to think the British don't have one. Hint: the eighth amendment is copied verbatim.

    43. Re:I wish the US Supreme Court was that smart. by GauteL · · Score: 4, Insightful

      "New" Labour, Old Communist party

      Yes, keep on using this term "communist" willy nilly. It lets you tar any lefties at the same time as you tar the repressive policies of Labour. New labour are in social and economic policies a centrist-right party, very far from "socialist" or "communist".

      Their policies on detention, warrantless searches, etc. are, however, quite repressive.

      Since they protect the status quo and the interest of the wealthy, they are far more facist than communist.

    44. Re:I wish the US Supreme Court was that smart. by Stooshie · · Score: 4, Insightful

      ... immunity for the contents of your passphrase but not the data it unlocks ...

      Unless the passphrase is the incriminating data.

      --
      America, Home of the Brave. ... .and the Squaw.
    45. Re:I wish the US Supreme Court was that smart. by Eivind · · Score: 5, Insightful

      It is not different. If they have a warrant, they are free to forcefully break down the encryption, just like they are free to forcefully break down the door to your house.

    46. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 2, Funny

      Well if I lived in the UK, and they demanded access to my encrypted data, rather than surrender the key I'd just use my gun to protect myself from arrest.

      Oh wait. They took our guns too.

      Looks like I'll be spending the next year in jail.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    47. Re:I wish the US Supreme Court was that smart. by Eivind · · Score: 1

      So, you say you don't know the passphrase and/or there is none. (i.e. that file is random noise)

      What do they do; put you in prison for refusing to state a passphrase which it is perfectly possible you ACTUALLY don't know ?

      If they have a warrant to search your car, and you claim not to have the key, they'll force the door, but I don't think they'll punish you for refusal to give up the key, unless they can PROVE that you lied.

    48. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 1, Insightful

      A subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.

      ... unless such testimony would incriminate them.

    49. Re:I wish the US Supreme Court was that smart. by scientus · · Score: 1

      I praise that you have defended it so well and my statement of Briton stating they dont need it is unfounded. Someone like you is certainly ready to defend their rights.

      However, i am frightened when i read articles where the government (at least by the american bill of rights standards) seems to be overstepping, or at least trying to overstep (in the us, while controversial, police often get away with saying anything to try to make arrests.) the peoples rights such as thesse:

      http://www.theregister.co.uk/2007/11/14/ripa_encryption_key_notice/

      http://www.indymedia.org.uk/en/2007/11/385589.html?c=on#c184457

      Where is the outrage? Those posting don't seem to understand the implications of requiring citizens to furnish, by law, that which could lead to their arrest. (If the prosecution/government didnt believe it would why would they be asking for it?) In my book that is self-incrimination.

      With things like this in place there is nothing preventing anybody (police/government or over-wise) from creating files of random data (which encrypted data is indecipherable from) that contain nothing, labeling them in alluring way, and as the defendant (whom the files were laid on) cannot come up with encryption keys, putting them in jail.

      This is a clear overstepping upon citizen's rights and it needs to be seen clearly as such.

    50. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 5, Informative

      Lucky for us Americans, a subpoena can not force you to testify against yourself. It's a Constitutional right written in black ink and cannot be revoked by any mere subpoena.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    51. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      *cough* Tea Party *cough*

    52. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      lol...you do not see the difference...lol

      There is a huge difference...with a search warrant the cops do not need your permission, they can (and often do) just smash the door down. With encryption, they really do need your help ...without it they cannot access your data unless they go brute force which can take a really long time). See the difference?

    53. Re:I wish the US Supreme Court was that smart. by _Shad0w_ · · Score: 2, Insightful

      Yeah it is. We've had one since 1689 and we've had the Magna Carta since 1215.

      --

      Yeah, I had a sig once; I got bored of it.

    54. Re:I wish the US Supreme Court was that smart. by scientus · · Score: 1

      you can say i forgot and say nothing as testimony, and then you have to stand by what overs have on you, its not always pretty but it is a right that you have (at least in the us)

    55. Re:I wish the US Supreme Court was that smart. by scientus · · Score: 1

      How dare you reference your precious freedoms as 'etc,etc.' I think you need to actually read it, and read the US Bill of rights too while your at it.

    56. Re:I wish the US Supreme Court was that smart. by thermian · · Score: 5, Funny

      Sorry Judge, I forgot

      You seem to grossly miss a point: a password might easily be really forgotten. Ever happened to you?

      nope, because 'biscuit123' is really easy to remember, and totally secure, because letters and numbers == strong, plus no-one would ever think of it.

      See, some of us have the clevers.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    57. Re:I wish the US Supreme Court was that smart. by erroneus · · Score: 5, Insightful

      A lot of things were lost when the use of the SSN was required in order to participate in the financial system. Interestingly enough, when the system was brought about, people protested that very thing and it was written into law that the SSN could only be used for the purposes of tracking your social security account. The IRS ignored it (though you can request a tax ID) employers ignore it, banks ignore it, the whole system ignores it.

      This isn't technology at play. It's something else.

      Now you can't have a normal life without participating in this system; without allowing your transactions to be tracked.

    58. Re:I wish the US Supreme Court was that smart. by Zironic · · Score: 1

      Because it has gone so well for the people that have tried resisting arrest with guns....

    59. Re:I wish the US Supreme Court was that smart. by Bloke+down+the+pub · · Score: 1

      Then don't litter.

      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    60. Re:I wish the US Supreme Court was that smart. by Attila+Dimedici · · Score: 2, Insightful

      Saying they are "far more facist (sic) than communist" is like saying that a color is "far more aquamarine than green".

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    61. Re:I wish the US Supreme Court was that smart. by thermian · · Score: 0, Flamebait

      The US has already ruled you can't be forced to give out an encryption key.

      It's nice having a Bill of Rights, ain't it?

      Laugh at all the British who say such a thing is unnecessary.

      I'd rather laugh at you when you find yourself unable to change jobs because you have 'health insurance worries'. Oh yes, no problems in America, nosirree.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    62. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Well it seems to work for Bush & Co.

      Why shouldn't it work for an average Joe?

    63. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      erm, a S18 search, an substantive police inspector authorised search post arrest comes from PACE 1984. Nowt to do with nu labour my friend.

    64. Re:I wish the US Supreme Court was that smart. by MagdJTK · · Score: 1

      Why is it that Americans are so happy to queue up to mock the UK's supposed lack of liberty?

      Last time I checked we could hold suspected terrorists for 28 days (maybe going up to 42 soon) with no charge. In the US, have the wrong coloured skin and you can and will be held for several years and tortured (naked human pyramids, subjected to stress positions, waterboarded, etc.) in Cuba.

      Just more evidence that the supposed special relationship is entirely one way.

    65. Re:I wish the US Supreme Court was that smart. by FictionPimp · · Score: 1

      Give me liberty or give me death.

      I wish there was still one person alive today in america with half the balls of just one of the people who founded it.

    66. Re:I wish the US Supreme Court was that smart. by FictionPimp · · Score: 1

      Yet. It has already been suggested numerous times by some fringe congressmen that we need to suspend the constitution. It's only a matter of time before they actually do.

      It's for our own good....really.

    67. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I think I'm going to stop reading the user comments right here. This is exactly the argument I was hoping to find.
      +10 insightful, AC
      Thank you.

    68. Re:I wish the US Supreme Court was that smart. by FictionPimp · · Score: 1

      If we compare an encrypted file to a locked car (we need one car analogy) how would this play out?

      Lets say I have stolen property in my trunk. If I hid my car keys and refused to tell the cops where I put them, then they would get a warrant to search my car and break the lock on my trunk.

      So how is this different. It's not my fault my 'lock' is so strong they can't pop it.

    69. Re:I wish the US Supreme Court was that smart. by Pvt_Ryan · · Score: 1

      I'm inclined to agree on that front. What with our so-called credit crunch at the moment the government is pouring how much money into contravention of privacy rights rather than digging us out of this huge economic crash?

      Don't worry we have loads of cash.. After all we are building a huge database to monitor all communications while the banks are filing for bankruptcy..

    70. Re:I wish the US Supreme Court was that smart. by GamerCowboy · · Score: 1

      Get that cough taken care of.

      I'm not an American but I'm certain that the Bill of Rights is not for US citizens only.

      --
      void
    71. Re:I wish the US Supreme Court was that smart. by betterunixthanunix · · Score: 1

      Really, they aren't talking about turning over your private key ring -- that's easy to get with a warrant. But what about the symmetric encryption on that private key? Only you know the passphrase, in theory, and if you give it to them, they will have access to incriminating evidence.

      Suppose a murderer buried a corpse somewhere secret. Should he be required to disclose the location of that corpse?

      --
      Palm trees and 8
    72. Re:I wish the US Supreme Court was that smart. by Lumpy · · Score: 5, Funny

      Now that's a good idea.

      Evildoer:"my password your honour? you're asking for my password?"

      Judge: " Yes, give me your password now!"

      Evildoer: "ok, the judge can suck my cock, all lower case."

      Judge: " What? I'm going to throw you in jail for contempt!"

      Evildoer: " No that's my passphrase, then the second one is " The faggot judge likes to lick prisioners underwear, with a capitol T on the."

      Judge: " How dare you!...."

      Evildoer: " you want my email passphrases too?"

      If you think you're ever going to jail, make the passphrases something that will be your own version of shock and awe in the courtroom.

      --
      Do not look at laser with remaining good eye.
    73. Re:I wish the US Supreme Court was that smart. by Lumpy · · Score: 1

      That is exactly how I defeated my professor in a mental challenge.

      He told me he could detect a hidden message I sent him. I bet him $100 that I can easily get a hidden message past any sniffer he tries to use.

      I then sent him 10 messages. 9 were seeded with /dev/random one was the real message.

      He could not detect the message. If you hide in a sea of noise they cant find you.

      Really Really old tech.

      --
      Do not look at laser with remaining good eye.
    74. Re:I wish the US Supreme Court was that smart. by Threni · · Score: 1

      > Where is the outrage? Those posting don't seem to understand the implications of requiring citizens to furnish, by law, that which could lead to their arrest. (If the prosecution/government didnt
      > believe it would why would they be asking for it?) In my book that is self-incrimination.

      People who don't complain (ie the majority) obviously believe that trials work; the innocent go free, and the guilty are convicted. With that outlook, it doesn't matter if the police have all your passwords, emails etc. "Only a guilty person would believe otherwise."

    75. Re:I wish the US Supreme Court was that smart. by HungryHobo · · Score: 1

      sure but in those days the difference in power wasn't so huge.
      Armies in those days could be defeated by decent numbers of lightly armed pissed off citizens. Now days if, for example, the entire population of new york fought against the US army the whole place could be turned into a blackened crater in the space of a few hours.

      The fact is that the police can bring more guns to bear and the penalties for using them on police, which you can bet would unofficially include long hours with the camera turned off and a taser being used inventively, are too high for most people to take that option.

    76. Re:I wish the US Supreme Court was that smart. by fishthegeek · · Score: 1

      The U.S. constitution by definition only applies to the U.S. and it's citizens. China for instance has no intention of letting anyone have the right to peaceably assemble for any cause other than the one supported by the government.

      --
      load "$",8,1
    77. Re:I wish the US Supreme Court was that smart. by Chaos+Incarnate · · Score: 2, Insightful

      Legally, the US government can't do that either. The current government simply considers itself above the law.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
    78. Re:I wish the US Supreme Court was that smart. by kraut · · Score: 1

      Of course one of the key problems with the UK RIP Act is that it does away with court warrants. All it needs is the authority of a "senior police officer" or even someone in the (civil) local authority.

      I.e. not only is there is no meaningful oversight, they've even done away with the facade of one.

      --
      no taxation without representation!
    79. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      And, much like if you refuse to comply with a warrant, free to throw you in jail for obstruction, among other things.

    80. Re:I wish the US Supreme Court was that smart. by scientus · · Score: 2, Insightful

      Not if the rule of law is upheld. If courts are answerable to higher courts, and the highest courts answerable to quality written declarations, then as long as defendants appeal when they should, and as long as those of the highest courts do not cheat the word which founded their institutions, then there is a way, albeit slow and perhaps unattainable to some due to money and thereby representation (the ACLU and others try to offset this), of maintaining order.

    81. Re:I wish the US Supreme Court was that smart. by kraut · · Score: 1

      Technically, the Human Rights Act enshrines into British law the European Convention on Human Rights, and not common law.

      Arguably, its main purpose is to stop the embarassment of the British government being sue in Strasbourg, and losing.

      > Disclaimer: I think Britain is royally fucked anyway.
      Hard to disagree with that.

      --
      no taxation without representation!
    82. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 5, Funny

      I prefer a password of "I'm sorry, I can't remember it!".

      So when the cops ask, I can tell them.

    83. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      > So you could type that very command and 5 years > later they ask for your encryption key...
      > Key?
      > To jail with you!

      Nope.

      You are missing out the part where the prosecution has to prove, beyond reasonable doubt, to a jury of your peers that you are refusing to give up a key.

      If there is no evidence that the person is using any encryption, that is going to be very difficult.

      Don't get me wrong, I definitely don't support this legislation, it just doesn't bypass the legal process in the way you think.

      The same applies for people who make the opposite argument - that you could just stand up in court and say "Oh I forgot the key".

      Say the prosecution finds data on your harddisk indicating that you've unlocked your encrypted data 3 times a day for the last 5 years and never changed the passphrase. They aren't gonna believe you "just forgot". People are gonna say "Oh, but how can you tell what is going on in someone elses head. Maybe they forgot". But juries make decisions on people thoughts all the time. The classic one is murder, which in the UK required pre-meditation.

    84. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Our Bill of Rights, and Constitution are ignored on a daily basis by our government. They are capable of doing so because our school system doesn't even require one to read either, let alone study it. Look at our current events concerning the bailout. Nowhere in our Constitution does it give out government the right to do what they are doing. The Federal Treasury, from where the government will "borrow" the money, is not even part of our government, but is actually a private trust.

      The United States is fucked, and unless we purge ourselves of the two parties in power now, we will never have the America we once had.

      Sadly, the citizenry of the U.S.A may be just too ignorant to stop the downward spiral.

    85. Re:I wish the US Supreme Court was that smart. by FictionPimp · · Score: 1

      If this is true,then why are there still terrorists?

      It should be trivial to find and take them out. The fact that is not suggests that it is possible for a rebel group to wage war against the US. It's the fact that americans are fat and lazy that prevents us from fixing our government.

    86. Re:I wish the US Supreme Court was that smart. by CastrTroy · · Score: 1

      The difference is that they don't have to force you to hand over the key. If you don't give them the key, they are allowed to break down the door with brute force. I say, let them do the same with encryption. If the accused doesn't want to hand over the key, let them break the encryption some other way.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    87. Re:I wish the US Supreme Court was that smart. by guruevi · · Score: 2, Insightful

      If they don't announce properly they have a search warrant, you can shoot them. You also have a right to refuse to unlock doors. They have a right to get a locksmith. The problem with encrypted data is almost no entity (unless you're the NSA) has a locksmith.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    88. Re:I wish the US Supreme Court was that smart. by bytethese · · Score: 1

      Average Joe, Plumber?

    89. Re:I wish the US Supreme Court was that smart. by Xeth · · Score: 1

      Deniable encryption makes that distinction irrelevant, particularly if stacked. Since it's a baseline (indeed, central) feature of freely-available security software, I'd say it's not just an edge case.

      --
      If your theory is different from practice, then your theory is wrong.
    90. Re:I wish the US Supreme Court was that smart. by HungryHobo · · Score: 5, Interesting

      only if you care about civilian casualties.
      as for finding terrorists, they're too useful. I don't mean in a conspiracy theory doing the governments bidding way. I mean they can be used to raise political capital.

      Lets take a the example of ETA in the basque country of Spain. Every time there's a scandal or some big fuckup by senior government officials there just happens to be a crackdown on ETA members shortly after. Oil tanker disaster = crackdown. Senior official sex scandal = smaller crackdown. with lots of headlines about all the ETA members arrested pushing the sandals off the front page.

      It's well known that the authorities in Spain keep tabs on most of the organisation and could probably round up most of them overnight if they really wanted.

      The heavy handed way they treat it only serves to increase the number of recruits, the organisation would have faded away to almost nothing if the Spanish government didn't intern people and fuck up their lives as part of this.

      Now I wonder if there are any parallels with how the US runs it's own war on terror...

      Want to hold on to political power? don't even dream of getting rid of the terrorists, they're a minor threat but you can use them to demand a great deal of power.

    91. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Besides, the encryption key does not "exist separately from a person's will." when it, or part of it, is committed to memory. Until brain scanners get perfected, at least :)

    92. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      1:Encrypted data can be hidden within random data.
      [...]
      4:It is impossible to prove with certainty any of the above situations as opposed to 1:the data actually being random, 2:there being no data hidden within the normal data, 3: a drive really bing empty.

      If you want you can tell the judge that you have a multigigabyte file of random data for no reason, and a copy of TrueCrypt you have installed, but that you never use.

      It's not like the courts have any mechanisms for telling truth from lies, because nobody has ever lied in court.

    93. Re:I wish the US Supreme Court was that smart. by Citizen+of+Earth · · Score: 1

      Just make your password "I confess to jaywalking on 2008-10-16 iiGH%5". Sorry, but I cannot tell you my password without confessing to a crime. QED.

    94. Re:I wish the US Supreme Court was that smart. by kabocox · · Score: 1

      Protection from self incrimination was to prevent confessions under duress or torture.
      I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

      I see it as giving "them" free reign to go through your entire history and every document that you've ever created/looked out without any defense.

      You don't need confessions under torture or duress when your facebook/myspace or just local word documents prove you guilty of political crimes against the state.

      I view my computer files as an extension of my will and should be protected the same as my physical body and mind.

    95. Re:I wish the US Supreme Court was that smart. by MBGMorden · · Score: 1

      The point though is that maybe they REALLY don't know the password. I know I've password protected stuff in the past and forgot the password before. Depending on if I created an encrypted volume to actually use or because I was just playing with a new encryption tool would bear a lot on whether I remembered the password.

      So even if you can't makeup a confession to make it stop, the point is that if they persist and you really don't know the password, it's not even within your power, innocent or not, to make it stop. Given enough time you might just break down into a traditional (and maybe false) confession since it's obvious that you can't give them the key and they're not letting you go until you do.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    96. Re:I wish the US Supreme Court was that smart. by Col.+Klink+(retired) · · Score: 1

      > Me letting you in would be self incrimination!

      Well it would, wouldn't it. They can come in on their own or they can physically search you for they key and remove it from your person, but they can't throw you in jail if you don't give them the key. Let's assume that you've hidden the key. You can't be compelled to lead the police to where you hid it. If you did, you would be admitting that you had access to the lab and you would be incriminating yourself.

      --

      -- Don't Tase me, bro!

    97. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I sincerly hope you are intending to be funny and that people haven't just modded you so when your were serious.

    98. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

      The police are free to knock my door down if I refuse to help them. Just as they are free to take a run at breaking my AES-256 encrypted hard drive. I don't have to help them make their case against me.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    99. Re:I wish the US Supreme Court was that smart. by fastest+fascist · · Score: 2, Insightful

      There is such a thing as criminal negligence. In many places, if you own a gun, you need to keep it locked up, and I doubt "oh, I forgot" would really cut it as an excuse if you were seriously prosecuted for neglecting to do so. You might forget to look for pedestrians at a zebra crossing, but that's not going to get you off the hook should you run someone over. In this case, requiring a person to be able to hand over their encryption keys if requested to do so basically means anyone using encryption has to take some care to make sure they don't forget the password.

      Whether this is good or bad will depend on your viewpoint, but there's nothing inherently ludicrous about legally requiring people to remember things, or to make sure they have the relevant information stored somewhere should they be asked to produce it.

    100. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      The difference between math lab and encrypted HD is that with math lab, you can get a search warrant for a specific reason. With HD, you do not know what you are looking for, so how can you get a warrant? I can not come into your house, demand that you open it just because I might find something incriminating. That is the same as giving up your password.

    101. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      Yet. It has already been suggested numerous times by some fringe congressmen that we need to suspend the constitution. It's only a matter of time before they actually do.

      That would be a neat trick, since there are no provisions in the US Constitution that would allow it to be 'suspended'. Habeas Corpus can only be suspended in cases of rebellion or invasion. You'd also have to suspend the 50 State Constitutions that also protect most of the rights outlined in the Bill of Rights.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    102. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 3, Insightful

      Now days if, for example, the entire population of new york fought against the US army the whole place could be turned into a blackened crater in the space of a few hours

      What makes you think the US Army would go along with turning an American state into a 'blackened crater'?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    103. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      Now you can't have a normal life without participating in this system; without allowing your transactions to be tracked.

      If it bothers you that much then live without a bank account and just cash your payroll check every two weeks or whenever. They can track how much you make but can't track where you are spending it.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    104. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Well in this case any time you use encryption for anything, you are liable to imprisonment if you do not keep the key.

      What happens if you trash a key at the same time you delete encrypted data, only to have the authorities get a copy from a backup, or forensic analysis of your hard drive? You're screwed, that's what.

      The net effect here is to mandate a data retention policy for personal encrypted data - expensive stuff. Would you feel comfortable using encryption knowing that if you accidentally lose your keys you could end up in prison?

    105. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      One would look at "anni di piombo" in italy the same way, with right wing terrorists damaging the right wing movements, and red brigates sowing fear of communism.

      Of course i could be totally wrong, in fact the real problem is that the public is defenseless against false flag attacks.

      The way to crush terrorism would be to make terrorist acts completely ininfluential from a political and military point of view, concentrating on getting the perpetrators and nothing more. I would add the economic point of view, confiscation of all profits made on related stock, which is the impossible feat (and basically says that finance - better, the people who have degrees of financial control - is the one really in charge: they can easily influence politics and stuff, but the whole world would have to agree before is able to influence them). If the terror act helps nobody at all, there is no reason for organized groups to perpetrate it. Nobody wants to be ruled by people openly killing whom they want to lead.

      But given the number of wars started by an episode of terrorism (good ol' WWI too) I feel no optimism on the issue.

    106. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      What are you talking about? Self-incrimination has been ruled out as a defence. The defence of there being no such key still exists.

    107. Re:I wish the US Supreme Court was that smart. by fastest+fascist · · Score: 5, Insightful

      I'm not a regular protester at any events or anything like that, but I'd rather be shot for defending my freedom than live to see it gone.

      But that's not how it works nowadays, is it? By and large you're not going to be given the chance to martyr yourself for liberty. You just get to watch basic freedoms slowly erode away while most people don't give a damn. Your options are either to try to effect change through the political system (good luck with that, you godless nihilist), to start an outright armed revolt (good luck with that, you godless terrorist) or to simply quietly secede and disregard the authority of "your" government to rule you. The last option will pretty much inevitably lead you into conflict with law enforcement, and ultimately you'll be faced with either giving up or taking up arms (good luck with that, you godless nutcase).

      So either you're quiet and no-one notices or you're loud and your actions are used to further justify the need for increasingly draconian law enforcement.

    108. Re:I wish the US Supreme Court was that smart. by R2.0 · · Score: 1

      "I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant."

      Thank God you aren't a constitutional lawyer, then.

      Search warrants and physical keys are NOT the correct parallels to encryption keys - one involves the retrieval of physical evidence, the other involves the gathering of data, or knowledge. One is search and seizure, the other is self incrimination. It is wrong to COMPEL someone to incriminate themselves - you can trick them, lie to them, but you cannot say "tell us that you are guilty so we can put you in jail or else we will put you in jail anyway".

      The closest analog I can think of is prosecutions of Mafia bosses here where they have hundreds of hours of surveillance, but all of the people on the tapes talk in code or use obscure hand gestures. For instance, in the prosecution of Vincent "The Chin" Gigante, the folks on tape wouldn't even refer to him as "the boss" or anything verbal - they would motion toward their chin. If the prosecution had arrested the participants in those conversations, shown them the videos, and said "Tell us what that hand motion meant, or we'll throw you in jail", they'd be laughed at. But it's essentially the same thing! The people in those conversations had agreed on an encryption scheme (a substitution cipher of a certain hand motion for Vinny The Chin) and kept the key to that cipher in their memory. To be compelled to reveal that key would be a violation of their rights against self incrimination. If the prosecution couldn't get any of the Mafiosi involved to do so, they would need to prove their case another way.

      Everyone bitches on /. about the confusion of intellectual property with real property, of data with an object. The same rules need to apply in criminal cases - computer memory is an extension of our personal memories, NOT a great big file cabinet with a combination lock.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    109. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I'd rather laugh at you when you find yourself unable to change jobs because you have 'health insurance worries'. Oh yes, no problems in America, nosirree.

      Hey, keep up with the times! We can't change jobs because of economic uncertainty and will probably lose health insurance anyway.

    110. Re:I wish the US Supreme Court was that smart. by scruffy · · Score: 1

      The US has already ruled you can't be forced to give out an encryption key.

      I believe that is only a ruling by a federal judge, not any higher courts (federal appeals courts or SCOTUS).

      http://techdirt.com/articles/20071216/163110.shtml

    111. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      "Protection from self incrimination was to prevent confesions under duress or torture."

      We ARE talking about the United States of Gitmo, US Supreme Court, right? The same US that's police interrogate suspected criminals for hours in little rooms until they sign confessions? Just want to be sure.

    112. Re:I wish the US Supreme Court was that smart. by EllisDees · · Score: 1

      >I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

      It's different because if you don't talk to the police, they can still enter your house. They can't break your encryption without your help. If you are forced to tell them your encryption key, you may be forced to incriminate yourself.

      --
      -- Give me ambiguity or give me something else!
    113. Re:I wish the US Supreme Court was that smart. by VShael · · Score: 1

      It was nice having a Bill of Rights, wasn't it?

      There. Fixed that for you.

    114. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I use embarrassing passwords to force myself into never "innocently" divulging it.

      So when my mom asks for the password for my computer the lazy thing to do would be to give it to her. But then I remember that my password is "ilovesuckingcock" (I'm a heteronormative guy), so I just move my ass over and type it in.

    115. Re:I wish the US Supreme Court was that smart. by EllisDees · · Score: 1

      >tell us X and we promise not to use it to prosecute you, and then you can no longer refuse on 5th ammendment grounds since it would no longer incriminate you.

      Hmm. How about something like 'This hard drive contains child porn!'

      --
      -- Give me ambiguity or give me something else!
    116. Re:I wish the US Supreme Court was that smart. by perffectworld · · Score: 1

      Now: "It's a Constitutional right written in black ink and cannot be revoked by any mere subpoena." 10 Years from now: "It's a Constitutional privilege written in red ink and cannot be revoked without government approval."

    117. Re:I wish the US Supreme Court was that smart. by Sancho · · Score: 1

      Me, too.

      I've also used a keyfile which got corrupt. No amount of recall is ever going to get that back. And I've also had corrupted ciphertext which wouldn't properly decrypt even with the correct pass phrase.

      Seriously, there's a lot of stuff that can go wrong with improperly implemented encryption.

    118. Re:I wish the US Supreme Court was that smart. by Frosty+Piss · · Score: 1

      Because you can't be tortured into making up shit that would incriminate you.

      Most impartial experts (and many bias ones as well) agree that at least with torture victims in the War On Terror, torture has not produced accurate results, and in fact many victims simply made incriminating stuff up to end the torture

      --
      If you want news from today, you have to come back tomorrow.
    119. Re:I wish the US Supreme Court was that smart. by houghi · · Score: 1

      So you have different persons to get data from and the reason why torture is bad.
      1) The person who gives you the correct key.Only the idea of torture is enough.
      2) he person who gives you the wrong key first and later the correct key. Some amount of torture is needed.
      3) The person who does not know the key and wants the pain to stop. They will tell you anything to make the pain stop, including summing up all possible keys from 00000000 to ZZZZZZZZ and everything else. They will confess to things you never heard of and will make up things they never heard of. This data is useless.
      4) The person who will never give up the information, no matter what you do. (OK, at some point this will become a '2'

      So how do you know if you are dealing with a '2' who needs just a bit more torture or a '3' who has no clue?

      --
      Don't fight for your country, if your country does not fight for you.
    120. Re:I wish the US Supreme Court was that smart. by houghi · · Score: 1

      What if you hide the device? Then you must tell its location.

      So if you do have a device, you go to jail.
      If you don't say you have a device, you lie and go to jail.

      Basicaly damned if you don't and damned if you do.

      --
      Don't fight for your country, if your country does not fight for you.
    121. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0
    122. Re:I wish the US Supreme Court was that smart. by Sancho · · Score: 4, Funny

      It's probably the extremely rare case where encryption keys kill people.

    123. Re:I wish the US Supreme Court was that smart. by FictionPimp · · Score: 1

      And who keeps the government in check with the constitution?

      When they decide to do it, they will just do it. They have already tested the waters. Once they say it is for our own good then most everyone will fall in line.

      For example, during Catrina, they confiscated firearms for law abiding citizens for their own protection.

      In any case, my firearms give me more protection then the constitution as it stands right now. At least I can choose where, when, and what to do for.

    124. Re:I wish the US Supreme Court was that smart. by spikedvodka · · Score: 1

      Sorry Judge, I forgot

      No No No, you're getting it wrong... it's "I'm sorry Senator, I have no recollection of that event"

      personally, any appointed, or elected official that ever uses that should be canned, on the spot

      --
      I will not give in to the terrorists. I will not become fearful.
    125. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      America is beautiful no matter what they say.

    126. Re:I wish the US Supreme Court was that smart. by FictionPimp · · Score: 1

      damn it,
      In any case, my firearms give me more protection then the constitution as it stands right now. At least I can choose where, when, and what to die for.

    127. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 2, Interesting

      Result:If you live in the UK and own any form of electronic storage you can be jailed at at time.

      No - it's not quite that bad. Yet.

      In order to secure a conviction under S.53, the prosecution has to show several things (beyond reasonable doubt):

      1) That the blob of data on the disk really is an encrypted blob, and not just random data. A file called "entropy.rand" is likely to be viewed differently than one called "cipher.enc".

      2) That the key to that data is in the possession of the suspect, ie. there's a PGP key in his keyring which corresponds to the one used to encrypt the ciphertext

      3) That the suspect could reasonably be said to have access to the key. So, for instance, if the keyring had been accessed in the last two days, "I forgot it" is pretty unlikely to wash. If, on the other hand, it was accessed six months ago, a jury might well be inclined to believe such an excuse.

      And the court order for the key is supposed to be based upon the notion that there is sufficient evidence that the ciphertext is likely to be of interest. So, a cleartext file saying "Jihad targets listed in file cipher.enc", then the coppers probably have reason to believe that file cipher.enc is a legit target. However, if the coppers came across a USB key in someone's car with an encrypted "My Pr0n" folder, then that would possibly be deemed irrelevant. In any case, plaintext production would be far more likely ordered than key handover.

      It would be interesting to note - was plaintext production ordered first, or was key handover? The code of practice says plaintext comes first unless special circumstance obtain.

      I still think RIPA is a foul piece of legislation, but I don't think it's the "Arbitrary Detention Act 2000".

      As for popular reaction, why would the Brits react differently to the American reaction to Gitmo? As long as people think "But it'll never happen to me, just to bad people" then such intrusions on liberty will go on.

    128. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      So they you just bury your money in the backyard and hope you have enough later, and deal with inflation? GLWT.

    129. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 1

      "From time-to-time the tree of liberty must be watered with the blood of Patriots and Tyrants." - Thomas Jefferson

      Is life so precious that you're willing to be a slave to your own government... to be imprisoned whenever they feel like it? "Oh he has his USB drive locked in a safe, and he refuses to tell us where he hid the key, so let's send him to jail for a year." I sincerely hope not.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    130. Re:I wish the US Supreme Court was that smart. by steelfood · · Score: 2, Insightful

      So your solution to this is to force everyone use easy-to-remember passwords or it's go straight to jail.

      That's thoughtcrime.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    131. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      No. The enforcement of the Constitution lies within the power of the institutions it creates and over the territory that the United States control. And yes, that includes Guantanamo.

      All people, citizens or not, are afforded constitutional protection within United States territory. Otherwise, do you think that the police should be able to torture a suspect, merely on the grounds that he is not a citizen?

      If constitutional rights were merely artifacts of citizenship, then they would hardly be inalienable, would they?

      Your point regarding China is irrelevant in this instance, since the discussion was around a US controlled territory (yes, not a US state, but still under US control).

    132. Re:I wish the US Supreme Court was that smart. by plasmacutter · · Score: 1

      No, that argument doesn't fly.

      The physical lock might as well be a combination lock, and thus the combination would consist of "knowledge" just the same as for an encryption key. It is perfectly legal for the police to require you to divulge the combination to your locker.

      "Something you know" isn't what counts when it comes to protecting you from self incrimination; it is whether the "something you know" is incriminating you. And unless your combination isn't a crime in itself, you wouldn't directly incriminate yourself by divulging it, which is what the self incrimination protection is about.

      You don't get what he's saying.

      THEY CAN KICK IN YOUR DOOR to get access to the house. This does not require you divulging information which incriminates you.. e.g. the combination.

      It doesn't matter if the incrimination is direct or not, it's still self incrimination.

      If they want your data, they should pry it from me by force.

      Just because the lock is stronger doesn't mean they should be allowed to imprison me indefinitely because they WANT to, but CANT, prove you've committed a crime.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    133. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 1

      The Eastern Europeans had no advanced weapons, but they still managed to topple their governments with pistols and clubs. The threat of nuclear-equipped armies did not stop them.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    134. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      And who keeps the government in check with the constitution?

      Well, if worst comes to worst the military swears an oath to uphold the Constitution, not to follow every single order of POTUS. If POTUS ordered the military to nuke New York City it's a reasonably safe assumption that they would refuse to carry out that order.

      For example, during Catrina, they confiscated firearms for law abiding citizens for their own protection.

      Blame the State of Louisiana for that. That would never happen in my state -- if for no other reason than my state doesn't register rifles and shotguns and has no way of knowing whether or not I own one. Our cops also don't abandon their posts during times of crisis. There's a lot of fucked up shit you could bring up regarding Louisiana.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    135. Re:I wish the US Supreme Court was that smart. by IgnoramusMaximus · · Score: 2, Informative

      If it bothers you that much then live without a bank account and just cash your payroll check every two weeks or whenever. They can track how much you make but can't track where you are spending it.

      Err... to stop that they passed laws dealing with "suspicious amounts of cash". I.e. car dealers, real estate agents and even places like Best Buy are supposed to demand ID and report you if you use cash in amounts greater then a certain amount (I think it is $1000 these days during the War On Terror, thanks to which it has been lowered down from $10,000 during the War On Drugs). So no, cash is not going to get you anywhere unless you also plan to live under the bridge.

      Oh, by the way. The law also forbids you from carrying the same amount of cash (as opposed to traceable traveller's cheques) while going abroad. As the original poster indicates, privacy is a distant historical curiosity from 17th century.

    136. Re:I wish the US Supreme Court was that smart. by Wrath0fb0b · · Score: 1

      (1) Non citizens on US soil get rights, just fewer rights than citizens. Depending on how they entered the country, they can also be deported and permanently excluded from reentry.

      (2) Citizens cannot be stripped of your US citizenship involuntarily. http://en.wikipedia.org/wiki/Trop_v._Dulles. So your rights are, in fact, unalienable just not in the lofty sense of being spooky.

    137. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      With things like this in place there is nothing preventing anybody (police/government or over-wise) from creating files of random data (which encrypted data is indecipherable from) that contain nothing, labeling them in alluring way, and as the defendant (whom the files were laid on) cannot come up with encryption keys, putting them in jail.

      Forgive me, but how is this different from the police manufacturing any other sort of evidence? The courts still demand an untainted evidence trail, leading from seizure to production. Unless you're suggesting that the executive, judiciary and police forces are all in collusion to ignore standard jurisprudence?

      In which case, why bother with courts and democracy at all, if we're already in such a corrupt state? You have to have some faith that the court processes are geared towards justice at some level.

      It's not enough to produce a random blob of data - you have to produce ancillary evidence that this blob is an actual enciphered blob. How does the CPS/Procurator Fiscal do that? That's their problem - not the defendant's.

      Now, this isn't enshrined wholly in RIPA - but that's why you can't read statute like code. It's not self contained or referentially complete. All sorts of other information go to make up the balance of judgment.

    138. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 1

      >>>And who keeps the government in check with the constitution?

      The armed populace.

      The States (disintegration of the U.S. and the forming of a new, third union of states).

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    139. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      Err... to stop that they passed laws dealing with "suspicious amounts of cash". I.e. car dealers, real estate agents and even places like Best Buy are supposed to demand ID and report you if you use cash in amounts greater then a certain amount (I think it is $1000 these days during the War On Terror, thanks to which it has been lowered down from $10,000 during the War On Drugs). So no, cash is not going to get you anywhere unless you also plan to live under the bridge.

      Well, I don't think the car analogy is a very good one. I'm already going to have to show ID when I register the thing -- or do you also think that license plates are a violation of your privacy? And "suspicious amounts of cash"? I don't know about you but my take home pay is a lot less than $10,000 a pay cycle. I could live a cash lifestyle if I was willing to try hard enough -- it would be a PITA but very doable.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    140. Re:I wish the US Supreme Court was that smart. by dougmc · · Score: 1

      You're criminally negligent if you forget the password to YOUR encrypted data on YOUR disk?

      I think I'm glad that you don't get to make laws or rewrite the US Constitution. (I'm also glad that the US Courts have ruled the other way -- that giving up your encryption keys IS protected by the fifth amendment. Of course, that only applies in criminal cases, so it's not as useful as one could hope.)

    141. Re:I wish the US Supreme Court was that smart. by theaveng · · Score: 1

      Better to die with a gun in your hand, than to die in jail.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    142. Re:I wish the US Supreme Court was that smart. by davecb · · Score: 1

      Actually it was a different situation in the U.S., with the key protecting other confidential data that the warrant didn't name.

      The police could apply to the court for a warrant for all the data, or certify to the court that they would only seize (copy) the named data. In an extreme case, they could be required to use a third party nominated by both prosecution and the defense to separate them.

      In The U.K., the defense argued a self-incrimination, something that didn't work for property.

      --dave

      --
      davecb@spamcop.net
    143. Re:I wish the US Supreme Court was that smart. by thermian · · Score: 1

      I'd rather laugh at you when you find yourself unable to change jobs because you have 'health insurance worries'. Oh yes, no problems in America, nosirree.

      Hey, keep up with the times! We can't change jobs because of economic uncertainty and will probably lose health insurance anyway.

      Yeah, actually that sucks, doesn't it.

      --
      A learning experience is one of those things that say, 'You know that thing you just did? Don't do that.' - D. Adams
    144. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Lance Armstrong?

    145. Re:I wish the US Supreme Court was that smart. by xbytor · · Score: 1

      'biscuit123'? I think you meant 'cookie123'.

    146. Re:I wish the US Supreme Court was that smart. by rohan972 · · Score: 1

      Not for one person, but when you have widespread popular support guns make the difference. Maybe you've got some fancy reason why that's not so but history shows that the tyrants of the world disagree with you.

    147. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      Depending on how they entered the country, they can also be deported and permanently excluded from reentry.

      But not banged up in a concentration camp without due process, I'm willing to bet.

    148. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      It's a Constitutional right written in black ink and cannot be revoked by any mere subpoena.

      Yes, because ink — black ink, no less — is a magical material that makes things endure in completely irreversible perpetuity. Because it's not like a part of the US Constitution has ever been altered.

    149. Re:I wish the US Supreme Court was that smart. by zippthorne · · Score: 1

      If you don't let them in your door, they can get the battering ram, or with most houses, just kick it in. They don't hold you indefinitely until you turn over the keys.

      Now, I suspect they *can* hold you while they execute the search warrant, and in the case of encryption, that amounts to billions of years, depending on how long your key was, how secure your algorithm is, and how much compute resources they are willing to commit to "kicking in" your door.

      And as for your definition of a subpoena: they have to ask for a specific piece of evidence. They can't just say, "Bring us some evidence that proves your guilt."

      --
      Can you be Even More Awesome?!
    150. Re:I wish the US Supreme Court was that smart. by phantomcircuit · · Score: 1

      Haven't you ever watched a congressional commission charged with looking into a matter in which a trial is currently ongoing?

      Transcript:

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

      Congress Man: Did you do it?

      Evil Executive: I take the fifth

      Congress Man: Are you sure you didn't do it?

      Evil Executive: I take the fifth

    151. Re:I wish the US Supreme Court was that smart. by Blue+Stone · · Score: 1

      >>>In its ruling, the appeals court said an encryption key is no different than a physical key and exists separately from a person's will.

      >If a presumed-innocent person drops an actual key into a hole-in-the-ground, and refuses to divulge its location, the police can't incarcerate him simply because he refuses to say where it's located. That's loss of liberty without due process. They have to let him go.

      So is the route around this ridiculous and false judgement (that an encryption key is no different than a physical key and exists separately from a person's will) that instead of refusing to divulge the 'key' (it's really a passphrase) you say you wrote the key down on a piece of paper (becasue it was so complex you could not remember it) and cannot remember where you put the piece of paper?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    152. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Or, you could just make your encryption key a confession of guilt for something (ideally, for whatever your encrypted volume contains). So for example "I swear that this volume contains stolen copyrighted media content." If they give you immunity they're screwed, and if they don't (assuming UK is like the US) they can't compel you to give it up.

    153. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Is it me or does it seem like Britian's bill or rights gives rights to the people, and not explain what limitations the government puts on the people natural rights?

    154. Re:I wish the US Supreme Court was that smart. by NewWorldDan · · Score: 1

      Revealing an encryption key is a confession that you know the key. Much like the police can brute force open a physical lock if you refuse to surrender the key, they can, if truly motivated, brute force an encryption key. Granted, that probably (usually), requires far more resources than they're willing to expend, but that's their problem, not yours. I suppose this will be a different story if the government ever develops a working mind probe. BTW, nice karma-whoring troll.

    155. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      Hold on - the Eastern Europeans didn't have nuclear equipped armies (OK - I could just make a sort of exception for the Ukraine)

      Most of those states were being run as security buffers for the benefit of the USSR. When Gorbachev sent the message "Sorry, guys: Russian troops are for defending Russia and not your little concentration camps any more", thats when popular discontent met with something other than tanks and guns. Given that the armies hated the rulers as much as the populations, I'm not sure the native armies could have been trusted to turn on the populations. But the Russian army? No bloody problem.

      Hungary in 1956 and Czechoslovakia in 1968 were good examples of what happened when the USSR decided that liberty was just too much of a threat to the glorious worker's paradises which had flowered over the east of Europe.

    156. Re:I wish the US Supreme Court was that smart. by Maudib · · Score: 1

      Gitmo doesn't violate the bill of rights unless the prisoner is a U.S. National. Gitmo is technically located in Cuba and the bill of rights only governs U.S. Government behavior within the U.S. or with regards to U.S. Nationals abroad.

      Other issues aside, no one would argue that the U.S. Army be obligated to follow the bill of rights when governing Iraqis in Iraq. Why should it be any different in Cuba?

      There are plenty of good arguments against Gitmo but the Bill of Rights isn't one of them.

    157. Re:I wish the US Supreme Court was that smart. by rohan972 · · Score: 1

      Now days if, for example, the entire population of new york fought against the US army the whole place could be turned into a blackened crater in the space of a few hours.

      Even assuming the army would be uniformly willing to do that, the US Government would then certainly face a general revolution. I know there are some stupid people in the government but I still have more confidence in them than to think they would order the destruction of any major US city. Many in the armed services take their pledge to defend the constitution quite seriously and would immediately turn against anyone who tried to establish a military dictatorship. This is unlikely to happen ever.

      The fact is that the police can bring more guns to bear ...

      Rubbish. The police are vastly outnumbered and require the cooperation of the public for the performance of their duties. Total number of FBI employees: 28,576. Total number of BATF employees (2006): 4,559. USA population (2008 estimate): 305,421,000. Really, think before you post. What's wrong with you people?

      and the penalties for using them on police, which you can bet would unofficially include long hours with the camera turned off and a taser being used inventively, are too high for most people to take that option.

      If you take up arms without accepting that you may die, you're a fool. If you take up arms against the government without the popular support needed to win, you are exactly the type of batshit crazy idiot the media make such people out to be.

      Here's the thing that needs to be dealt with before anyone reaches for their gun. The actions of the governments aren't suprising, government power increases towards tyranny, that has long been observed, understood and predicted. The real question is what on earth is wrong with the juries? How are the governments getting these convictions when they have to pass them by 12 citizens. For as long as the government can easily find passive juries that will comply with the states demand for unjust convictions then resistance has no chance. If the government couldn't find those willing juries, armed resistance would probably be unnecessary. Probably, but don't give up your insurance policy.

    158. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Right.... because anyone using 1024 bits will remember them all as opposed to destroying the file with the key....

      You pretentious arrogant...

    159. Re:I wish the US Supreme Court was that smart. by muellerr1 · · Score: 1
      1) No. Human rights are not granted to individuals by the US Constitution; the Constitution grants powers to the US government. All individuals have the same rights, whether a US citizen or not. That's what 'inalienable' means. For an immigrant, living in the US is a privilege, not a right.

      All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

      2) That's INalienable, and besides, US citizenship is not a human right.

    160. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      Last time I checked we could hold suspected terrorists for 28 days (maybe going up to 42 soon) with no charge.

      Actually, the 42 day thing just bit the dust because it wouldn't get through the Lords. The government have withdrawn that part of the bill. So it stays at 28 days. Still too long, but better than 42.

      As for the US doings at Gitmo - that's a failure of enforcement. The law is clear - but like most citizens of the world, as long as bad things happen to other people whose wingnuts scare us, those in the US are content to turn a blind eye. They're no better and no worse than humans anywhere. [American Exceptionalists will disagree. Don't care. They're wrong]

      The British can't get too high and mighty about this. Some of the shenanigans perpetrated against Republican suspects in Northen Ireland (and in the mainland UK) were well into torture territory. And folks did get banged up purely on the basis of confessions obtained illegally.

    161. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      A subpoena is for you to testify against SOMEONE ELSE. You NEVER have to testify against yourself. You never have to take the stand or answer any question that will incriminate you to any crime.

      The encryption key article is about SELF-INCRIMINATION.

      Your analogy is totally off.

    162. Re:I wish the US Supreme Court was that smart. by Duradin · · Score: 1

      It's not just a Constitutional right. It's a Natural right that happens to be recorded in the Constitution as well.

    163. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      Judge: " Yes, give me your password now!"

      Evildoer: "ok, the judge can suck my cock, all lower case."

      Well, you might not escape a prison sentence. But the chances are that you'd probably get your cock sucked. In court, and all. Most of our judges went to all boys public school, y'know.

    164. Re:I wish the US Supreme Court was that smart. by mrjimorg · · Score: 1

      Sadly, I have to agree.
      1st amendment:
      The "Fairness Doctrine" is being brought up again and if Obama wins it will be passed. This is a measure to destroy talk radio because it criticizes democrats (we MUST protect politicians from criticism!)
      Churches are being threatened that they will loose their tax exempt status if they mention the election (we MUST protect politicians from criticism!!)
      McCain-Feingold - places restrictions on speech 60 days before an election (we MUST protect politicians from criticism!!!)
      2nd amendment:
      Don't even get me started on the limitations the government has placed on this right!
      5th amendment:
      We can't be tried twice for the same crime.... but you actually can - once for murder, then for denying someone else their civil rights.
      Eminent Domain abuse is rampant with cities taking property and selling it to others because the new owners would be paying more in property tax, and thus providing for the public good (and the supreme court had no problem with this even though the 5th amendment uses the phrase 'public use' not 'public good'!!)
      8th amendment:
      Putting someone in a cell with a sociopath that will rape him repeatedly is my definition of cruel and unusual punishment. Our prisoners have the right to serve their sentence in safety (though not with cable tv or steaks).
      10th amendment:
      The federal government doesn't recognize any limitations to its powers, thus nullifying this

    165. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      > Freedom must not only be won, it must be protected. Fail to do so and what's coming to you is solely your own fault.

      Right. What's your plan for preventing the government from doing this? Surely you'll soon spring into action to protect your freedom!

    166. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      I agree with that as a problem area. It should be a judge, or nobody. I especially hate that the Home Sec can issue a key disclosure notice. Moreover, if a notice is maliciously or wrongly issued, what's the comeback? Nothing. And that's an outrage.

      However, it's not a senior police officer - it has to be the Chief of Police (and only within his jurisdiction). You can refuse to obey an S.53 notice if it's not properly issued.

      Local authority folks can't issue S.53 notices.

    167. Re:I wish the US Supreme Court was that smart. by Free+the+Cowards · · Score: 1

      Requiring people to take some care to make sure they don't forget the password is completely incompatible with how people actually do things, though. People forget passwords all the time. If you make this illegal then you suddenly turn an enormous number of people into criminals. Most people think that this sort of thing is a bad thing to do.

      --
      If you mod me Overrated, you are admitting that you have no penis.
    168. Re:I wish the US Supreme Court was that smart. by Free+the+Cowards · · Score: 1

      Ever hear the phrase "necessary but not sufficient"?

      --
      If you mod me Overrated, you are admitting that you have no penis.
    169. Re:I wish the US Supreme Court was that smart. by Conception · · Score: 2, Informative

      *cough* doesn't matter (http://en.wikipedia.org/wiki/Abdullah_Al_Muhajir) *cough*

    170. Re:I wish the US Supreme Court was that smart. by IgnoramusMaximus · · Score: 1

      Well, I don't think the car analogy is a very good one.

      I only listed that as an example of a typical capital purchase a person might make. The list is pretty much endless and a number of new items which fall below this new "suspicious" cost limit shrinks daily.

      And "suspicious amounts of cash"? I don't know about you but my take home pay is a lot less than $10,000 a pay cycle

      It's no longer $10,000, its $1000 these days.

      I could live a cash lifestyle if I was willing to try hard enough -- it would be a PITA but very doable.

      You would essentially have to adjust your life style to the level of the lowest ranks of the US society, essentially only a few steps removed from being homeless. And every year that distinction would grow smaller, until (given the current rates of inflation) you would have to become truly homeless in a decade or so.

      Also, as you pointed out yourself, restrictions against paying cash is only one prong of the attack against privacy, many others exist like for example the vehicle registration and the paperwork your landlord has to submit to wherever.

    171. Re:I wish the US Supreme Court was that smart. by fastest+fascist · · Score: 1

      Well, possibly, or you just make sure most people don't use encryption.

    172. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      Also, as you pointed out yourself, restrictions against paying cash is only one prong of the attack against privacy, many others exist like for example the vehicle registration and the paperwork your landlord has to submit to wherever.

      Umm, care to submit a citation for that last claim? I've been involved in rentals for a long time and I've never had to submit any paperwork when I rent out one of my units. Maybe it's different in your city but that's an issue for local and maybe state government to fret about -- not the Feds.

      Granted, if a tenant files a complaint with [INSERT REGULATORY AGENCY HERE] you'll have to respond with paperwork -- but as a matter of course? Not in my area.

      It's no longer $10,000, its $1000 these days.

      Citation? I do consulting work on the side and get paid in cash for a few of my jobs. I've routinely made bank deposits and withdrawals in the four digit range. Nobody has ever questioned it or even looked at me strange.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    173. Re:I wish the US Supreme Court was that smart. by Ihmhi · · Score: 1

      Except for a couple things. One, they wouldn't bomb an entire American city. The public outlash from blowing up New York would be so high that it would turn from NYC against the military into EVERYONE against the military.

      There's like, what, maybe 2,000,000 people in the Armed Services? We outnumber them 174 to 1, and while the American citizens might not have a fighter jet sitting in their garage they certainly have their fair share of firepower.

    174. Re:I wish the US Supreme Court was that smart. by Ihmhi · · Score: 1

      Yet shouldn't a Chinese national who is visiting/living in America have those same rights? They're entitled to the same protections, they pay mostly the same taxes (even on vacation - sales tax and whatnot), and they have to follow the same rules. So why shouldn't they have the same protection?

    175. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Most countries prohibit torture, while retaining prison sentences. By any general definition of 'torture', being thrown in prison is not torture.

    176. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Yeah, well, that's how the rest of society has wired its laws: there absolutely HAS to be punishment, even if it is upon the innocent. I'd be surprised if we don't reverse our thinking from "innocent until proven guilty" to just "guilty".

    177. Re:I wish the US Supreme Court was that smart. by Neoprofin · · Score: 1

      Except that there is no law requiring you to remember your password. There are laws (at least in the U.S.) that cover the standards and punishments for criminal negligence (and more specifically for firearms) as well as traffic laws.

      Of course it wouldn't take them too long to pass another law stating that if you encrypt you have to store the password in an easily accessible place or some other such nonsense, but until they do it's apples and oranges.

    178. Re:I wish the US Supreme Court was that smart. by Seraphim1982 · · Score: 1

      The US Army doesn't have the will to turn cities in Iraq into blackened craters, what makes you think they would do it to an American city? When you get into large cities like that, you start running into the problem that a lot of people in your army are going to have friends/family in said city, and are probably not going to want to blow the thing up.

    179. Re:I wish the US Supreme Court was that smart. by Neoprofin · · Score: 1

      So don't drive and don't buy a home.

      Bikes are cheap and I'm sure you can find a landlord willing to rent without background or credit checks. It sounds like a tremendous pain in the ass, but I bet it's no worse than if I decided not to make left turns anymore, and about as useful.

    180. Re:I wish the US Supreme Court was that smart. by Neoprofin · · Score: 1

      It would mean more if you still had a king or royal authority.

    181. Re:I wish the US Supreme Court was that smart. by kalirion · · Score: 1

      What if you have one of those safes that destroys its contents if it detects being forced?

    182. Re:I wish the US Supreme Court was that smart. by Theoboley · · Score: 0

      Or force everyone to use passwords as such... "OleieciIKkk(()_000(9@2898...F" and be forced to remember them otherwise it's off with their heads or to the gallows... Or Maybe Both hehe.

      --
      Stupidity only gets you so far, then you've gotta try
    183. Re:I wish the US Supreme Court was that smart. by Neoprofin · · Score: 1

      Speaking with utter sincerity here, I would say it's because pretty much everyone lines up to chide absolutely anything Americans do regardless of the reasons, results or actual happening of the events.

      I think they think it's nice to see, if only sometimes, a country that on some limited basis is clearly worse off.

    184. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I don't see the difference between refusing to turn over an encryption key and refusing to let the police in your house when they have a valid search warrant.

      I don't see the difference between refusing to submit to a Psi-Corp scan and refusing to let the police in your house when they have a valid search warrant.

    185. Re:I wish the US Supreme Court was that smart. by Neoprofin · · Score: 1

      I wonder if that would work, make the passphrase a confession for whatever crime you think you'll be tried for?

    186. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Pardon me ---- however, the US Supreme Court is that smart. Ever hear of The Fifth Amendment? Here is part of it: "... nor shall be compelled in any criminal case to be a witness against himself..." The Court then explained it in the Miranda case. In part, this is what they said on the matter:
      (Miranda v. Arizona, 384 U.S. 436 (1966)
      "...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court;..."
      The operative part here is REMAIN SILENT. I'm not a lawyer, but I think that covers making someone write something down also, for the end result is the same.
      Another part of Miranda is "...the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her..."
      NO lawyer in their right mind will let you give up ANYTHING unless a very good deal is made.

    187. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      So you are taking the actions of a single city known for rampant corruption and expanding them out to the entire United States?

      We've had natural disasters in my neck of the woods. Nobody came around town taking our guns away. And I live in one of the bluest states (New York) on the map.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    188. Re:I wish the US Supreme Court was that smart. by Tenebrousedge · · Score: 1

      There are international laws that are supposed to preserve rights for most everyone.

      The relevant wikipedia article

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    189. Re:I wish the US Supreme Court was that smart. by WNight · · Score: 1

      He's right, there are limits. Try buying a car in cash, or flying with $10,000, or making any purchases that look like what criminals in your city buy.

      I haven't heard a dollar amount, except for traveling outside the country, but certainly carrying a large stack of cash makes police/etc think you're a criminal. Even if it isn't illegal, it will be used to harass you as they look for anything to pin on you.

    190. Re:I wish the US Supreme Court was that smart. by Cederic · · Score: 1

      I believe the US constitution is not confined either to the US or to US citizens.

      Outside the US it may not be feasible or within the laws of other countries to apply it. Inside the US non-US citizens should be granted the rights and protections it provides.

      If your laws do not grant equal rights to others, they have no obligation to obey them. Isn't that a founding principle of the US anyway?

    191. Re:I wish the US Supreme Court was that smart. by NickW1234 · · Score: 1

      Try /dev/random instead. /dev/urandom isn't as random.

    192. Re:I wish the US Supreme Court was that smart. by Sun+Chi · · Score: 1

      I think you meant the Declaration of Independence, a much more awesome document IMO.

      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness

      And yes, I'd like to think that applies to everyone.

    193. Re:I wish the US Supreme Court was that smart. by IgnoramusMaximus · · Score: 1

      I've been involved in rentals for a long time and I've never had to submit any paperwork when I rent out one of my units. Maybe it's different in your city but that's an issue for local and maybe state government to fret about -- not the Feds.

      It doesn't really matter as local, state and federal governments cross-pollinate the same "terror" databases these days.

      Citation? I do consulting work on the side and get paid in cash for a few of my jobs. I've routinely made bank deposits and withdrawals in the four digit range. Nobody has ever questioned it or even looked at me strange.

      The published by the IRS regulations vary between $5,000-10,000, although I am certain that I read somewhere about the new limit in some transactions being $1000 due to the Bad Guys Under Every Bed, but I have no time to go find it for you at the moment.

    194. Re:I wish the US Supreme Court was that smart. by WNight · · Score: 1

      Forgive me, but how is this different from the police manufacturing any other sort of evidence?

      Other than being easier, nearly instantaneous, and essentially untraceable? Not much.

      Oh, yeah. If they fake evidence you get tried on that evidence and MAY go to jail. If they fake an encrypted file you WILL go to jail until you can prove you didn't create the file, regardless of the charges against you.

      It's far easier to fake a file and imply that there's kiddy porn in it than to actually fake the kiddy porn.

      The great thing about encrypted partitions/files is that they appear totally random. TrueCrypt/etc can run from USB drives, leaving no evidence on the host. No evidence is needed except "what other use is there for an 8gb file of random noise?"

    195. Re:I wish the US Supreme Court was that smart. by IgnoramusMaximus · · Score: 1

      Sorry, that was $2000-10,000 for those IRS regs, not $5000.

    196. Re:I wish the US Supreme Court was that smart. by spiffmastercow · · Score: 1

      You might forget to look for pedestrians at a zebra crossing, but that's not going to get you off the hook should you run someone over.

      Sorry I hit you mister! I was watching for zebras!

    197. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      It doesn't really matter as local, state and federal governments cross-pollinate the same "terror" databases these days.

      I think your tinfoil hat needs to be adjusted if you are worrying about terror databases related to rental applications. I'm far more worried about what the commercial sector is doing with my private information than I am about the Government. I can vote the Governmental bastards out of office. I have no such choice when it comes to Equifax, Trans Union, Lexis Nexis or Choice Point.

      The published by the IRS [irs.gov] regulations vary between $5,000-10,000, although I am certain that I read somewhere about the new limit in some transactions being $1000 due to the Bad Guys Under Every Bed, but I have no time to go find it for you at the moment.

      So what you are saying is that the published regulations agree with the numbers that I said and the $1,000 limit that you've discussed isn't supported in the official literature?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    198. Re:I wish the US Supreme Court was that smart. by IgnoramusMaximus · · Score: 1

      I think your tinfoil hat needs to be adjusted if you are worrying about terror databases related to rental applications.

      Due to the "anti-terror" (and before them but to much lesser degree the "anti drug") regulations all such databases can be integrated and mined by whatever governmental "security" fetishists are inclined to do so. Which precludes this thing called "privacy". Which was the entire point of my post. For what supposed "purpose" that privacy is removed is quite irrelevant, be it "security" or "taxation" or "credit worthiness" or whatever, it matters not. The point is simply that privacy no longer exists.

      So what you are saying is that the published regulations agree with the numbers that I said and the $1,000 limit that you've discussed isn't supported in the official literature?

      The limit is $2,000. The $5,000 was a typo on my part. There is not much room between $1,000 and $2,000 when compared to typical capital expense. A TV set is these days commonly more then $2,000.

      Also keep in mind that these numbers on the IRS site are incomplete and I am certain that in some areas the limit is $1,000 (in money transfers by companies such as Western Union for sure). But it is not my role to dig up all of the relevant regulations to quibble over a measly $1,000.

    199. Re:I wish the US Supreme Court was that smart. by remahl · · Score: 1

      Tell me, please, where you see anything about "US Nationals" in the Bill of Rights. The bill lists natural rights supposedly inherent to being human and declares it wrong for any government to infringe them.

    200. Re:I wish the US Supreme Court was that smart. by Tenebrousedge · · Score: 1

      Insightful? You've got to be kidding.

      Fascism is a totalitarian form of government strongly characterized by nationalism, corporatism, and militarism.

      Communism is a theoretical system that bears more resemblance to an economic system than a governmental system per se. Generally speaking communism is defined by collective ownership of property, especially the means of production, and a classless society. Attempts to form large scale communist societies have resulted in totalitarian states.

      These are ideas that many, many people have seen fit to fight and die over. Joke about them all you like, but do not in seriousness believe they're identical. Otherwise you will be making a complete ass of yourself when the topic turns to systems of government. Like now...

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    201. Re:I wish the US Supreme Court was that smart. by Tenebrousedge · · Score: 1

      I don't see that as being a problem, particularly.

      --
      Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
    202. Re:I wish the US Supreme Court was that smart. by didroe84 · · Score: 1

      I'm pretty sure your constitution applies to anyone in US territory, regardless of nationality or citizenship status. Gitmo is US soil.

    203. Re:I wish the US Supreme Court was that smart. by squiggleslash · · Score: 1

      Well, the US Army generally has a reputation for being full of fairly right wing individuals. And it's New York we're talking about.

      --
      You are not alone. This is not normal. None of this is normal.
    204. Re:I wish the US Supreme Court was that smart. by squiggleslash · · Score: 1

      The US constitution by definition applies to the US government. It is a framework defining what the US government is and what its powers are. There are phrases in the constitution that are ambiguous and may possibly refer only to citizens, and one or two that unambiguously only apply to citizens, but generally the Bill of Rights applies to anyone the US government might reasonably otherwise have power over.

      --
      You are not alone. This is not normal. None of this is normal.
    205. Re:I wish the US Supreme Court was that smart. by fedcb22 · · Score: 1

      Ah, but it is not a car. Think of an encrypted file as the contents of your brain.

    206. Re:I wish the US Supreme Court was that smart. by kipman725 · · Score: 1

      no such crime in the uk we get very confused when we go to other countries and people shout at us for crossing the road.

    207. Re:I wish the US Supreme Court was that smart. by mrjimorg · · Score: 1

      Then your John Galt. God bless ya.

    208. Re:I wish the US Supreme Court was that smart. by CountBrass · · Score: 1

      So the point you are trying to make in a very laboured manner is that you agree with me. New Labour are the party of repression.

      --
      Bad analogies are like waxing a monkey with a rainbow.
    209. Re:I wish the US Supreme Court was that smart. by Shakrai · · Score: 1

      Due to the "anti-terror" (and before them but to much lesser degree the "anti drug") regulations all such databases can be integrated and mined by whatever governmental "security" fetishists are inclined to do so

      And I'm concerned by those developments. I still think you need to adjust your tinfoil hat though. We were specifically talking about rental applications -- you seem to be under the impression that all such applications need to be included in one of these databases. I've never seen any law or regulation that would require that.

      If there is such a law or regulation in your hometown then my original advice still applies: Take it up with your local and/or state government. I do realize what you are trying to say when you point out that even local/state databases are integrated into Federal efforts -- but I'm not aware of any Federal mandate requiring the States to maintain a database of rental applications.

      Which precludes this thing called "privacy". Which was the entire point of my post. For what supposed "purpose" that privacy is removed is quite irrelevant, be it "security" or "taxation" or "credit worthiness" or whatever, it matters not. The point is simply that privacy no longer exists.

      I agree. But I don't think you make the best argument for our cause when you fret over paperwork that your landlord has to submit to "wherever". I would also take issue with this comment:

      Also, as you pointed out yourself, restrictions against paying cash is only one prong of the attack against privacy

      There are no "restrictions" against paying cash. I could buy a $50,000 car with cash if I was so inclined. I might have to explain where I got that cash from but if I could produce a withdrawal receipt from my bank I don't think I'd have many issues.

      The limit is $2,000. The $5,000 was a typo on my part. There is not much room between $1,000 and $2,000 when compared to typical capital expense. A TV set is these days commonly more then $2,000.

      And I could walk right down to Circuit City and buy a $2,000 TV with cash if I was inclined to do so. Nobody is stopping me from doing that.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    210. Re:I wish the US Supreme Court was that smart. by DavidTC · · Score: 1

      You do not have to unlock your meth lab for the police, despite what you may think.

      They, however, have the right to break down the door or even go in through the walls if you do not.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    211. Re:I wish the US Supreme Court was that smart. by IgnoramusMaximus · · Score: 1

      There are no "restrictions" against paying cash. I could buy a $50,000 car with cash if I was so inclined. I might have to explain where I got that cash from but if I could produce a withdrawal receipt from my bank I don't think I'd have many issues.

      You are confused. The "restriction" is on not reporting such transactions, not on making them. By the way, the law does not require you to be informed that you are being reported on. So your "four digit cash transactions" are likely included in those 585,000+ reports of $2,000+ cash transactions made to the IRS in 2007 as indicated on the page I linked to. You simply are blissfully ignorant about it as no one has to tell you that you are being reported on. The banks and other businesses simply do so without your knowledge every time you show up with cash in excess of $2,000.

      And I could walk right down to Circuit City and buy a $2,000 TV with cash if I was inclined to do so. Nobody is stopping me from doing that.

      Again, we are talking about a loss of privacy not of rights to purchase. BestBuy will simply ask you for an ID (sometimes in a round about way, say, for "warranty purposes") and report you to the IRS. Without telling you that they are doing so.

      Ergo, privacy lost. Which, again, was the entire point.

    212. Re:I wish the US Supreme Court was that smart. by DavidTC · · Score: 2, Insightful

      Really? Did they have access to the US counts if they wished to prove they were, in fact, citizens?

      The minute there exists a subclass of people who do not have the constitutional right of access to a court, all the government has to do is assert that you are a member of that subclass and you have no way to prove you're not, because, hey, no access to the courts.

      Are people really so stupid to let people be imprisoned without any sort of judicial oversight, just because of a government-claimed attribute?

      Of course, there's actually nothing in the bill of rights about it apply to citizens only. The bill of rights actually applies to the government and restricts it from doing things.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    213. Re:I wish the US Supreme Court was that smart. by DavidTC · · Score: 1

      The problem with British law is that you don't have two different levels of law, with one harder to alter than the over, like the US Constitution vs. US law.

      Well, you might have that in various ways, possibly, it's just that 'rights' aren't on the higher tier.

      Actually, it's possible you don't have two tiers at all, as I read about things like forming the UK and in incorporating Northern Ireland via law, whereas, legally, if the US wanted to form some meta-nation with Canada we couldn't do that without a constitutional amendment. (Actually, not even then...amendments cannot reduce a state's representation without their consent.)

      You guys just appear to have a big blob of laws and traditions, which do provide plenty of rights, but those rights are much easier removed than in the US.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    214. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      "Freedom must not only be won, it must be protected. Fail to do so and what's coming to you is solely your own fault."

      I agree and I have a question. How do I protect my freedom today? Could you list some suggestions/links?

      Writing to representatives? Marching to Washington? What would be different approaches with minimal risk of being prosecuted (added to "an anti-government terrorist" list) and without the necessity to leave my job and pursue this full time.

      I am asking honestly, I want to take action, but it is very unclear what an effective legal action would look like.

      The government is taking more and more power faster than I can read about it. What can I do to recover the basic freedoms, especially including ones conflicting copyright, environmental, labour rights, super-lobbyists, the ones involving peaceful gatherings, right of trial, travel, privacy etc.

      Thank you.

    215. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      I prefer a password of "I'm sorry, I can't remember it!".

      So when the cops ask, I can tell them.

      How about having "You F**king Idiot" as a password? Tell that to the cops.

    216. Re:I wish the US Supreme Court was that smart. by deadcellplus · · Score: 1

      er UK not US

    217. Re:I wish the US Supreme Court was that smart. by timias1 · · Score: 1

      If you read some of the documents regarding the NSA and AES it doesn't look like it would be that hard for them to do it. http://digg.com/security/Did_the_NSA_put_a_Secret_Backdoor_in_New_Encryption_Standard

    218. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Your post made me think of an interesting defence

      "Unlock the file"
      "Which file do you mean? The encrypted file or the large Excel document?"
      "The encrypted file!"
      "I cannot unlock the file. It is encrypted"
      "Unlock it with the key, you fool!"
      "Which key do you mean? The old rusty key, the strange wooden key, or the encryption key?"
      "The encryption key!"
      "What about the encryption key?"
      "Unlock the encrypted file with the encryption key!"
      "...it didn't work. Must be the wrong key" ...and so on

    219. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Yes, stupid Chinese and North Koreans, not protecting their freedoms!

      And soon, the British and the Americans!

      "And by the way, I am being sarcastic!" - Homer Simpson

    220. Re:I wish the US Supreme Court was that smart. by Maudib · · Score: 1

      As a philosophical statement one may consider it universal. As a law it is constrained by the jurisdiction of the U.S. legal system. The U.S. legal system only extends beyond the U.S. borders when dealing with U.S. nationals. Gitmo is not an embassy. Its technically Cuban soil that happens to be leased by the U.S. Are you suggesting that the bill of rights is legally binding on foreign nationals in other countries?

    221. Re:I wish the US Supreme Court was that smart. by supernova_hq · · Score: 1

      the whole place could be turned into a blackened crater in the space of a few hours.

      Ha! You should see what the ARMY would do!

    222. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      It's nice having a Bill of Rights, ain't it?

      No, not when your Patriot Act trumps your Bill of Rights. Off-shore to "federal" detainment for you.

    223. Re:I wish the US Supreme Court was that smart. by erroneus · · Score: 1

      Ehh... no.... there are actually laws in place against carrying too much cash and the law allows for its seizure without charging me or even suspecting me of a crime!

    224. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      Why is your encryption key any different from the safe/door you have?

      LOL, because an encryption key isn't a container (like a safe) or an obstruction (like a door).

      An encryption key is... get this... very much like a KEY. It's not an obstruction to be broken, though it may remove an obstruction (like a door key) if you hand it over.

      Carrying on your analogy.... If you deny the police the key to your door, they will try to break the door. They'll eventually succeed. If you deny them the key to your encryption scheme, they will try to break the scheme. They will eventually succeed, in theory, though "eventually" in this case might be expressed in hundreds or years. Same process.

      Law enforcement is not used to encountering doors they can't break down with a few grunts and some steel. That's their problem.

    225. Re:I wish the US Supreme Court was that smart. by Dracophile · · Score: 1

      There's a big difference. To get the key they need a passphrase. If that exists only in your head then it requires an act of your will to disclose it, and is presumably not the subject of any warrant. If the passphrase exists outside your head then it is the subject of a warrant. They can get the key file with a warrant. They can get the computer with a warrant. They can read mypassphrases.txt with a warrant. They can read the Post-It note with your passphrase written on it that's attached to your monitor with a warrant. There is no warrant that they can use to open up your head to get the passphrase. Well, I guess they can get you to divulge it under duress, and that's exactly the point here. The passphrase in your head is not in any way the same as the meth lab of your example.

      --
      Athy, athier, athiest.
    226. Re:I wish the US Supreme Court was that smart. by dave_is_god · · Score: 1

      If it bothers you that much then live without a bank account and just cash your payroll check every two weeks or whenever. They can track how much you make but can't track where you are spending it.

      Most of the jobs i've ever had have all required Direct Deposit or that you use a cash card or somesuch.

    227. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      It depends... Is the encrypted volume ReiserFS?

    228. Re:I wish the US Supreme Court was that smart. by Pichu0102 · · Score: 1

      What makes you think that not even some of the US army would comply?

      Everyone is different. Some might go along with such an order. And consider some of the weapons the army's got, all it takes it a few men with access to the equipment to wipe an area off a map.

    229. Re:I wish the US Supreme Court was that smart. by Pichu0102 · · Score: 1

      Legally, the US government can't do that either. The current government simply considers itself above the law.

      Considers? For all intents and purposes, they already ARE above the law.

    230. Re:I wish the US Supreme Court was that smart. by ghyspran · · Score: 1
      This is when I like to quote George Orwell:

      Thus, for example, tanks, battleships and bombing planes are inherently tyrannical weapons, while rifles, muskets, long-bows, and hand-grenades are inherently democratic weapons. A complex weapon makes the strong stronger, while a simple weapon -- so long as there is no answer to it -- gives claws to the weak.

    231. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      "What makes you think the US Army would go along with turning an American state into a 'blackened crater'?"

      Yeah, like a bunch of terrorists hijacking planes and flying them into buildings. Some people still don't believe that happened too. US fighters going out to sea in anticipation of an attack. Some people still don't believe there wasn't a communication break down.

      Another *@!# that believes it couldn't happen. More directly:

      (1) The most basic element--The US army is made of people with access to weaponry. They don't need to "go along" with it; just a certain handful do.

      (2) Past precedent--A little thing known as the American Civil War.

      See Sherman's March. Not an entire state, no, but you forget that the main weaponry then was cannons and mostly muskets still. I don't think repeating rifles came to bear until late in the Civil War but I'm not a weapons or history. Gattlings were present though I believe but the main bastard was the cannon.

      A few daisy cutters or whatever they are called, or a "poor man's atom bomb" was it was known years ago, is incredibly disturbing stuff.

      (3) Related to (2)--our current separation of military from civilian law enforcement came about after the Civil War (posse commitus I believe it's called; the point is, the law had to be passed because of what was going on AFTER the fighting). Related to (1)--There was a past poll (last 10 years) where servicemen were asked if they had to bear arms against US citizens, would they, and a surprising number answered yes. Not much to have a weapons lock and to launch. In fact, isn't that what the anti-war crowd often states happens overseas?

      Such things are just unfathomable, aren't they.

    232. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      If you read some of the documents regarding the NSA and AES it doesn't look like it would be that hard for them to do it. http://digg.com/security/Did_the_NSA_put_a_Secret_Backdoor_in_New_Encryption_Standard

      Even if that's true (and I doubt it), the NSA isn't going to step up for an ordinary criminal case, not even for any court-bound terror case, and certainly not for kiddie porn and financial cases. As soon as it becomes known that AES (or any encryption method) is "sufficiently" breakable by the NSA or anyone else, people will look to other encryption methods - ones the NSA might not find so easy to break. And even if court records are sealed, the information will get out - maybe not on the first case, but probably sooner rather than later, and sooner than the NSA would want. No, if the NSA has such capabilities, they'll be using them for decrypting information which will never see a court room; lesser uses just don't make sense. Say what you will about the NSA, but they're smart enough to have their priorities straight.

      Or course, some would suggest that the NSA might be willing to decrypt information so as to give hints to investigators about where else to look for evidence. However, even that would provide indirect knowledge to persons outside the NSA, and today's prosecutor might become tomorrow's ACLU lawyer. They're smarter than that. If they have such capabilities, we'll never hear of it until years after AES is supplanted by something else, if ever.

      - T

    233. Re:I wish the US Supreme Court was that smart. by eyendall · · Score: 1

      How is locking somebody up for a full year in a prison cell because they do not give up the encryption key, claiming they don't know it, other than torture?

      In short, how is it different?

      Because a judge had heard the arguments and didn't believe the defendants. Simple. And torture? Please do not abuse the language. Words have meaning: look it up.

    234. Re:I wish the US Supreme Court was that smart. by bestalexguy · · Score: 1

      there's nothing inherently ludicrous about legally requiring people to remember things

      I disagree, because of your geneneric phrasing.
      There are very few "things" you are legally forced to remember; for example, where you placed your car, gun, airplane, or nuclear submarine. Typically, it is mandatory to register these "things", for the authorities to know who is the owner and who is responsible for their custody. As you might notice, they have something peculiar in common - consider this a riddle.
      No such obligation for a book you might have bought at the bookstore, although a book might be extremely dangerous (ask your favourite dictator).
      Nonetheless, if you cannot find your car you are not likely to be treated as a criminal, provided you promptly notify the authorities.

      I'm wondering how many /.ters ever played around with Truecrypt just to try it and left there a couple of files - time to build a few more supermaxes.

    235. Re:I wish the US Supreme Court was that smart. by DrVxD · · Score: 1

      > If you read some of the documents regarding the NSA and AES it doesn't look like it would be that hard for them to do it.

      I've read the article you've linked to - and I don't see *ANY* reference to AES in there (I see a reference to dual EC generators, but that's not something you could describe as a cornerstone of AES). If there were a problem with AES itself, I'd expect a cryptographer of Schneier's standing to be shouting it from the rooftops.

      If you know anything about security, then you'll know that one of the problems with putting a backdoor in, is dealing with the consequences when somebody else finds out how to use it. If you're even half-way serious about security, you assume that somebody WILL find out how to use it. Remember that the US Government certifies 256-bit AES for use on information classified "top secret", which implies to me that they think it's reasonably secure.

      The problem Bruce describes with the NSA-specified EC generator, on the other hand, is probably real (I haven't studied the maths behind it, but I respect him enough as a cryptographer and mathematician to take him at his word). But saying something is "possible" is a very different proposition from saying something "would not be hard to do".

      --
      Not everything that can be measured matters; Not everything that matters can be measured.
    236. Re:I wish the US Supreme Court was that smart. by Anonymous Coward · · Score: 0

      It is not different. If they have a warrant, they are free to forcefully break down the encryption, just like they are free to forcefully break down the door to your house.

      Don't you need probable cause to get a warrant?

    237. Re:I wish the US Supreme Court was that smart. by bigmouth_strikes · · Score: 1

      Hehe, yeah I was thinking about that too ;)

      --
      Oh, I can't help quoting you because everything that you said rings true
    238. Re:I wish the US Supreme Court was that smart. by Kattspya · · Score: 1

      They can offer immunity all they want. I have to consent to waving my (theoretical) fifth amendment rights.

    239. Re:I wish the US Supreme Court was that smart. by JimFive · · Score: 1

      Gitmo is not an embassy.

      No, it's a military base. It is still under U.S. Jurisdiction (for all practical purposes).

      Are you suggesting that the bill of rights is legally binding on foreign nationals in other countries?

      I think it is being suggested that the Constititution (including the bill of rights) applies to all actions of the U.S. Government regardless of where those actions take place or who the target of those actions are.
      --
      JimFive

      --
      Please stop using the word theory when you mean hypothesis.
    240. Re:I wish the US Supreme Court was that smart. by Maudib · · Score: 1

      "No, it's a military base. It is still under U.S. Jurisdiction (for all practical purposes)."

      However for legal purposes it isn't under U.S. judicial jurisdiction. This isn't some new GWB twist. In all the countries we have occupied- Germany, Japan, Korea, Iraq, no one has ever asserted that foreign citizens on a U.S. base suddenly get the rights afforded by the U.S. Constitution. Generally speaking its the local laws, abridged or modified by us for the purposes of occupation. Gitmo is no different."

      "I think it is being suggested that the Constititution (including the bill of rights) applies to all actions of the U.S. Government regardless of where those actions take place or who the target of those actions are."

      Again read the above, clearly this has never been the legal interpretation. The Bill of Rights doesn't restrict U.S. Government behavior, it asserts the rights of people subject to it's jurisdiction. Outside of that jurisdiction it has no bearing even on people employed by the U.S..

      Under your argument the Nuremburg Trials, War Crime Trials in the Pacific, the detention of individuals by the U.S. in occupied Germany and Japan, all of this would have been illegal.

    241. Re:I wish the US Supreme Court was that smart. by Ngwenya · · Score: 1

      Other than being easier, nearly instantaneous, and essentially untraceable? Not much.

      It's not untraceable - in the same way that forged confessions aren't foolproof. Disk stress analysis can indicate when a file was created, regardless of what the file system metadata says. If you know that a file doesn't belong to you, and can show it was created when the computer was in police possession, then I'd say their case is more than a little fucked. And the careers of said officers is in a similar state of fuckitude.

      I readily admit - if the cops choose to fake evidence against you, you're in deep shit. However, that's why they need multiple police officers to oversee an evidence chain.

      Can they all be corrupt? Sure. But the chances of different coppers being all corrupt in just the right sequence is lower.

    242. Re:I wish the US Supreme Court was that smart. by Tuoqui · · Score: 1

      That's ok, they always write them on a sticky note under their keyboard if they cant remember.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    243. Re:I wish the US Supreme Court was that smart. by Tuoqui · · Score: 1

      Yes but in Britain and the EU in general if you use that right the jurors are instructed to view such in the worst possible light rather than it doesnt count against you.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    244. Re:I wish the US Supreme Court was that smart. by WNight · · Score: 1

      Sure, you *can* try to use complex and questionable methods of analysis to show that the damning files are not yours. You know trials cost money, right? Especially if you need expert witnesses and forensic analysis.

      Realistically, all it needs is one cop with a modified U3 flash drive that stores illegal porn on your computer. Any of the circumstantial low-level disk formatting clues could be faked by the same installer.

      In simply brushing past your PC someone could plug in and unplug a modified flash drive - the program could take a leisurely few hundred milliseconds to totally disguise its payload. Worse, it could then make it look like you took hurried actions to delete the incriminating files.

  4. willpower by ritalinvillain · · Score: 2, Insightful

    if it is physical, can't they just take it off them? i guess it is will. that barrister sucks.

    1. Re:willpower by TheLink · · Score: 2, Interesting

      Yeah. Go fetch the key without my help.

      As I've been saying, what we need is better plausible deniability.

      https://bugs.launchpad.net/ubuntu/+bug/148440

      Then they can't go around asking everyone for their keys - because most really wouldn't have them :).

      The Truecrypt proponents don't get it. Hidden container or not, you have to voluntarily install Truecrypt, so that's sufficient cause for them to target and trouble you.

      --
    2. Re:willpower by jafiwam · · Score: 1

      You don't have to install it to use it.

      It runs from a folder, thumb drive, floppy, CD ROM or even across the internet.

      You can have encrypted Truecrypt volumes all over the place and never once save the executable to the hard drive nor "install it".

      Only while the volume is actually mounted is there hard evidence on the machine, after a restart the drivers are not in memory anymore and it's gone.

      Sure, it's a pain in the rear to do that and not often how it's used, but it CAN be used that way.

      I suggest you actually _use_ the fucking thing before spouting off what it can and can't do.

  5. Wow... by MorderVonAllem · · Score: 1, Funny

    ...I really don't want to visit Britain anymore. I read a while back about mandatory biometric scanning of tourists and from there it just gets progressively worse. Shame too since it really seems like a nice place to visit in terms of history. Oh well...

    1. Re:Wow... by freedom_india · · Score: 1

      Not like US. It appears to be bad, but the immigration is not that bad like US. If you are from a commonwealth country you really have less to worry.
      Once inside, i learnt to ride the Tube in just a day. I visited the British Museum, Naval Observatory, the Greenwich stuff, all by myself.
      I mean they are not that paranoid like in US where they strip-search you for visiting the USS Constitution and refuse any pics to be taken.
      Secondly their intelligence is amazing. So if you don't have a record, you really don't have to be afraid of the orwellian eyes.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    2. Re:Wow... by Anonymous Coward · · Score: 2, Insightful

      Um, I'm A UK citizen and on my last visit to the US (september 2007) I had my fingerprint scanned. So the US is also using biometric scanning of visitors.

    3. Re:Wow... by Anonymous Coward · · Score: 2, Insightful

      Hmmm, you must be American or you have never travelled to America. "Mandatory biometric scanning" would include taking your fingerprints or a photograph? Both have been in place for visitors to America for years now: "US-VISIT".

    4. Re:Wow... by Nursie · · Score: 1

      I think you're getting confused with the US, who have mandatory fingerprint scans on entry.

      Well, the UK might too, but I'm not sure as I'm a brit.

      Frankly, the UK is fucked in so many ways, and half the public seem to be eating up this "it's for your own safety" BULLSHIT.

      I'm moving to Australia as soon as the visa comes through.

    5. Re:Wow... by Jaysyn · · Score: 1

      Ah, the flawed "if you have nothing to hide" argument.

      --
      There is a war going on for your mind.
    6. Re:Wow... by superskippy · · Score: 3, Insightful
      The simple truth is that being nasty to foreigners in immigration controls is an easy vote winner since it creates imaginary "extra security" layer for people who do get to vote, and all the people affected don't get to vote, since they're foreign.

      This equation is true all over the world.

    7. Re:Wow... by Nursie · · Score: 1

      I'd agree your comment is insightful, I'm still moving away because the weather's better :)

      Also I'm cou8nting on some years lag time before I get pissed off with politics in the new place.

  6. Oh Joy by Anonymous Coward · · Score: 0

    So now, in the UK, with the government inspecting everyone's e-mail, even encryption won't protect privacy anymore.

    1. Re:Oh Joy by Maguscrowley · · Score: 1, Interesting

      Stenography is the ultimate answer. If they start calling people on information that they think could be there but cannot be proved: we might as well just all move to friendlier pastures and watch the collapse of that nation from a TV far far away.

      Then again, if it goes so far as a steno witch hunt then some of us might very well become terrorists. The US and UK are good at producing their own enemies.

    2. Re:Oh Joy by jesdynf · · Score: 3, Funny

      I would suggest employing >i>steganography, instead.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    3. Re:Oh Joy by Anonymous Coward · · Score: 2, Funny

      Tsk. I would suggest to you employing the Preview feature to ferret out HTML errors.

    4. Re:Oh Joy by shish · · Score: 1

      That's not an HTML error, it's a small artifact that comes from hiding the secret message :)

      --
      I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
    5. Re:Oh Joy by jesdynf · · Score: 1

      Oddly enough, the post I made after I made that one (decrying my utter failure) isn't showing up.

      --
      Yahoo! Pipes are awesome. How awesome? http://pipes.yahoo.com/jesdynf/slashdot
    6. Re:Oh Joy by Maguscrowley · · Score: 0

      I apologize for my spelling/typographical error. I do hope that my error does not cause you any grievous emotional, physical, or psychological harm.

      As such let me commend you on your outstanding citizenship and willingness to contribute to the greater good by showing us on the public forum our wrongs. Such participation is essential for a better world.

  7. Huh? by someone1234 · · Score: 5, Insightful

    Memorised encryption keys exist outside of your will?
    I'm sure the number exists somewhere out there, good luck finding it by brute force.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
    1. Re:Huh? by Anonymous Coward · · Score: 0

      lol this reminds me of the films where they scan your brain for the answers...

      It's not as long away as you think ;)

    2. Re:Huh? by oodaloop · · Score: 1

      I wonder if it's illegal now to just forget. "I'd love to help you officer, but I guess I just forgot it!"

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
    3. Re:Huh? by jimicus · · Score: 5, Informative

      I wonder if it's illegal now to just forget. "I'd love to help you officer, but I guess I just forgot it!"

      IIRC, that's been the case since the RIPA was first proposed. If the police come knocking and say "Give us the key", the burden of proof is on you to be able to show that you can't. (How on Earth you're meant to prove that you can't give them something like that is your problem).

      Failure to give them the key can lead to 3 years in prison. There was also talk of a proposal whereby if you discuss the order to hand over the key with anyone, you can get 5 years in prison.

      (All of this is based on several-year-old memories from articles in The Register, YMMV, IANAL, OMGWTFBBQ).

    4. Re:Huh? by jamesh · · Score: 5, Funny

      Reminds me of this failed pick-up scenario:

      guy: Hey baby, what's your phone number?
      girl: It's in the phone book, look it up!
      guy: But I don't know your name.
      girl: That's in the phone book too.

    5. Re:Huh? by freedom_india · · Score: 2, Interesting

      Its NOT illegal to say i forgot. The government uses it all the time to justify its continuous laptop losses...
      So cite that in court. Plus add that the Government thinks the court is stupid. That will rile the judges enough to judge in your favor.
      Nothing irritates a judge more than the Government arrogantly claiming they are bigger than the court.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    6. Re:Huh? by jamesh · · Score: 1

      There was also talk of a proposal whereby if you discuss the order to hand over the key with anyone, you can get 5 years in prison.

      That goes against every UK and US cop show I've ever watched. I thought you were always allowed to insist on legal representation before answering any questions.

      Surely you'd have to be allowed to discuss with a lawyer whether the cops finding the kid you have tied up in the basement of a secret location is going to land you a worse sentence than not handing over the encryption keys...

    7. Re:Huh? by Anonymous Coward · · Score: 0

      I wonder if it's illegal now to just forget.

      I believe in the UK RIPA act, saying you forgot is not an allowable defence unless the judge believes you're telling the truth, otherwise you're still just withholding your key.

    8. Re:Huh? by Yvanhoe · · Score: 1

      Well, yes, mathematically, it can be defined in another way than "the number you memorized" because it actually is "the encryption key that makes this seemingly random data look like a FAT32 or ext3 filesystem"

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    9. Re:Huh? by russ1337 · · Score: 3, Funny

      I wonder if it's illegal now to just forget. "I'd love to help you officer, but I guess I just forgot it!"

      IIRC, that's been the case since the RIPA was first proposed. If the police come knocking and say "Give us the key", the burden of proof is on you to be able to show that you can't. (How on Earth you're meant to prove that you can't give them something like that is your problem).

      Failure to give them the key can lead to 3 years in prison. There was also talk of a proposal whereby if you discuss the order to hand over the key with anyone, you can get 5 years in prison.

      (All of this is based on several-year-old memories from articles in The Register, YMMV, IANAL, OMGWTFBBQ).

      I'd just say the password is "the name of the second gunman on the grassy knoll". When the agent instantly types, you know there was one.

      oh, that's right. It's actually the name of the town where Elvis is under witness protection...

    10. Re:Huh? by Chrisq · · Score: 3, Insightful

      This of course leaves a brilliant way to set someone up. Send them an encrypted email. Anonymous tip off to police. Wait until police ask them for the keys. Of course they cannot prove that they don't know the key so off to jail they go.

      Someone sent encrypted files to the Home Secretary once, which included details of a crime (reported by someone outside the UK). I expect it was driving over the speed limit or littering or something minor, but even so they could then genuinely inform the police that he home secretary had an encrypted email detailing a crime.

    11. Re:Huh? by mSparks43 · · Score: 2, Interesting

      Being from the UK, dealing in AI work that is both time sensitive and something the idiots in power really want to get their hands on, this affects me directly. My solution: I developed a simple 'cryptocard', its a postscript file that consists of several random numbers printed on a credit card size piece of paper (and several different cards per page), all you do is remember a simple, constant password, that joins these random numbers together, new password needed, no problem, just print a new card with new numbers and use your old password to link the new numbers. This has the added benefit, that if some idiot in a uniform wants your password, all you have to do is burn the card, and the key can never be recovered.

    12. Re:Huh? by scientus · · Score: 1

      There was also talk of a proposal whereby if you discuss the order to hand over the key with anyone, you can get 5 years in prison.

      This is because they know its wrong and are trying to prevent people from getting their fair defence.

    13. Re:Huh? by Thiez · · Score: 1

      That is awesome. From the article:

      "The key to the computer equipment is no different to the key to a locked drawer," the court found. "The contents of the drawer exist independently of the suspect; so does the key to it. The contents may or may not be incriminating: the key is neutral."

      I guess we can conclude that destroying those cards wouldn't even be destroying evidence, since they are apperantly 'neutral' and independent of the incriminating stuff.

      I like your card thingy.

    14. Re:Huh? by Anonymous Coward · · Score: 0

      It's 5000 consecutive digits of PI, auto generated from a PI calculator, starting at digit... erm, I've forgotten! good luck =)

    15. Re:Huh? by Anonymous Coward · · Score: 0

      I wonder if it's illegal now to just forget ... (How on Earth you're meant to prove that you can't give them something like that is your problem.)

      Lie detector test perhaps? Just a thought...

    16. Re:Huh? by bmsleight · · Score: 1
      I tended to agree with your assessment, but the in the detailed Court Summary -

      On analysis, the key which provides access to protected data, like the data itself, exists separately from each appellant's "will". Even if it is true that each created his own key, once created, the key to the data, remains independent of the appellant's "will" even when it is retained only in his memory, at any rate until it is changed. If investigating officers were able to identify the key from a different source (say, for example, from the records of the shop where the equipment was purchased) no one would argue that the key was not distinct from the equipment which was to be accessed, and indeed the individual who owned the equipment and knew the key to it. Again, if the arresting officers had arrived at the premises in Sheffield immediately after S had completed the process of accessing his own equipment enabling them to identify the key, the key itself would have been a piece of information existing, at this point, independently of S himself and would have been immediately available to the police for their use in the investigation. In this sense the key to the computer equipment is no different to the key to a locked drawer. The contents of the drawer exist independently of the suspect: so does the key to it. The contents may or may not be incriminating: the key is neutral. In the present cases the prosecution is in possession of the drawer: it cannot however gain access to the contents. The lock cannot be broken or picked, and the drawer itself cannot be damaged without destroying the contents.

    17. Re:Huh? by Anonymous Coward · · Score: 0

      There was also talk of a proposal whereby if you discuss the order to hand over the key with anyone, you can get 5 years in prison

      That's the "tipping off" offence, and yes it's present in the final bill. RIPA is truly one of the worst laws ever passed by a democratic government.

    18. Re:Huh? by VShael · · Score: 1

      Mark Thomas (activist/comedian) had the idea that people send CD-Roms/emails with encrypted data to their MP.
      Then tip off the police that illegal encrypted information is in their possession.
      When they demand the MP hand over the password, and the MP can't, maybe then they'd realise that the law is stupid.

      Of course, this requires that the police actually investigate those in power. And we all know that never happens. :(

    19. Re:Huh? by Bragador · · Score: 1

      Yes. Except for the fact that it is not valid. http://skepdic.com/polygrap.html

    20. Re:Huh? by Ngwenya · · Score: 1

      IIRC, that's been the case since the RIPA was first proposed. If the police come knocking and say "Give us the key", the burden of proof is on you to be able to show that you can't.

      Nah - they first have to show what reasons they have to believe that you have the key. An old bit of ciphertext lying around which is months old would be childsplay for any competent lawyer to show that you couldn't remember the key.

      Failure to give them the key can lead to 3 years in prison.

      Two years. Five in the case of an terrorism related investigation.

      There was also talk of a proposal whereby if you discuss the order to hand over the key with anyone, you can get 5 years in prison.

      S.59 - tipping off offence. But they have to show that the course of the investigation would be compromised if you disclosed that your key was under police control. However, revoking your key is not a violation of S.59. (Just don't revoke it with the reason code of "The rozzers have my key").

    21. Re:Huh? by houghi · · Score: 1

      That only works if you are a politician.

      --
      Don't fight for your country, if your country does not fight for you.
    22. Re:Huh? by DavidTC · · Score: 1

      Sure, officer, you can have my key. It's 'I buried the bodies at the coords -32...'...hey, wait a minute, you're trying to get me to incriminate myself, I want a lawyer!

      --
      If corporations are people, aren't stockholders guilty of slavery?
    23. Re:Huh? by deadcellplus · · Score: 1

      That would depend on the manner of encryption now wouldn't it.

    24. Re:Huh? by DavidTC · · Score: 1

      You know what's interesting? TrueCrypt lets you use a file as a passphrase.

      This is 'truly' existing independently of your will...but could you be forced to identify which file it was?

      --
      If corporations are people, aren't stockholders guilty of slavery?
    25. Re:Huh? by Anonymous Coward · · Score: 0

      Well, that's just silly. What if I can't remember how to un-ROT13 the data, and the police can't figure it out either? 3 years in jail for not remembering an algorithm!!

    26. Re:Huh? by dcam · · Score: 1

      So cite that in court. Plus add that the Government thinks the court is stupid. That will rile the judges enough to judge in your favor.

      Go talk to a lawyer before you issue legal advice. I'm not a lawyer but even I know that raising something that is completely unrelated will not help your case.

      --
      meh
  8. Disclosing a key is disclosing knowledge by Ed+Avis · · Score: 4, Interesting

    Suppose some incriminating evidence exists but it is hidden in a secret location. Can you be forced to disclose that location?

    If not, then why not store your encrypted data on a huge partition of random data. To get it you need both the key and the location of the data. The latter you can simply refuse to disclose.

    --
    -- Ed Avis ed@membled.com
    1. Re:Disclosing a key is disclosing knowledge by Artraze · · Score: 1

      > If not, then why not store your encrypted data on a huge partition of random data. To get it you
      > need both the key and the location of the data. The latter you can simply refuse to disclose.

      That's (mostly) a no-go. Denying the police access to evidence (when the court says they are entitled to it) is always going to get you in trouble for hindering an investigation. Of course, this is only if they can prove you have some encrypted data, but are unable to determine where it's hidden. This is rather unlikely, so the hiding is either going to be useless or prevent them from asking for the key in the first place.

      > Suppose some incriminating evidence exists but it is hidden in a secret location.
      > Can you be forced to disclose that location?

      I believe the answer is 'yes', but I could be wrong (as destroying evidence is illegal). The thing is that they have to be able to prove the evidence exists and that you know where it is. That's not trivial. You can't charge a murder suspect for not answering "Where's the body" since you have no basis on which to claim he knows (he's innocent until proven guilty).

    2. Re:Disclosing a key is disclosing knowledge by MadKeithV · · Score: 2, Interesting

      Just have two keys. The real key, and a key that when used de-scrambles all the data as 18th century political tracts.
      Hand out the second one.

    3. Re:Disclosing a key is disclosing knowledge by Yvanhoe · · Score: 1

      Of course, this is only if they can prove you have some encrypted data, but are unable to determine where it's hidden. This is rather unlikely, so the hiding is either going to be useless or prevent them from asking for the key in the first place.

      Last time I gave this opinion here, I was retorted with a smart argument involving truecrypt : have an encrypted volume with personal but not so important data on it, then put an encrypted hidden volume inside the already encrypted volume. If you give the first key to law enforcement officers, they won't be able to determine if the data in the unallocated part of your first TC volume is really random or hides other data.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    4. Re:Disclosing a key is disclosing knowledge by freedom_india · · Score: 1

      18th century political tracts can get you hanged.
      Our beloved Labor thinks we live under King George and his Monarchy.
      So if they see something like Declaration of Independence, or Common Sense or Federalist Papers they will automatically assume you are a secceionist and seditionist and hang you first before bringing you to court.
      They will even claim you were hanged because you resisted arrest.
      And this comes from a paranoid government that doesn't lose a heartbeat when its officials regularly lose laptops full of citizens private information or even state secrets.
      Probably someone should lose a laptop containing all the secret bank accounts and money owned by Labor officials, it would be fun to read them in Punch or Sunday times.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    5. Re:Disclosing a key is disclosing knowledge by freedom_india · · Score: 0

      You can't download TrueCrypt in UK.
      Try it...The web page times out.
      You need to download the same from rapidshare or elsewhere.
      Denial of access to tools which can protect your privacy is the first steps towards 1984.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    6. Re:Disclosing a key is disclosing knowledge by Ed+Avis · · Score: 2, Informative

      I just downloaded truecrypt-6.0a-opensuse-x64.tar.gz without problems to my PC sitting within 500 metres of St Paul's cathedral. A file failing to download is hardly unknown. A conspiracy theory should be the explanation of last resort, not the first.

      --
      -- Ed Avis ed@membled.com
    7. Re:Disclosing a key is disclosing knowledge by baadger · · Score: 1

      A 'massive partition' of random data is no good for hiding a key.

      A drive of say... 500GB has about 500 trillion offsets at which you can hide a key, (if the key is 256bit then the last 31 bytes are invalid starting offsets... but that is negligible).

      Unfortunately 500 trillion is only a ~39 bit number, so you've just hidden a 256bit key under a 39bit protection scheme, which is well within feasibility of bruteforcing.

    8. Re:Disclosing a key is disclosing knowledge by Ed+Avis · · Score: 1

      Actually it has 8 * 500 trillion offsets since a 500Gbyte drive is 4000 gigabits. So 47 bits of randomness. I take your point though, it's not much.

      Conceivably you could hide each bit of your 256 bit key at a different place on the disk... but I doubt a court would buy that argument even if the earlier one had some hope of working.

      --
      -- Ed Avis ed@membled.com
    9. Re:Disclosing a key is disclosing knowledge by Anonymous Coward · · Score: 0

      But in the case of most encryption they already know the location.
       
      The more interesting question is what about "hidden" drives such as Truecrypt?

    10. Re:Disclosing a key is disclosing knowledge by Anonymous Coward · · Score: 0

      because then they will try the key on every part?

    11. Re:Disclosing a key is disclosing knowledge by akadruid · · Score: 1

      Works for me (London E1)

      Perhaps you're behind a content filter? Or have the wrong address? Try this:

      http://www.truecrypt.org

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    12. Re:Disclosing a key is disclosing knowledge by seann · · Score: 5, Informative

      It's too bad there wasn't an awesome program like True Crypt (http://www.truecrypt.org/) that let you have two separate keys for an encrypted volume so that you could give a "fake" key that shows "fake" data.

      --
      I'm a big retard who forgot to log out of Slashdot on Mike's computer! LOOK AT ME.
    13. Re:Disclosing a key is disclosing knowledge by MadKeithV · · Score: 2, Interesting

      That's pretty cool - mod parent informative please. TrueCrypt goes even further than my suggestion allowing an entire decoy OS.

    14. Re:Disclosing a key is disclosing knowledge by Hatta · · Score: 1

      Wouldn't that be something. Constable orders you to decrypt your secret partition. You give him your passphrase and all he gets is a copy of On Liberty by John Stewart Mill.

      --
      Give me Classic Slashdot or give me death!
    15. Re:Disclosing a key is disclosing knowledge by Ngwenya · · Score: 1

      18th century political tracts can get you hanged.
      Our beloved Labor thinks we live under King George and his Monarchy.
      So if they see something like Declaration of Independence, or Common Sense or Federalist Papers they will automatically assume you are a secceionist and seditionist and hang you first before bringing you to court.

      Mate, are you feeling all right? Have you been overexposed to "Have Your Say" on the BBC's site? I should tell you that that area of the website is reserved for BNP fuckwits and other such retarded morons.

      We don't actually have the death penalty in the UK, y'know. So they can't hang you. Ever.

      And it's "Labour", not "Labor". The Aussies spell it like that, as do the Yanks.

    16. Re:Disclosing a key is disclosing knowledge by Anonymous Coward · · Score: 0

      Isn't that exactly what truecrypt does? You have one key to let them decrypt your linux iso's and another key to decrypt the real stuff from the unused space in the volume. The whole idea being that you can't prove the existence of keys beyond the first key.

    17. Re:Disclosing a key is disclosing knowledge by Tom · · Score: 1

      Yes, good idea, old idea. Unfortunately, the math behind this type of encryption is too heavy to be feasable for actual use without considerable advantages in computing power first.

      Of course, you can have multiple layers of encryption, but then you still have the problem of proving that there are no more layers, and so on.

      If there were a simple solution, you can be sure there would be a product on the market already.

      --
      Assorted stuff I do sometimes: Lemuria.org
    18. Re:Disclosing a key is disclosing knowledge by Vee+Schade · · Score: 1

      Privilege against "self-incrimination" means you can't be forced to give testimony, make statements, or generally divulge information about all the naughty little things you've done when suspected of wrong-doing (or not). In most circumstances, this also includes in written form. Iow, you can't be forced to "confess". However, if you willingly provide such information -- even if unwittingly so during a police "interview", on your tax forms, etc. -- then your "privilege" is not violated...

      Note that this has nothing to do with having your papers and personal effects seized and searched -- which is what this person was actually arguing against in the wrong context, even if he thought he was doing otherwise. If you've already committed the information to a form which can be seized, then you've already done the harm to yourself... and your "privilege", which you've already 'waived', is not in danger of being violated when they do seize the information. To use the judge's analogy, the police were not forcing him to confess anything, they were merely demanding access to his "house" so they could search it for evidence which they believe is already there! This is something different and, apparently, this person made no objections to that. Did they have a warrant for the search? Did they need a warrant for the search? Those are the questions this person needed to argue.

      --
      "LinuX - Dropping the c u r t a i n on Windoze." -- Vee Schade, vschade at mindless dot com
  9. Hide your data (plausible deniability+ physically) by apathy+maybe · · Score: 2, Interesting

    Obviously then, the way to prevent the cops from knowing about your encrypted data is to hide it from them. If they don't know about the encrpyted file, they can't ask for the password.

    Two ways, plausible deniability (if you haven't heard of TrueCrypt yet, check it out>) is the way that most of you will use.

    The other way is physically hiding the disk. Have a garden that you use, and store your data in multiple plastic bags and bury it.

    The other thing you could do, have a strong magnetic field that is triggered in certain scenarios that will wipe your box of floppy disks/hard drive. Example scenarios include the cops breaking down the door, or the door being opened without a button being pressed.

    --
    I wank in the shower.
  10. Why these jokers didn't say i forgot.... by freedom_india · · Score: 4, Insightful

    Why these jokers didn't say i forgot i will never know.
    I mean how hard is it to NOT self-incriminate oneself: Say you forgot. Just like every other government official says after losing a laptop full of Witness Protection persons or intelligence officers, etc.
    They can't compel you to recall something you don't remember.
    Simply say "iam sorry i can't remember: my memory is a bit hazy from all the manhandling the cops did, your honor."
    What's the worst? Gitmo? I don't think so (although Britain has a track record of renditioning suspects to US).
    At a time when courts and the government make a combined assault on our privacy and rights, while being more secretive themselves, it is up to us protect ourselves. Call me paranoid, but am the Burt Gummer type.
    The Government has NO right to force me to divulge my self-secrets just like i can't force a government of the people, by the people and for the people to divulge its dirty secrets.
    I can't be transparent when the Government wants to be opaque.
    After all it has been proven that the Government cannot be trusted even with the most basic secrets.
    What is the criminal penalty for jokers who lost various laptops holding government secrets and OUR data? NONE.
    What is the financial and criminal penalty the Government will pay if it causes me harm by leaking my secrets? NONE.
    Until the Government pays for its mistakes(and heavily), am not going to divulge anything more to it. After all the Government am not trusty enough to know about its secrets, so why should i trust Government.
    Ben Franklin, Hamilton and Mark Twain were absolutely right: You CANNOT and SHOULD NOT trust the government, if it doesn't trust you.

    You can take my keys from my cold dead hands.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
    1. Re:Why these jokers didn't say i forgot.... by clarkkent09 · · Score: 1

      I mean how hard is it to NOT self-incriminate oneself: Say you forgot.

      Sure, it's done all the time. You are opening yourself to perjury though, which could be a more serious charge than the original crime. As far as I know you need a certain amount of time to pass before "i forgot" can be taken seriously by the judge/jury. You can't open a combination lock one day and claim that you forgot the key the next day.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    2. Re:Why these jokers didn't say i forgot.... by Richard+W.M.+Jones · · Score: 2

      They don't say they forgot because there's usually other evidence that they know the key.

      For example, timestamps on the encrypted file, unencrypted corroborating data in a swapfile, or evidence that the machine was switched on at some recent point in time.

      By the way, everyone gets it wrong, but RIPA does not require that you reveal your key. It requires that you make the data available in "intelligible form". You can read the details here.

      Rich.

    3. Re:Why these jokers didn't say i forgot.... by freedom_india · · Score: 4, Interesting

      It is interesting to note than while section 53 states criminal penalties for non-disclosure on part of defendant, section 55 does NOT state any criminal penalties against misuse/abuse of such information.
      The Government has covered its shiny metal a$$ well with this section.
      So the courts can sentence you to 6 months imprisonment for NOT revealing the key, but if you reveal the key and some government official loses it in the next train (which happens monthly), the CP or the government official cannot be imprisoned for the loss or any such loss caused to you by that loss.
      Brilliant!
      All the more reason for me to NOT give out my key.
      Until such time i see a CP or a minister sentenced to jail for loss of residents' confidential information, am not comfortable with providing ANY information to this orwellian government.
      I WILL claim memory loss for this. let them prove am lying

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    4. Re:Why these jokers didn't say i forgot.... by amck · · Score: 1

      Because saying "I forgot" is specifically NOT a defense under the UK Act.

      One of the big 'weaknesses' of the act, as argued before it was passed, is that if someone was to spam you with a block of random data,
      the police could demand that you hand over the encryption key or face 5 years jail. You don't know anything about it, so you don't
      have the key ...

      Oh, and under the bill currently going through Parliament, they (the govt) get all a copy of all email.

      --
      Anyone who believes exponential growth can go on forever in a finite world is either a madman or an economist
    5. Re:Why these jokers didn't say i forgot.... by TheP4st · · Score: 1

      You can't open a combination lock one day and claim that you forgot the key the next day.

      Sure you can. Next to everyone working in a IT helpdesk can tell you about users calling you saying something along the lines. "Ehhm I just changed my password and can't remember what I changed it to. Can you reset it?"

      If in position where asked to reveal your password, give them a ludicriously long one and say that you just changed it and don't remember the exact caps usage, replacement of letters by numbers etc. Likely to be true? No. Plausible enough for the court? Probably. Will it help them to bruteforce their way into your data? No.

      --
      "I have downloaded hundreds and hundreds of records, why would I care if somebody downloads ours?" Robin Pecknold
    6. Re:Why these jokers didn't say i forgot.... by freedom_india · · Score: 1

      Well, if the Government can invoke such defense, then so can i.
      More often we see the Government refusing to reveal any information to courts to convict people, but demand their conviction neverthless stating that revealing proof will make it more dangerous for citizens! They neither trust the courts, nor the defendant. But we are expected to blindly trust the Supreme Government to give away our personal lives so that some old, bald, a$$ can lose this information on a train home with no fear of reprecussions of any kind.
      Hell, if the government can get away with a defense like "Pursuing this bribery case will result in serious oil supply disruptions", then so can i.
      let them prove i committed perjury. I tend to forget a lot: including the exact time i took a dump yesterday, so am safe.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    7. Re:Why these jokers didn't say i forgot.... by Ngwenya · · Score: 1

      if you reveal the key and some government official loses it in the next train (which happens monthly), the CP or the government official cannot be imprisoned for the loss or any such loss caused to you by that loss.

      Police evidence is officially protected information. Failure to treat it properly is quite enough to get someone charged.

      When the dickheads in the government lose data, they are actually guilty of criminal offences. The fact that few actually get nailed is a failure of enforcement, not law.

    8. Re:Why these jokers didn't say i forgot.... by Ngwenya · · Score: 1

      Because saying "I forgot" is specifically NOT a defense under the UK Act.

      Oh, bollocks. S.53.(3)(b) says that the prosecution will fail if the prosecution cannot show beyond reasonable doubt that you do have the key to protected information. In other words, "I forgot" is a defence. Whether the jury believes you is another matter.

      Oh, and under the bill currently going through Parliament, they (the govt) get all a copy of all email.

      Do they fuck. The proposal is that email telemetry (ie headers) gets stored. Not content. Storing content without a specific court order is illegal. Which is still a fucking outrage, but please don't give the fascists an argument by putting up strawmen.

    9. Re:Why these jokers didn't say i forgot.... by freedom_india · · Score: 1

      Sure, show me ONE instance where the responsible MP or CP or a minister has been jailed by the overzealous courts who seem intent on taking away the common man's rights.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    10. Re:Why these jokers didn't say i forgot.... by KlausBreuer · · Score: 1

      And you think they'll believe you?

      "What's the worst? Gitmo? I don't think so" - but I do. They'll simply claim that you're obviously a terrorist, that you probably planned some or other eeeeevil thing, and that the contents of your key might save hundreds of lives.
      Obviously they'll ship you to their good friends in the US, and you will very definitively remember the key. By then it's too late, of course, as you will not be let back out. Could result in bad press, you know.

      --
      Free PC version of ChipWits at http://www.breueronline.de/klaus/chipwits/
    11. Re:Why these jokers didn't say i forgot.... by Anonymous Coward · · Score: 0

      "You can take my keys from my cold dead hands."

      "And we gladly will!"

      Unfortunately the government also has the ability to create laws by which WE abide. So, under the pretext that it works for us, we give it powers to define what WE can and can not do, and define punishments for noncompliance.

      Refusing to incriminate oneself becoming a criminal offense is a wonderful example of where the unlimited trust we've given to our governments has led us. The governments like any empowered entity without accountability, have swayed their actions away from service (giving, respect) and into abuse (taking).

      When are we going to finally wake up to the fact that our trust has been betrayed and the good men we elected for mayor, banker and sheriff have become criminally abusive and irresponsible?

      Posting this as an Anonymous Coward, keeping in mind the day when expressing disapproval of the government will be retroactively criminalized.

    12. Re:Why these jokers didn't say i forgot.... by mrjimorg · · Score: 1

      Your right. The correct phrase is "I do not recall at this time". It doesn't state that you forgot, just that at this time you are not recalling it, and thus prevents the perjury charge. See, we did learn something from Hillary Clinton

    13. Re:Why these jokers didn't say i forgot.... by sydb · · Score: 1

      Spam. That's the answer. If you have some data you want to protect, use strong encryption on it and a spambot network to distribute it to millions of people, including yourself. Make sure it ends up in your spam folder. Make sure you remove any "evidence" of having decrypted it.

      At last, a use for spam!

      --
      Yours Sincerely, Michael.
    14. Re:Why these jokers didn't say i forgot.... by Ngwenya · · Score: 1

      Well, actually, the guy who left an MoD laptop on the train is being prosecuted right now. Now, that's not an MP, but since it wasn't an MP who lost the laptop, it doesn't really seem fair to nail one of their number.

    15. Re:Why these jokers didn't say i forgot.... by freedom_india · · Score: 1

      The poor guy who lost the laptop should not be prosecuted.
      His boss who authorized the laptop to this poor guy should be jailed.
      That's how the reich worked. And that's how this should work.
      The UK government wants to shred the last cloth of privacy and peek into our bedrooms and toilets: this is what the reich did.
      But the reich also handed swift punishments to those did shoddy work.
       

      --
      "Doing what i can, with what i have." ~ Burt Gummer
  11. Logic ? by Anonymous Coward · · Score: 0

    In its ruling, the appeals court said an encryption key is no different than a physical key and exists separately from a person's will.

    Ummm ... an encryption key that exists only in someone's memory is clearly 'different' than a physical key ... choosing to divulge (or not) a memorized key is clearly a demonstration of 'will' ...

    1. Re:Logic ? by clarkkent09 · · Score: 1

      Well I guess a parallel can be made with a physical lock that is opened with a number combination. You would have to open it if the police have a warrant, even though the combination is stored only in your memory.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    2. Re:Logic ? by Chatterton · · Score: 1

      No you don't have to open it because sometimes you can't open it (ex: it's not you who put the lock). The warrant grant them the right to break it themself if needed.

    3. Re:Logic ? by aproposofwhat · · Score: 1

      You would have to open it if the police have a warrant, even though the combination is stored only in your memory.

      Under which UK law, precisely?

      AFAIK, the only recourse the police have if I refuse to divulge the combination to my safe is to engage a locksmith to drill the safe.

      The contents of my mind are not, repeat not, accessible under a warrant.

      And if Jaqui Schmidt, Herr Braun and their Neues Arbeit stormtroopers say otherwise, well I'm first on the cattle wagons.

      --
      One swallow does not a fellatrix make
    4. Re:Logic ? by Anonymous Coward · · Score: 0

      Posting anonymously for obvious reasons. I concluded a while back that the right thing to do in this circumstance was to rigidly stick to the argument that I never memorised the passphrase and it was written down on the post-it note stuck on the back of the drawer on my desk. There is even a band of post-it glue there, just in case. Sadly, the post-it appears to have got lost, so I can then start making noises about suing the police for losing the key to my personal data when they came in and took my laptop away

  12. dude by Anonymous Coward · · Score: 0

    you know where i can find a free whitepaper?

  13. Re:Hide your data (plausible deniability+ physical by dredwerker · · Score: 1
    Plausible Deniability Has to be the way forward from the TC website.

    In case an adversary forces you to reveal your password, TrueCrypt provides and supports two kinds of plausible deniability:
    1. Hidden volumes (for more information, see the section Hidden Volume).
    2. It is impossible to identify a TrueCrypt volume. Until decrypted, a TrueCrypt volume appears to consist of nothing more than random data (it does not contain any kind of "signature"). Therefore, it is impossible to prove that a file, a partition or a device is a TrueCrypt volume or that it has been encrypted. However, note that for system encryption, the first drive track contains the (unencrypted) TrueCrypt Boot Loader, which can be easily identified as such (for more information, see the chapter System Encryption). In such cases, plausible deniability can be achieved by creating a hidden operating system (see the section Hidden Operating System).

    --
    On a long enough timeline. The survival rate for everyone drops to zero. Chuck Palahniuk, Fight Club, 1996
  14. forget it? by Anonymous Coward · · Score: 0

    What if you claim (perhaps even honestly) that you forgot it? Can they prove you are being dishonest? What is the punishment? I am guessing detention for some period of time.

  15. Re:Hide your data (plausible deniability+ physical by Deaddy · · Score: 1

    Thermite would probably be the better and easier choice, because as far as I know, the magnetic fields you'd need to wipe out a disk are very strong (guess some T). Furthermore, it's much easier to set off a fuse without external power than a electricity powered coil.
    However, it's not guranteed, that they x-ray your case before they open it, so some additional security layers would be needed.

  16. Make the key physical by Anonymous Coward · · Score: 0

    Do not memorize the key, write it on a peace of paper. Then kill someone and hide the paper with the body.

    1. Re:Make the key physical by Chrisq · · Score: 1

      That's quite an interesting idea. Your solicitor could then submit a sworn affidavit saying he had seen evidence that revealing the key would incriminate you in an unconnected case.

    2. Re:Make the key physical by Slashdot+Parent · · Score: 1

      Your solicitor could then submit a sworn affidavit saying he had seen evidence that revealing the key would incriminate you in an unconnected case.

      Prosecutor: OK, I'll grant immunity from that evidence ever being used against you. Now give me the fucking key.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    3. Re:Make the key physical by Anonymous Coward · · Score: 0

      Then the prosecutor will have my Tom of Finland collection and I'm getting away with murder.
      Sounds like a win-win situation.

  17. So anyone want to do this.... by 91degrees · · Score: 3, Interesting

    Create an encrypted file. A lolcat or something. Encrypt it. Encrypt it again. Encrypt it again. Encrypt it again. Encrypt it again. And so on... See how long it takes for the police to get bored. You would need some decent legal representation to make sure to keep a loophole open so they can't demand all encryption keys.

    1. Re:So anyone want to do this.... by jamesh · · Score: 4, Interesting

      Is there a system which will allow the use of a 'duress' key? If the duress key is given instead of the real key the encrypted data is erased. This would be easy enough to defeat by a suitably motivated investigator, but they'd have to have figured out what was going to happen first...

    2. Re:So anyone want to do this.... by scientus · · Score: 3, Informative
    3. Re:So anyone want to do this.... by meringuoid · · Score: 1
      Is there a system which will allow the use of a 'duress' key? If the duress key is given instead of the real key the encrypted data is erased. This would be easy enough to defeat by a suitably motivated investigator, but they'd have to have figured out what was going to happen first...

      The first thing they do is take a backup of the evidence. Then they work from that, not the original. If they do anything at all to the original other than taking a faithful bit-for-bit copy, the defence can claim they planted the evidence there.

      Instead, make the duress key decrypt to a volume full of really kinky but not illegal porn, and the real key decrypt to what it is you really want hidden. That'll satisfy the police, as you have a good reason to encrypt that stuff. I believe TrueCrypt supports this kind of trick.

      --
      Real Daleks don't climb stairs - they level the building.
    4. Re:So anyone want to do this.... by Wavebreak · · Score: 3, Informative

      Not quite, but TrueCrypt has supported hidden volumes for a long time. That is, the encrypted container has two passwords, one will open the main volume that you can fill with sensitive/private but non-incriminating stuff, while the other opens the hidden volume within the same container. It's also completely impossible to tell whether or not a given container has a hidden volume.

      --
      Nobody expects the British Columbia Human Rights Tribunal.
    5. Re:So anyone want to do this.... by locofungus · · Score: 3, Informative

      Yes and no. :-)

      The "duress" key cannot possibly guarantee to erase the encrypted data - after all someone can make a copy of the encrypted data before entering the duress key.

      However, OTP has a "duress" key (actually it has many). The real key decrypts the data to whatever you stored. But the duress key decrypts the same data to war and peace (or whatever you think appropriate). The duress key has to be regenerated every time the real data is changed.

      One problem is that the two keys are each as large as the original data. So the fundamental problem becomes keeping the two keys secure and being able to supply the duress key without revealing the real key.

      If you managed it sufficiently well, OTP is unconditionally secure in this way. Truecrypt attempts to do the same without the key management problem. As a result it's usable but there are possibly hints that will show that there is another key.

      There are some other possible defenses - for example consider a disk encrypted with a key. If you shut down the computer correctly, the key is written to the disk (or a usb stick etc) before shutdown. If the computer is shutdown inappropriately then the key is lost. When the computer starts up again it reads the key but then generates a new one and proceeds to reencrypt the entire disk with the new key.

      Of course, you're a bit screwed if the power fails.

      I've actually considered trying to implement something like this using fr1 and network block devices to have a RAID1 setup on two computers. That way you're protected if one computer crashes for any reason. Put them on a UPS and you can decide whether you want to auto-shutdown when the battery gets low or whether you will require a special action otherwise the data is lost.

      AIUI, in the UK when the police do a raid they're allowed to move the mouse to wake up the screen in case there's anything on it but after that the first thing they do is pull the power. So a UPS solution would be ok.

      It's all a rather academic interest for me. I do have a small encrypted partition where I keep a record of usernames/passwords/secret information etc including banking information. I have a cron job that unmounts the encrypted partition every hour, so I don't forget and leave it mounted. But while it would be an enormous pain for me to have to disclose the key it's not something I need plausible deniability of knowing the key. (The partition is only 10Mb - initially at least I might try to withhold the key by arguing that whatever they were looking for could not possibly be just 10Mb but I'd not go to jail over it)

      More concerning is that I've played with gpg, encrypted partitions etc and I've got stuff scattered around that is encrypted that I've no idea what the key is or was. Mostly I try and delete experiments like that but I do a nightly backup and I can go back several years so some of these experiments will be on backups somewhere. Unless the key is something like test, test1234, hello, fred then I'm never going to be able to decrypt it. (Of course, the emails I've encrypted have always just had the text "test", "test1234" etc so they're going to be a big disappointment to whoever manages to decrypt them :-)

      Tim.

      --
      God said, "div D = rho, div B = 0, curl E = -@B/@t, curl H = J + @D/@t," and there was light.
    6. Re:So anyone want to do this.... by arotenbe · · Score: 1

      Create an encrypted file. A lolcat or something. Encrypt it. Encrypt it again. Encrypt it again. Encrypt it again. Encrypt it again. And so on... See how long it takes for the police to get bored.

      Even better: use an old, weak encryption scheme with a small search space. Find one of its fixed points. Write it to a file. See how long it takes for you to get jail time...

      --
      Tomato wedge sperm darts that are Republican.
    7. Re:So anyone want to do this.... by Anonymous Coward · · Score: 1, Informative
      You're looking for deniable encryption...

      You get caught, you give them the top-level keys, etc. There's no way to prove that the second layer exists! And yes, a/c because even telling you about this sort of software is probably illegal now in the UK (think of the children! Stop the terrrrrists! etc!)
      <rant>(Curtain-twitching, Daily-Mail-Reading, Noseyfuckingbastards Sheeple)</rant>

    8. Re:So anyone want to do this.... by Safari · · Score: 1

      Investigator equipped with non-negative amount of brain cells clones the hard disk or whatever the random bits are located on.
      Then he can try as many times as he/she wishes.

    9. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      THAT is a good idea!

    10. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Impossible. They probably copy the encrypted data multiple times and use their own decryption program. Unless you just invented your own encryption algorithm/program and they have to use that. In which case they wouldn't be so stupid as to not make a few copies of the encrypted data first.

    11. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Bad idea in my opinion. First the law enforcement has copies. Second, it shows you tried to destroy the evidence, even if they don't know what it is.

    12. Re:So anyone want to do this.... by Eivind · · Score: 5, Interesting

      A duress-key that wipes data is no good. Any serious investigation will take a complete copy of the data as the first step, so wiping does you no good at all.

      What you can do, and which is done, is to have "plausible deniability". Truecrypt does it like this:

      You have a 1GB (for example) file that contains an encrypted filesystem that contains 500MB of files.

      The free space (500MB) *may*, or may not, contain a second encrypted filesystem. There is no way to tell without knowing the second "inner"-key.

      So, if pressed to give up the key, you give up the outer key, giving access to 500MB of perhaps mildly embarassing, but ultimately harmless stuff. If asked about the "inner"-key you say there isn't one. The default operation of Truecrypt is for there NOT to be one.

      So, it's plausible you're telling the truth; could be the volume is larger than the filesystem simply because you wanted space for more files. It's not as if a half-full filesystem as such is suspicious.

      It's unlikely they could force you to give up certain information without even showing a likeliness that the information EXISTS.

      That's "plausible deniability".

      You can say: "There is no second key", and there is no way of figuring out if that answer is truthful or not.

    13. Re:So anyone want to do this.... by AndyboyH · · Score: 1

      The problem is that 'really kinky but not illegal porn' these days isn't down in black and white either.

      I suspect Page 3 pictures from The Sun may even be illegal if they want them to be.

      to use the MIT acronym:
      IHTFP

      --
      Baka Drew
    14. Re:So anyone want to do this.... by dr_zukov · · Score: 1

      but they'd have to have figured out what was going to happen first...

      Unless they do their work on copies of your encrypted data, which I'd assume is SOP.

    15. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Why not say this is not an encrypted volume in the first place? How can they prove it is?

      BTW, the 'hidden volume' is flawed.

    16. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Yes. TrueCrypt can do this via an encrypted volume within another encrypted volume, provided that you don't mess it up there's no way to prove that the second volume exists. Of course you would need some convincing embarassing-but-legal fake secret material, maybe something like this ...

    17. Re:So anyone want to do this.... by NeoSkandranon · · Score: 1

      It's not as if a half-full filesystem as such is suspicious.

      Seems to me like the free space is made suspicious by the well-publicized fact that thanks to TrueCrypt, it could be another container with more goodies inside.

      I could easily see someone non-familiar with the software going "well why did you make this magic box bigger than it needs to be? And it says here you can hide stuff in the 'empty', so fess up"

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    18. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      you are assuming they haven't made an image of the data and it isn't backed up - since they usually leave the original data untouched and work off an image - which is forensically legal - this will only by you time and not keep your data private

    19. Re:So anyone want to do this.... by Slashdot+Parent · · Score: 1

      A duress-key that wipes data is no good. Any serious investigation will take a complete copy of the data as the first step, so wiping does you no good at all.

      Hopefully as encryption becomes more ubiquitous, we'll see more options than the current paradigm of "store the key alongside the data, but protect it with a (typically weak) passphrase". Why is it that the key has to be stored alongside the data, or on any type of generic storage medium (hard disk, thumb drive, etc.) at all?

      Why not store the key on some type of tamper-resistant specialized hardware device that if fed the correct credentials will cough up the key, but if fed a panic credential will wipe the key? Such a device could be designed so that it would be too costly to clone it or obtain the key via other means.

      --
      They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    20. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Truecrypt hidden operating system.

    21. Re:So anyone want to do this.... by skeeto · · Score: 1

      But the duress key decrypts the same data to war and peace (or whatever you think appropriate).

      I would use something legal and unincriminating, but possibly embarrassing, like pornography. That way the encryption would seem much more plausible; the nastier the porn the more plausible it is.

    22. Re:So anyone want to do this.... by zippthorne · · Score: 2, Insightful

      The free space (500MB) *may*, or may not, contain a second encrypted filesystem. There is no way to tell without knowing the second "inner"-key.

      How does the OS know which blocks are not okay to write to?

      --
      Can you be Even More Awesome?!
    23. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Really wouldn't have to. Just use hidden volumes within something like TrueCrypt. Keep budget stuff or things that would look "secret" in the outer container and another file inside that contains another encrypted volume.

    24. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      That wouldn't necessarily work. Any investigative body worth their salt will always make a duplicate copy of the suspect's hard drive and work off the image while keeping the original sealed. Plus, they will usually use a write blocker to prevent any writebacks to the image to preserve the integrity of the evidence. Assuming that they follow these basic procedures, they would discover that you've provided them with a duress key, your 'naughty' files would still be left intact and then they could charge you with attempting to destroy evidence, criminal mischief and interfering with a police investigation.

    25. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Nah, they could of just copied thew drive and then claimed you had a self destruct file designed to "hide" important state sponsored terrorism data.

      In other words they can make up whatever they want to.

      The best bet is to offer no resistance. Have a true crypt file hidden somewhere on the drive and if you're ever forced to give up the key simply use the "hidden" data option.

        And even that doesn't really protect you from torture it just makes you seem compliant. You hide amongst the masses who do as they are told, sans resistance.

    26. Re:So anyone want to do this.... by Beryllium+Sphere(tm) · · Score: 1

      That's the theory. In practice, Bruce Schneier and a University of Washington team have found that once the native OS can see the formerly hidden data, copies get scattered all over:
      http://www.schneier.com/blog/archives/2008/07/truecrypts_deni.html

    27. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      Is there a system which will allow the use of a 'duress' key? If the duress key is given instead of the real key the encrypted data is erased. This would be easy enough to defeat by a suitably motivated investigator, but they'd have to have figured out what was going to happen first...

      Unfortunately, this would be a function not of the encrypted file but of the decryption software. Such a feature would either be disabled or not exist in a government type application.

      What would be even better (and this might be possible, I'm not a cryptographer) is to have a system where the 'duress' key would decrypt the file to a real, but alternate, result. Basically the idea being two files encrypted together using two keys, but appearing to be one file.

      Thoughts on that idea, anyone?

    28. Re:So anyone want to do this.... by Eivind · · Score: 1

      It doesn't.

      If you mount the encrypted outer container *without* providing the second password, then truecrypt has no way of knowing that the free space contains another filesystem. If you write to the outer container such that the free space comes under what is needed for the inner filesystem, the inner filesystem will get overwritten.

      So if there's 500MB of "outer" files and 400MB of "inner" files, then writing more than an additional 100MB to the "outer" container will fuck up the inner filesystem.

    29. Re:So anyone want to do this.... by Anonymous Coward · · Score: 0

      The first thing they do is duplicate your drive so there's no way you're going to erase the data.

  18. a difference by BradMajors · · Score: 1

    A difference between a physical key and an encryption key is that if you do not provide a key to a door or to a safe the police are capable of opening any door or any safe without the key.

    1. Re:a difference by apathy+maybe · · Score: 1

      And funny thing, that's exactly why (as I understand it) that the law was passed to force divulgence of encryption keys.

      Of course, they can't get it if I've forgotten. (For example, I have some photos of my SO that I've put in a folder that I subsequently encrypted. I subsequently forget the password (who needs to look at photos when you can look at the real thing?) and now can no longer get in. I would love to be able to remember the password, but I can't. Sorry officer, even if I could help you access photos of my partner, I can't. And you taking me to jail for 2 years isn't going to make me remember.)

      Thinking about the whole two years thing, it reminds me of that fellow in the USA who refused to tell the cops (and subsequently a jury?) the names of people in a movie he took at a demonstration. He was put away to teach him a lesson... (Can someone remember more details about that and link to them?)

      --
      I wank in the shower.
    2. Re:a difference by Anonymous Coward · · Score: 1, Insightful

      I have some photos of my SO that I've put in a folder that I subsequently encrypted. I subsequently forget the password

      Don't worry, I made backups for you, just like everyone else on the internet.

    3. Re:a difference by apathy+maybe · · Score: 1

      Bullshit you did. You cannot get a hold of these photos. At all.

      --
      I wank in the shower.
    4. Re:a difference by Anonymous Coward · · Score: 0

      Well done! By feeding the troll and using your karma bonus, you got people to realise that there's actually a reply. Even though it was (correctly) buried by moderation, you managed to dredge it up again so everyone sees that the comment exists. Don't feed the trolls, it just encourages them.

    5. Re:a difference by Anonymous Coward · · Score: 0

      It was a joke, you moron.

    6. Re:a difference by Anonymous Coward · · Score: 1, Insightful

      Oh dear, did AC insult your invisible girlfriend?

  19. Two things to bear in mind... by Gordonjcp · · Score: 2, Insightful

    Firstly, this doesn't mean that the police can come and demand your encryption keys at any time. This isn't the US, where the police can kick your door in at any time for any reason, just because they feel like having a look at your stuff and maybe relieving you of a few high-value items. If they're looking for an encryption key, it's pretty much going to be because they've already had a warrant to search your property. It really *is* no different to being forced to hand over the key to the basement dungeon where you keep your step-daughter - chances are that they already know what they're looking for and where to look for it.

    Of course, if you don't feel like handing it over, you can always say you left it on a bus, or in a taxi, or you posted it somewhere and it was never seen again...

    1. Re:Two things to bear in mind... by freedom_india · · Score: 1

      It really *is* no different to being forced to hand over the key to the basement dungeon where you keep your step-daughter - chances are that they already know what they're looking for and where to look for it.

      Chances are i know exactly the illegal bribes were paid to S.Arabia prince for arms and oil, so i can go knocking at 10, Downing street, enter the specific room and compel Brown to testify?
      Hurts doesn't it?
      Your kind of logic was already used by Goebbels and Himmler. Fear-mongering.
      Take an excellent example: logical real one: like finding who bribed the prince, who killed the scientist who opposed the Iraq war, etc.
      Now once the cops have solved all those crimes, they can come to my house, break open my door and seize my books and the beer my 17-year old drinks.
      Why don't the courts FORCE the government to continue the bribes investigation? Are they afraid of the Government? Now that would be interesting isn't it?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    2. Re:Two things to bear in mind... by Gordonjcp · · Score: 1

      Chances are i know exactly the illegal bribes were paid to S.Arabia prince for arms and oil, so i can go knocking at 10, Downing street, enter the specific room and compel Brown to testify?

      Great! Got enough evidence to get a warrant? No? Oh well, you're SOL then. Sorry, thanks for playing.

      Now once the cops have solved all those crimes, they can come to my house, break open my door and seize my books and the beer my 17-year old drinks.

      Any reason why they'd do that? Nothing illegal about having books, and you can drink beer at home when you're 8 in the UK. I think it's 4, for wine only.

    3. Re:Two things to bear in mind... by freedom_india · · Score: 1

      Great! Got enough evidence to get a warrant? No? Oh well, you're SOL then. Sorry, thanks for playing.

      The Scotland Yard had enough evidence to nail everyone involved, until such time the PM intervened and stopped the investigation forcefully after the Prince threatened diplomatic retaliation.
      My argument is why the courts where silent on this one: Why didn't they order scotland yard to continue? Can i get the same lenience from the courts?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    4. Re:Two things to bear in mind... by meringuoid · · Score: 2, Interesting
      Any reason why they'd do that? Nothing illegal about having books

      There are certain books that would get you in trouble. If they concern, for instance, highly exothermic chemistry, certain political movements especially in the Middle East and in Ireland, or exotic erotic practices, then you could be arrested for possession of 'material likely to be useful to terrorists' or 'obscenity'.

      --
      Real Daleks don't climb stairs - they level the building.
    5. Re:Two things to bear in mind... by Gordonjcp · · Score: 1

      As with anything else, context is everything. If you're an industrial chemist no-one would bat an eyelid. If you're a 15-year-old with Muslim extremist slogans painted on your schoolbag then you might find yourself getting asked rather pointed questions.

    6. Re:Two things to bear in mind... by delt0r · · Score: 1

      I think the point is that we don't trust the police to make sensible decision about context. And the Muslim bit is perhaps not really all that justifiable either. When I was 15 i had heavy metal extremist slogans all over my bag and some chemistry books that would have been very useful for making explosives.

      --
      If information wants to be free, why does my internet connection cost so much?
    7. Re:Two things to bear in mind... by Faylone · · Score: 1

      Sure, if you're able to cause some diplomatic retaliation on the level the prince could.

    8. Re:Two things to bear in mind... by freedom_india · · Score: 1

      ...and you are OK with your own government treating you worse than some no-good bribe-taking prince???

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    9. Re:Two things to bear in mind... by kraut · · Score: 1

      Firstly, this doesn't mean that the police can come and demand your encryption keys at any time. This isn't the US, where the police can kick your door in at any time for any reason, just because they feel like having a look at your stuff and maybe relieving you of a few high-value items. If they're looking for an encryption key, it's pretty much going to be because they've already had a warrant to search your property. It really *is* no different to being forced to hand over the key to the basement dungeon where you keep your step-daughter - chances are that they already know what they're looking for and where to look for it.

      You're really not paying attention: Under the RIP act, no warrant is involved. So yes, at least in theory, the police can ask you at any time, and you're not even allowed to seek legal advice on it. Worse, it's not just the police, it's also council busybodies etc etc etc.. Let's not bring Godwin into it...

      Of course, if you don't feel like handing it over, you can always say you left it on a bus, or in a taxi, or you posted it somewhere and it was never seen again...

      And then of course you'll go down for two years. In practice that means 1 year, probably minimum security open prison. Which is clearly such an effective deterrent that your money laundering, child-molesting terrorist will hand over the keys to all his incriminating data and go down for 15 to life [ or 7-20 years in practice, assuming they find space in the prison ].

      Logic and New Labour never really went together very well.

      --
      no taxation without representation!
    10. Re:Two things to bear in mind... by SimonGhent · · Score: 1

      Any reason why they'd do that? Nothing illegal about having books, and you can drink beer at home when you're 8 in the UK. I think it's 4, for wine only.

      But it's still illegal to buy that wine or beer for consumption by someone under 18...

      --
      simon
    11. Re:Two things to bear in mind... by Gordonjcp · · Score: 1

      But it's still illegal to buy that wine or beer for consumption by someone under 18...

      No, it's not. It's illegal to do so in a pub, not in an off-licence or other place where you don't actually consume it on the spot.

  20. Same as Service vs Commodity problem by slashmais · · Score: 2, Interesting

    We have not yet sorted out if software is a service or a commodity: if it is the latter then the '==physical key"-conjecture might hold; if a service then it is all in the mind...

    It seems the judge did not ask for, nor got sufficient evidence, which points to ($#@$ stupid) lawyers/barristers representing the cases.

    My gut feel is, apart from this miscarriage of justice, that the issue can only be resolved by investigating the intentions for encryption: if that intention was to protect the data from perusal by others, then this falls clearly under the gambit of "the privilege against self incrimination".

    --
    time time everywhere and not a second to spare
    1. Re:Same as Service vs Commodity problem by jimicus · · Score: 1

      It seems the judge did not ask for, nor got sufficient evidence, which points to ($#@$ stupid) lawyers/barristers representing the cases.

      I doubt it. The whole point of this particular part of the Regulation of Investigatory Powers Act was to overcome with legal force the issue that it is now possible to store a bunch of information - potentially information which reveals criminal activity - in a safe to which physical access is literally impossible without the key (which is essentially what an encrypted file is).

      Of course, depending on the crime in question, if that's the only evidence that exists you may be better off just telling the police that you're not giving them the key, they will never get it from you, please go forth and multiply. You'd be facing up to 3 years in prison but if you're hiding information which would get you life in prison, it seems like the only sensible option.

  21. Technical measures for key destruction by Lincolnshire+Poacher · · Score: 3, Interesting

    I am not a lawyer and this is not advice, but I did consult on the RIPA.

    If the encryption key is destroyed by a pre-configured ``technical measure'' then by my reading of the Act one cannot be held in contempt for failure to disclose.

    For example, a dead-man's switch that destroys all traces of keys if the owner does not log-in for a pre-arranged number of days.

    Note that *all* traces must be destroyed. The Act can compel other parties ( e.g. work colleagues or holders of back-ups ) to disclose even if they are not directly involved in the case.

    1. Re:Technical measures for key destruction by dredwerker · · Score: 1

      For example, a dead-man's switch that destroys all traces of keys if the owner does not log-in for a pre-arranged number of days.

      Kinda doesnt matter if you are dead ;)

      --
      On a long enough timeline. The survival rate for everyone drops to zero. Chuck Palahniuk, Fight Club, 1996
    2. Re:Technical measures for key destruction by rsmith-mac · · Score: 1

      A dead man's switch won't do you much good. If you've been picked up your computer has too, and has been safely copied and stowed away as evidence.

    3. Re:Technical measures for key destruction by Anonymous Coward · · Score: 0

      So destroying all physical records and committing to memory a 256-bit AES key is surely a "technical measure"? With practise I could remember a fairly long sequence of numbers for a few days but not for decades - and it's up to the court to prove otherwise...

      Incidentally, I visited the Lincoln copy of our Magna Carta a while back and they've got a list of the very few remaining rights we have plus dates when we lost them: Self incrimination went with the IRA and Habaeus Corpus with Bin Laden. Apparently they're sending it on a tour of the US soon, in response to which I asked the curator when the Bill of Rights would be visiting the UK?

    4. Re:Technical measures for key destruction by 91degrees · · Score: 1

      They key doesn't need to be stored locally.

    5. Re:Technical measures for key destruction by Lincolnshire+Poacher · · Score: 1

      > A dead man's switch won't do you much good. If you've been picked up your computer has too

      Yes, your computer containing the encrypted data has been seized and the disk cloned. But the keys are bunt-out in EEPROM of the the coprocessor or smartcard.

      That's one issue that I have with PGP; it popularised the use of a passphrase to store the keys on the same medium as the data, instead of hardware protection. This reliance on human factors makes laws such as RIPA possible; just look at how many posts on this thread have confused ``passphrase'' with ``key''.

    6. Re:Technical measures for key destruction by spikedvodka · · Score: 1

      Not true... What If I have a colo'd server in $FOREIGN_COUNTRY which acts as a network drive upon all which everything is encrypted... that way they can't pick up my "computer" that has my data on it, and I don't log in for $TIME, it wipes

      --
      I will not give in to the terrorists. I will not become fearful.
  22. So what's worse? by Anonymous Coward · · Score: 4, Insightful

    If I'm the defendant, I'm simply going to assess which is worse:

    1. The punishment you'll get for not divulging your encryption key

    2. The punishment you'll get when you divulge your encryption key and they find 18 gigs of child porn on your computer

    Depending on the encrypte data in question, the decision whether to divulge your key could an easy one.

    1. Re:So what's worse? by phoenix321 · · Score: 4, Interesting

      This is the precise argument that They will be using for lenghtening the prison terms for NOT divulging the key once we've swallowed the fact that not-remembering something can get you in prison.

      And then They just need to send a collection of /dev/random with a filename suggesting underage pornography to your email address and keep you imprisoned for decades. Your ex-girlfriend could do and call the police. Your enemies from the cubicle farm could do, too. Your competing business and even blackmailing spammers could.

      I smell serious blackmailing business: pay up and we'll send you the key you need to prove yourself innocent.

    2. Re:So what's worse? by Splab · · Score: 0

      Except the data in question can be deleted.

    3. Re:So what's worse? by Chris_Jefferson · · Score: 3, Insightful

      How is that any different from me just physically mailing you a box of child pornography, along with a letter saying "Here is your order from kid's-r-us"? To me this seems to be an area where the parallels with existing situations are compelling. You should have to give over your virtual keys and locations of data in the same situations you had to give over physical keys and locations of real things.

      --
      Combination - fun iPhone puzzling
    4. Re:So what's worse? by meringuoid · · Score: 3, Informative
      How is that any different from me just physically mailing you a box of child pornography, along with a letter saying "Here is your order from kid's-r-us"?

      Because it's not real CP, it's random binary gibberish with a note attached saying 'Here is your encrypted CP'. The police will pick up that email (in other news today, they're going to be monitoring all emails) and go 'Oho, we have caught ourselves a paedophile and will soon look good in the newspapers when we lock him up for ever and always', and come around and arrest you. The they demand you decrypt the file so they can present you along with the CP to the court and get you sent to prison.

      No CP exists - no key exists - it's not encrypted data at all, just noise. But you can't prove that. And so you go to jail for failing to provide the key.

      --
      Real Daleks don't climb stairs - they level the building.
    5. Re:So what's worse? by hey! · · Score: 2, Interesting

      Well, remember the OJ trial?

      Good defense lawyers do two things with evidence: they either discredit it, or they interpret it in a benign context.

      When the Big Box O' Porn is produced in court, a competent defense lawyer demands the police produce a chain of custody showing how the box allegedly got from the defendant's home to the court. If the police can't show that, it's not evidence any longer. If the police can't prove the DNA sample analyzed actually came from the crime scene, it's not credible any longer. It might not even be admissible.

      After the chain of custody is thoroughly tested, the lawyer then works to put the evidence in a favorable context. Sure, they have proof it arrived in the mail for the defendant, but where is the proof it was ordered by him? What about the defendant's neighbor, who is a member of a militant white supremacist church, and hates him because he's black and gay? What about the police detective, who was given to brag about how many n-words he put in prison?

      It is the ability to contest evidence that makes admitting the evidence fair. If the police could just produce the Box O' Porn in court, and that's it, you're going to fry, well that would be very bad. If the police can produce any old binary gibberish in court and claim it contains porn, with no supporting evidence at all, that would be worse.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    6. Re:So what's worse? by phoenix321 · · Score: 1

      And you remember that being wrongly accused of something involving images of underage children is enough to ruin lives and even drive sane people into suicide?

    7. Re:So what's worse? by hey! · · Score: 1

      Sure, but outlawing suspicion and accusation are cures that would be worse than the disease.

      Requiring proof by trial according to high standards of evidence seems a reasonable compromise to me. However, this requires a well thought out series of rules. It seems to me that the person who brought up the scenario where any bit of gibberish can become truth under this rule has a valid point. The prosecution should be able to prove that (a) it isn't just random gibberish and (b) that the defendant could, if he wanted to, decrypt the gibberish.

      Part of the reason that the US forbids self-incrimination is that it is a practice that has been susceptible to abuse. Forced confessions are the favorite tools of tyrants everywhere in every age. Producing physical evidence under duress is a different matter. The evidence either exists or it does not, whereas confessions of any sort can be spun from pure fantasy, with enough "persuasion".

      This seems to me to be a borderline case. The only way to prove the defendant can decrypt the gibberish is to have him do it. The defendant's claims one way or the other are suspect.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    8. Re:So what's worse? by Anonymous Coward · · Score: 0

      If you're a terrorist and grant access to the incriminating data then you will go to jail and have impositions upon you when you are released - not allowed to use computers and mobile phones, be under house arrest or curfew and be watched and monitored for the rest of your life.

      If you are a paedophile (or holding the newly illegal 'extreme pornography' - or even just a photo of a 16 year old havign sex (an illegal image of a legal act!)) then you will go to jail, and have impositions on you for the rest of your life - signing the sex offenders register (even if just for a few years the stigma and reputation will last forever) not be able to use a computer or the internet be under surveillance for the rest of your life and be on lists of one sort or another affecting your employment prospects - and even your relationships - EVEN for the most petty of offences.

      If you fail to hand over your encryption keys, even if the jail term is significantly increased - at least once you get out you'll be left (relatively) alone.

    9. Re:So what's worse? by Anonymous Coward · · Score: 0

      Trademark infringement for sending anything as being from kids-r-us maybe?

  23. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 5, Insightful

    Our country doesn't make the same promises about liberty in a single document which all our countrymen regard as some kind of holy scripture. It is the American attitude of how you are all in the "land of freedom, better than all other nations in every way" that makes your massive overreaction to one terrorist attack so ironic. It's like a kid vowing to never go back to school again because a bully once stole his lunch money.

    I don't mean any disrespect to those who died in 9/11, but people are dying all the time from accidents, disease and natural disaster. Wasting all the money you have on going to war in Iraq and Afghanistan when in fact it was a terrorist organisation and not a single country that attacked you, is pretty dumb. If you go around spending billions attacking everyone that you feel slightly threatened by, you'll end up in financial meltdown... oh, wait...

  24. Physical = digital? by phoenix321 · · Score: 4, Insightful

    An encryption key is separate from a physical key, because no one can reliably prove if I still have it or not. Physical keys I may have hidden or swallowed can be found or the locks picked open. But for strong encryption, this is not feasible and the defendant might very well have forgotten the passphrase and never remember it.

    What will They do when the defendant claims to have forgotten their key? (capital "They" intentional for Them being Orwellian monsters) - No one can ever prove or disprove that the passphrase still exists in the defendants brain cells, not the accuser and not the accused.

    And then? Sleep deprivation? Torture? Guilty unless proven innocent? In dubio contra reo?

    Releasing the defendant is under this view obviously unfeasible, because otherwise EVERY defendant would claim to have forgotten the passphrase, which would render this judicial scheme moot. But NOT releasing a possibly innocent defendant because they really have forgotten their passphrase - and no one knows whats inside the encrypted files - is a serious crime in itself.

    I doubt there's a possible solution to this problem. Keeping people in prison for even one day because of abstract words that *possibly* exist in their minds (and only there) is pretty laughable - and pretty dangerous.

    Something that no human and no machine can reliably prove or disprove cannot be the basis of a prison sentence. In the Western civilized society after the Renaissance era anyway.

    Also, this is stuff from the darkest dystopian novels and can be misused in thousands of ways. We've all heard rumors about cops who place contraband in a defendants pocket or house. But that takes at least physical access to a contraband item.

    But encryption keys that may not even exist anywhere? It is ridiculously easy to incriminate people that way, say for example to create a file containing several megabytes from /dev/random. Name it "pre-teen_volume_320.7z" and send it via mail to the defendant with a fake note "here's the 320th delivery of your stuff, you pervert and the password is the same as last time. the photos of your kids were nice, too".

    And then? No one can distinguish between random data and well-encrypted data. No one can prove the defendant does NOT know the "password" to this "encrypted" file. Will They let them go or will they be imprisoned and tortured forever until they "remember" the nonexisting password or simply confess to having had intercourse with the devil?

    1. Re:Physical = digital? by scientus · · Score: 3, Insightful

      The key is not digital, it does not exist on any machine. It *may* exist, and then only in the mind of the defendant. It only becomes digital when it is typed in, and then is erased after, it is like knowing where a treasure is hidden, and the right to refuse to tell of that is solidly defended, both in physical reality and in law (at least here in the us). By ruling that he (or anybody) has to give up a key he (or anybody) may or may not have (only those on trial truly know) the law becomes guilty until proven innocent, a system that can only yield to oppression.

    2. Re:Physical = digital? by freedom_india · · Score: 1

      Exactly! This is what i was writing about earlier.
      Pretty Dangerous is the right word: If the Government can establish ONE precedent of keeping you in prison because you "forgot" the key, it sets a terrifying precedence, it brings SS and Gestapo and the brownshirts in one swoop.
      Once they imprison, then can torture, and once you torture you cross the line...
      It is very very dangerous.
      Why can't the same courts who are so intent in trampling upon our rights, order Scotland Yard to complete its investigation into the bribery case against a certain arabic state?
      I guess courts are afraid of the State: I can recall the 1935 ruling by Prussian court which exempted Gestapo from scruity of laws...

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    3. Re:Physical = digital? by Anonymous Coward · · Score: 0

      If only you had the balls to show your email publically, and I had the balls not to post anonymously...

    4. Re:Physical = digital? by Cyberax · · Score: 1

      They say that a little waterboarding improves your memory.

    5. Re:Physical = digital? by alragh · · Score: 1

      Luckily the UK Government is going to be monitoring all email sent Every Email In UK To Be Monitored in the UK, so you could easily prove that you have not previously received any such emails or had prior contact with said pornographer.
      Job done.

    6. Re:Physical = digital? by alragh · · Score: 1

      It's not so much refusing to reveal the location of something hidden because if you're being asked for the encryption key, the police know that there is something there. They just don't know how to access it.

      If you'd booby trapped your treasure, could you be compelled to reveal the mechanisms to allow the authorities to access it?

    7. Re:Physical = digital? by phoenix321 · · Score: 1

      Very well, then. What if the blackmailer sends one email per day for two months before tipping off the police?

      Maybe he sends a USB stick with the fake encrypted file and then calls the cops?

      And haven't you noticed the startling tendency of any and all surveillance methods to fail completely every single time the police was accused of doing something illegal that should've been recorded by some camera?

    8. Re:Physical = digital? by xant · · Score: 1

      In the Western civilized society after the Renaissance era anyway.

      This is the Spanish Inquisition of our times, and I don't mean Monty Python. I mean the real one, where they burned you if you didn't renounce your false god, and then burned you if you do.

      --
      It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
    9. Re:Physical = digital? by Anonymous Coward · · Score: 0

      This is the Spanish Inquisition of our times, and I don't mean Monty Python. I mean the real one, where they burned you if you didn't renounce your false god, and then burned you if you do.

      But in the latter case, you died in a state of grace, shriven by the priest, and in their value system, *that* was the important thing. Your soul was 'saved'.

    10. Re:Physical = digital? by Anonymous Coward · · Score: 0

      Create a file containing several megabytes from /dev/random. Name it "pre-teen_volume_320.7z" and send it via mail to the defendant with a fake note

      Brilliant! I'll send one to the British prime minister right now!

      But seriously, you Brits should use this crazy law againts its makers. Plant some "evidence" like this on some of those double-crossing bastards. But don't overdo it. Make it credible and make it stick!

    11. Re:Physical = digital? by deadcellplus · · Score: 1

      If you physically hide something the only way to prove its existence is to find it. The same would be true for an encryption key, the only way to know if something was encrypted is to try and decrypt it with a key, if you get data then it was most likely encrypted. Two kinda funny situations can occur here, firstly if you never owned a key but owned a lock which can be unlocked with a key. And this lock was mass produced, then it is possible that an additional key was created but you never owned it. Thus you could lock something away with no intention of even unlocking it and some police officer could stumble upon it and use their key to unlock it, and arrest you if it contains a dead hooker or something. Whats kinda funny is that if you simply write random bits, it is possible, VERY unlikely, that you could out put actual data. So like writing random bits could create a red jpg or something, just for the sake of argument lets say its illegal to own a pure red jpg. Well then its also possible to simply write random bits that when when run through a decryption algorithm using some key that the resulting data would be said red jpg. You never actually created a red jpg, the decryption algorthm did. Idk just a funny thought I wanted to share.

  25. *Could* just be random data? by CyrusOmega · · Score: 1

    Most encrypted data looks random right? How is one to know if the data is a meaningful arrangements of bits hidden behind a key? I am thinking in terms of truecrypt where you don't even know if the file is a truecrypt file or not without poking it with the correct password first.

    So *my* defense would be to be silent about the file(s) in the first place (since that seems to be an option in this case). If they can't tell it's even encrypted then they certainly can't accuse me of not handing over a key.

    1. Re:*Could* just be random data? by ledow · · Score: 1

      Silence can be used to "infer" information in a court of law ("No comment" is valid, but the jury are free to take that to mean you did it - this is grossly simplified, there's a lot of caveats).

      However, if from day one you were to DENY having any knowledge of the file/key, then there's not much that can be done. I don't know what that file is. I don't know how it got on my computer. I have no idea who could have put it there. All valid. But "I'm not saying" (or the inference of such by being silent) is just stupid. You might as well stamp "I'm guilty *and* uncooperative" on your head. Sometimes files can get on computers without the owner's knowledge (including, but not limited to, direct attempts at incriminating an innocent person) and to attempt any conviction in that case would be wasteful. However, that type of person would be an idiot to say nothing.

      The fact that the defence in this case rested on self-incrimination probably meant that they were already in a position where they could not deny the existence of, or their knowledge of, the files in question. This means they were caught red-handed and/or they were observed opening the files, or providing the passkey, or it can be proved beyond reasonable doubt that they created the encrypted files and memorised the keys themselves. In that case, all you're doing is obstructing justice, possibly "destroying" or withholding evidence, etc. You'll go down for a long time anyway, and it would have been easier to provide the key and go for plea bargaining to get a lesser sentence.

      I don't pretend to understand self-incrimination laws. But the gross simplifications that most people know of "layman's law" are extremely dangerous and misleading. If they are claiming self-incrimination, it means that they are on their last legal legs. Fortunately, their attempt failed. I can see there being cases where it will / should succeed and also cases where it succeeds where it shouldn't.

      Personally, I see nothing wrong here but I haven't dug up the court transcripts. The defendents are withholding damning evidence that they are clearly in possession of, it seems. Of course they can't actually be forced to give up that evidence but they can be "punished" for not playing ball with the courts, in the same way that a lawyer/policeman burning that evidence would be. The only question in the case is whether the court has reasonable cause to believe the evidence exists and they have access to it. A plea of self-incrimination would be enough for me personally but the courts have to be more rigourous and they still came to the same conclusion.

      The vital parts are:

      1) Do they have access to the key?
      2) Are they intentionally withholding it from a court of law?

      Everything else is bunkum - it doesn't matter if it only protects their private love letters or a handful of MP3's - they should be handing it over or providing a *reason* (not a legal defence on a technicality) why they can't.

  26. A Rebuttal by Anonymous Coward · · Score: 1, Funny

    -----BEGIN PGP MESSAGE-----
    Version: GnuPG v1.4.8

    hQEOA8MMd15mSaRoEAQA7v49OwHzXQ0vbzGru17meXPx0j0azurW1eypb4Ene8n3
    FUCK YOU
    tMOLJhDfAdJgYZPOhJZeMPqqtyBanLIOtrzHP8S2dxfh6WAiiCPHFymvFtK7S4g4

    -----END PGP MESSAGE-----

    1. Re:A Rebuttal by CRCulver · · Score: 1

      I miss the late 1990s when every nerd knew what PGP was and used it. Nowadays, very few technical people indeed have the motivation to use encryption, even though plugins for mail and messenger programs make it easy. My university's webmail even has PGP built in, which takes all of a couple of clicks to activate, but no one uses it. It's sad.

  27. The judge also pointed out... by Anonymous Coward · · Score: 1, Interesting

    ...that this isn't self-incrimination, as they are not being forced to reveal information that will incriminate them.

    Simplified massively, the principle says that if someone asks "did you kill him?", you are not bound to answer "yes". That disclosure would incriminate yourself. In this case, the police demanded a copy of the decryption key; answering that question - admitting that you possess the encryption key - does not incriminate you. It is not illegal to possess an encryption key. Well, not in most circumstances.

    He goes further to state that even in cases where admitting that you possessed the encryption key would incriminate you, a judge could surpress the fact that you provided the key, thereby avoiding incrimination. For example, if you have encrypted child porn on your computer, admitting that you possess the key could imply that you have viewed child porn, thereby incriminating youself. A judge could, however, allow the decrypted images to be used as evidence, while refusing to allow the fact that you provided the key to be used as evidence, thereby avoiding self-incrimination.

    In essence, what they're saying is that you don't have to say "I killed him"; but if you write down "I killed him", then you have already disclosed the information. Once you have disclosed the information, they are at liberty to compel you to remove any protection you have placed around that information. There is a difference.

    Oh, and to the posters that suggested he use the defence "I forgot it", the police arrested the guy while he was halfway through typing the key in. It's kind of hard to convincingly say you didn't know it at that point...

    1. Re:The judge also pointed out... by Dr.+Donuts · · Score: 1

      "Oh, and to the posters that suggested he use the defence "I forgot it", the police arrested the guy while he was halfway through typing the key in. It's kind of hard to convincingly say you didn't know it at that point..."

      I expect the police to say something like that. Now stop and think of how probable that actually is.

    2. Re:The judge also pointed out... by dredwerker · · Score: 1

      "Oh, and to the posters that suggested he use the defence "I forgot it", the police arrested the guy while he was halfway through typing the key in. It's kind of hard to convincingly say you didn't know it at that point..." I expect the police to say something like that. Now stop and think of how probable that actually is.

      Half the time you have to type in your key to realise you have forgotten it. Thats when I know I have forgotten it. I agree about the police he was just typing something on his keyboard when we broke the door down - so are most of us right now :) terrorists all of us. I think slashdot should rule the world - o maybe not.

      --
      On a long enough timeline. The survival rate for everyone drops to zero. Chuck Palahniuk, Fight Club, 1996
  28. Don't think so by SmallFurryCreature · · Score: 4, Insightful

    Your logic is flawed, my locking/hiding the door to my dungeon where I keep my daughter is to stop me incrimincating myself by her being found. ALL criminals hide data from the sight of others to stop them from showing their criminal activities.

    If you accept that the police under the rules of law can demand access to things then this includes digital data. I have always been loath to see the internet and computers in general as some kind of new world where we can have a different set of rules. If I can be ordered to hand over my swiss bank account number (just a number for a service) then so can I be ordered to hand over the key to my encrypted files.

    If you want to change it, chance ALL the laws related to the gathering of evidence. No cyber laws, just laws.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Don't think so by Anonymous Coward · · Score: 0

      How is locking somebody up for a full year in a prison cell because they do not give up the encryption key, claiming they don't know it, other than torture?

      In short, how is it different?

    2. Re:Don't think so by Anonymous Coward · · Score: 0

      Your logic is flawed, my locking/hiding the door to my dungeon where I keep my daughter is to stop me incrimincating myself by her being found. ALL criminals hide data from the sight of others to stop them from showing their criminal activities.

      The difference is that there might be evidence that you have your daughter locked in there and we need the keys as opposed to we have no clue at all what's in the binary noise on the harddrive.

      To bad that in this case the people already supplied the notion that there is something hidden by stating that they don't want to frame themselves.

    3. Re:Don't think so by Anonymous Coward · · Score: 0

      Oh I keep my door locked because of the 400 years old koran, which is the pride of my book collection, but makes me these days a terrorist instead of a book collector.

      You can not trust people who change the rules to fit everything under a terrorist when they need to lock you up for no better other reason.

      On the other hand, I quite like it being not bombed every day so perhaps it is working. Or it was never such a big problem after all.

    4. Re:Don't think so by aproposofwhat · · Score: 1

      If you accept that the police under the rules of law can demand access to things then this includes digital data.

      They can have the digital data, just in encrypted form.

      You can be ordered to hand over physical things (e.g. a shiny metal key), but not the contents of your mind (in your example, the Swiss bank account number).

      An encryption key is analogous to a very large combination lock - you are not compelled to divulge such information.

      The authorities can access a safe by brute force (e.g. drilling), so they're perfectly at liberty to brute force the encryption if they can.

      Just because technology has made the job of law enforcement more difficult doesn't mean that the principles of justice have changed - just that the private citizen now has more privacy from intrusion by government.

      This aspect of RIPA is fundamentally against the principles of British justice, and will eventually be seen as such once the matter is explained properly to the judiciary.

      --
      One swallow does not a fellatrix make
    5. Re:Don't think so by muftak · · Score: 1

      I think the internet and computers in general should be seen a some kind of new world where we can have a different set of rules. Only things where computers interact with the real world, such as depriving someone else of money via fraud, should be seen as crimes. It's crazy that just possessing information can be a crime.

    6. Re:Don't think so by Anonymous Coward · · Score: 0

      Your logic is flawed, my locking/hiding the door to my dungeon where I keep my daughter is to stop me incrimincating myself by her being found. ALL criminals hide data from the sight of others to stop them from showing their criminal activities.

      If you accept that the police under the rules of law can demand access to things then this includes digital data. I have always been loath to see the internet and computers in general as some kind of new world where we can have a different set of rules. If I can be ordered to hand over my swiss bank account number (just a number for a service) then so can I be ordered to hand over the key to my encrypted files.

      If you want to change it, chance ALL the laws related to the gathering of evidence. No cyber laws, just laws.

      I would say correct, although the problem is that the real world and the cyber world are slightly different sometimes.

      If you don't give up the number of your swiss bank account, through investigation by highly trained people they can more than likely find where you've been hiding money.

      This is essentially how the courts works. You do something bad, you then try to cover it up.
      If you covered it up well enough and their people aren't good enough, you will probably get away with it. If you do not cover it up well enough and their people ARE good enough, then you will be found guilty and go to jail. Most people accent these outcomes.

      We accept in the real world that investigation which leads to proof (err, beyond a reasonable doubt in a lot of countries...) is the only way to determine guilt/innocence.

      Thus the system breaks down...

      Unlike undertaking investigations which will lead to the location of bank/vault/cellar etc, all of which can then be pryed for incriminating or vindicating information, You can't follow breadcrumbs(exhaustively anyway...'yeah tried his birthday AND the name of BOTH of his kids... I guess that's that) that will eventually lead to a password that then in turn leads to incriminating (or not) evidence.

    7. Re:Don't think so by Anonymous Coward · · Score: 0

      If I can be ordered to hand over my swiss bank account number (just a number for a service) then so can I be ordered to hand over the key to my encrypted files.

      In the States you cannot be compelled to handover the number to your Swiss Bank account. All you can be compelled to tell the police is your name and address (and that is controversial). If the police convince a judge that they have probable cause they can execute a search warrant at your house and see if you left any document laying around with your bank account or encryption key written down. But you're in no way obligated to help them find any such document and should the police show up with a search warrant the first words out of your mouth should be, "Am I free to leave?"

    8. Re:Don't think so by tburkhol · · Score: 1

      my locking/hiding the door to my dungeon where I keep my daughter is to stop me incrimincating myself by her being found

      Someone finding your imprisoned daughter is not you incriminating yourself. It's physical evidence incriminating you. The part of that situation where you incriminate yourself is where you show the investigator the cleverly hidden door. The protection against self-incrimination means they can't force you to reveal where you've buried the bodies, but the power of lawful search means they can look. Encryption frustrates investigators because it's like taking a full page ad out saying "I buried the bodies on the moon." It gives them the impression that they know exactly where the incriminating evidence is, but they just can't get to it. Technically, encrypting data is no more than hiding data in random numbers. It's very much like hiding your drugs under a loose floorboard. They can't make you tell them which floorboard hides the drugs and they can't make you tell them which of the random bits contain data. Except, apparently, in the UK.

      If I can be ordered to hand over my swiss bank account number (just a number for a service) then so can I be ordered to hand over the key to my encrypted files

      Actually, you can't be forced to reveal the Swiss bank account number. Investigators can obtain a warrant to search your personal effects, wherein they may discover the number; they can subpoena the records of financial institutions they believe you to do business with, wherein they may discover the number; but they can not force you to reveal the number.

    9. Re:Don't think so by Anonymous Coward · · Score: 0

      I think the issue has been about getting warrants for such searches. As of now, governments can easedrop on digital data and in the US, it is generally not considered a violation of the 4th Amendment.

      This is unfortunate because history/lessons learned have shown that the greatest threat to a people's liberty is their own government. It's why our Founding Fathers tried to put so many safeguards (checks and balances) in place.

  29. suddenly im glad i live in the us by scientus · · Score: 1

    suddenly im glad i live in the us

    the right against self-incrimination is one firmly seated in reality. One can always not give the incription key, one can always say one does not remember it, there is nothing they can do to ge tit out of you, so if you are legally binded to give it then there is nothing preventing the government from saying and person has a key to something that they actually dont have and locking them up for that. with that right there is no line in the sand constantly moved and there is a good defense against tyerany, the man should not give up the key he should proclaim he forgot it weather he did or not, that is the only sane defense against tyranny.

    There is nothing preventing the prosecurion and jury from believing bad stuff is behind that encryption wall but there is nothing, and it should be illegal to proclaim or legislate otherwise, that forces him to give up incriminating evidence. What the British court ruled is a downright lie and yields to tyranny, yields to guilty until proven innocent.

    1. Re:suddenly im glad i live in the us by jcr · · Score: 1

      Don't kid yourself. All of our rights depend first and foremost on our willingness to insist on them, and the people in the USA have been just as docile as anyone else for a very long time.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  30. That link is a brilliant idea by Chrisq · · Score: 1

    Its a pity it will never be implemented

    1. Re:That link is a brilliant idea by Anonymous Coward · · Score: 0

      Yeah, that's my problem - I keep coming up with ideas that will never be implemented. Check my journal post for more examples - http://slashdot.org/~TheLink/journal/214613

  31. Now that's funny... by CuteSteveJobs · · Score: 1

    > "Defendants can't deny police an encryption key because of fears the data it unlocks will incriminate them, a British appeals court has ruled.

    As soon as I started reading this sentence, before I was halfway through, I *KNEW* this was about Britain!

  32. Wow... by arotenbe · · Score: 1

    This complements the last story about the UK really well. (By a definition of "well" that I don't even want to think about...)

    Contrast with this. New tag: thankgodiliveintheus

    --
    Tomato wedge sperm darts that are Republican.
  33. Honeypot by BountyX · · Score: 1

    If you have an encrypted hardrive, always have a honeypot. Then give away your honeypot keys. Seems like the UK is brewing something with these combination of laws...

    --
    Trying to install linux on my microwave, but keep getting a kernel panic...
  34. Fingerprint by russ1337 · · Score: 1

    What if the key is your fingerprint over the scanner? are they going to give you physical access to the machine?

    Left thumb = open files
    Right thumb = runs script that overwrites encrypted blob with random data 5 times while appearing to unlock....

    1. Re:Fingerprint by Thiez · · Score: 2, Insightful

      I think it is safe to assume they will make a copy of your HD. Your thumb 'trick' is a great way to get screwed for attempting to destroy evidence or something like that.

    2. Re:Fingerprint by Yakman · · Score: 2, Insightful

      The first thing a computer forensics person would do is take one or more copies of your hard drive and work from that - for the very reason you were talking about, in case there's some logic bomb they don't defuse.

      So you wipe the files, they make another copy from their backup, waterboard you for a while, and try again :)

    3. Re:Fingerprint by Anonymous Coward · · Score: 0

      That is incredibly stupid on multiple levels.

      -Forensics always run on a copy of the disk. overwriting it is not establishing anything.
      -finger print technology is easy to fake. Taking a fingerprint from a glass is not hollywood technology, but doable by mythbuster technology.
      -Overwriting encrypted data should never be required, just changing the key makes it inaccessable.
      -The "i forgot the details" in court option is something that worked well in the past for some goverment people. but...

      If you are perceived a terrorist you are dumped in Guantanamo Bay or some polish prison and no encryption is going to save your ass.

      -ac

    4. Re:Fingerprint by Neoprofin · · Score: 1

      "Computer Error"

      I was trying to get my files and this damn Windows Vista screwed everything!

  35. Self-incrimination defence - not the brightest? by Xest · · Score: 2, Insightful

    Perhaps this was the crux of the problem, they used a defence of suggesting if they hand it over it would be self-incriminating?

    Wouldn't a better defence have been to suggest that the data encrypted was entirely irrelevant to the case. Wouldn't it then be up to the police to actually do some police work and prove otherwise?

    By using a self-incrimination defence it's effectively admitting, yeah you've got some data that's evidence locked up but you're not handing it over. Surely it's better to simply just deny the encrypted data is relevant to the case or even that you've no idea what that encrypted data is. Hell, claim it's your own personal copyrighted works or some trade secrets and get them to prove to a court either that it's not or that they need access to said private content. I'd have thought both of these would put the burden on the police to do police work in an ideal scenario.

    That said, Labour's totalitarian regime doesn't follow the ideal scenario mindset and innocent until proven guilty means nothing anymore so I guess either way these people were screwed.

    If the people are guilty then it's great they've been caught, but the way they go about reach the goal is entirely unacceptable and comes down to one thing - the police are too damn lazy to actually do any police work nowadays. It's all about abusing various laws and technologies Labour has handed them which they really shouldn't have.

    1. Re:Self-incrimination defence - not the brightest? by Sockatume · · Score: 1

      It's not exactly Labour's totalitarian regime, in the sense that it would disappear if they left power. The Conservatives haven't exactly been falling over themselves in the race to oppose it, for example.

      --
      No kidding!!! What do you say at this point?
    2. Re:Self-incrimination defence - not the brightest? by Icarium · · Score: 1

      You seem to be under the missaprehension that you, as a defendant/suspect, have any say in what is considered relevant.

      And AFAIK, unless you try and claim that the information that they police are trying to access is either classified, or subject to client/patient confidentiality, merely claiming that information is 'sensitive' in some way (copyrighted, trade secrets etc) is not sufficient cause to deny access.

      That is not to imply that I in any way condone the idea that one should be subect to criminal charges for refusing to supply information that cannot be proven exists.

    3. Re:Self-incrimination defence - not the brightest? by Pvt_Ryan · · Score: 1

      Plausible defences.

      1. Its just random noise and not an encrypted file/volume.
      2. I forgot the password, as I am innocent until proven guilty, I respectfully request that you prove I have not forgoten said password.
      3. My computer is used by all parties in my house as well as friends of mine. Please prove that the data is mine and was placed there by me.

      In fact the 3rd defence is the probably best as in order to prosecute they have to be able to prove who created the data and subsequently encrypted it. Though I would probably use this as a last line of defence if the other 2 failed.

    4. Re:Self-incrimination defence - not the brightest? by tburkhol · · Score: 1

      By using a self-incrimination defence it's effectively admitting, yeah you've got some data that's evidence locked up but you're not handing it over.

      I'm not sure about the UK's current system. It used to be that it was perfectly ok for judges and juries to make exactly that inference. ie: to claim that a defendant would only choose not to speak in order to obscure his true guilt. The US 5th amendment ([no person] shall be compelled in any criminal case to be a witness against himself) allows you to be silent whether your statements would be incriminating or exculpatory and requires that your decision to be silent not be interpreted in any way. The right to silence is, in general, only useful if it applies, and the defendant exercises it under both conditions. This is a big part of the reason lawyers will always tell you to exercise your right to remain silent.

  36. What if the actual passphrase was illegal to say? by hotrodent · · Score: 2, Interesting

    Say the passphrase was something like "I am going to kill the Queen", or maybe just something against a company policy eg if the passphrase was "my company's root admin password is JaBB3erw0cky". (I can't think of better examples right now, I'm sure something must be illegal to say in the UK? - other than "Lloyds is pants" of course)

    By being forced to say the passphrase, in effect the government is forcing you to break the law, or reveal company secrets. I wonder what would happen....?

  37. Making Encryption Worthless by RAMMS+EIN · · Score: 1

    In other words, they are making encryption worthless, as far as protecting you from the government goes. Sure, you can encrypt your data with a good key and cipher and they won't be able to read it. But then they can just arrest you, charge you with something, and force you to disclose your data to them. Even if there is nothing among your data that relates to what you have been charged with, the government now has access to all your data.

    All that may be acceptable as long as the government is going after the people you want them to go after. But there's no guarantee that this will always be the case. Governments work for the people sometimes, but they can also work against the people. This is why some smart people have written down rules the government must play by, restrictions on what the government is allowed to do. These restrictions are there for your protection: if the government plays by the rules, they are limited in what they can do to you, should they decide to come after you. When the government breaks these rules, that's a bad sign. It means they are crossing the line between working for the people and working against the people. It means they have a problem, and they are willing to violate your rights to deal with that problem.

    The defendants are right. Their encrypted data may or may not contain evidence against them. They don't have to tell the government anything about it, and they certainly don't have to give the government access to all of it. Even if the defendants are guilty of the crime they are charged with, they have rights. They are innocent until proven guilty, and they have the right to remain silent. A judge (or jury, as the case may be) has the right to make inferences as to why a defendant choses to remain silent, of course.

    --
    Please correct me if I got my facts wrong.
  38. This all makes me very scared by taucross · · Score: 0

    Have you noticed how no matter how much we're discussing this, no matter how many opinions come out, they inevitably CAN'T make everyone happy? This is a fact of life. Why is this? If science has taught us anything, it's that there's things in reality that we don't understand. There are laws of nature. At the moment we are defining them relatively to each other - but never actually understanding or perceiving the force behind them. When the government tries to make everyone happy with crap like this (and they DO think they're helping, however misguided that may be) it always fails. It doesn't matter if you live in the US, UK, or you're an aussie like me. We are all going to be touched by this. Look how close we are, how absolutely interconnected our money is, our internets, our ideas and feelings. Saying "i'm glad i live in the UK" won't shield you from it. As long as we keep trying to make a better world through influencing our physical reality, it is always at the expense of something else. We rob peter to pay paul over and over again (conservation, energy, mass, anyone?) And look how the government does their thing. They try to make us happy, or sad, with their laws and they fail every time. And eventually the laws turn into fascism because there's so fucking many of them. In terms of energy, the horse as left the gate by the time we perceive that it exists. So how can we expect to change things? Check out Bnei Baruch, it at least attempts to answer the real question.

    --
    "In the absence of the ability to establish the attribute of truth they tried to establish the noble attributes."
  39. Bio scanning a US import by MosesJones · · Score: 5, Informative

    I read a while back about mandatory biometric scanning of tourists

    I'm really hoping you aren't a US citizen as getting into the US now requires the scanning of all your fingers and of course the answering of the 7 stupidest questions in the history of questioning.

    The bio-scanning stuff is a pain in the arse, but its unfortunately not a UK invention, it started in the US for "Security" reasons. You also now have to have a printed out copy of your itinerary (like that would be hard to fake) as an electronic copy on a PDA or laptop just isn't good enough.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Bio scanning a US import by Karem+Lore · · Score: 1

      And worse, it's not just for getting into America...If you visit Disney World or Sea World you will need to be fingerprinted again...Nice way for the US government to keep track of your movements!!!

      --
      When all is said and done, nothing changes...
    2. Re:Bio scanning a US import by Just+Some+Guy · · Score: 1

      The bio-scanning stuff is a pain in the arse,

      Um, they only asked for my fingerprints. Maybe your customs guy was more thorough.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:Bio scanning a US import by Bragador · · Score: 1

      Unless you happen to wear gloves...

    4. Re:Bio scanning a US import by Anonymous Coward · · Score: 0

      I'm really hoping you aren't a US citizen as getting into the US now requires the scanning of all your fingers and of course the answering of the 7 stupidest questions in the history of questioning.

      No. You're wrong. I'm not a US citizen and I entered the US yesterday. No biometrics. Nothing but a passport.

      There were also no questions beyond "reason for your visit?" and "how long are you staying?" and "are you bringing any food products into the US?".

      What are you on about?

  40. A solution: Multiple Partitions selected by keys? by dwat001 · · Score: 1

    How is this for a solution.
    Fully encrypted hard drive which is divided into partitions on boot you get asked for a key which key you enter determines which partition is unlocked.
    You set up say 3 partitions [{a,Super Secret}, {b,sacrificial}, {c, unlockable}]
    you memorise the key/pass phrase for A and B and destroy the key for C so you can never unlock.
    You set up OS on both A and B and use regularly for stuff you don't mind being found out. You only use A for your really secret stuff.

    When you are coerced into giving you key you give your key to B and claim you never had the key to A or C.

    The setup program strongly advises let it choose a key for one of these partitions and destroys that key immediately so there is at lease one partition you can not access.

    This is like burglar alarms that have multiple pins, one for disarm, one for disarm under duress.

       

  41. We are Subjects, not Citizens by damburger · · Score: 1

    ...and the government doesn't want us to forget that

    The technical name for it is in fact "her majesty's government" so there isn't really any pretense that they serve us. They serve the status quo, always have and always will. Your rights and your privacy are just an obstacle to be brushed aside.

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  42. add Obstruction of Justice to the charges then by Tyrannicalposter · · Score: 2, Insightful

    "A warranted police search of your meth lab does not require any consent on your side - that's what the warrant is for. they will just break down the door and go on with the search."

    That's true, but....

    If my door was two inches thick steel and required an hour or so with a cutting torch to open...

    Then you'd be looking at obstruction of justice, disobeying a lawful order, and destruction of evidence because they ain't finding a damn thing after two hours.

    1. Re:add Obstruction of Justice to the charges then by remmelt · · Score: 1

      [citation needed]?

    2. Re:add Obstruction of Justice to the charges then by Neoprofin · · Score: 1

      Putting a lock on your door is not obstruction of justice. If however you changed the numbers on your house then sat outside telling the police you're not the people they're looking for...

    3. Re:add Obstruction of Justice to the charges then by Anonymous Coward · · Score: 0

      [citation needed]?

      Sure thing.

      by Tyrannicalposter (1347903) Alter Relationship on Thursday October 16, @04:37AM (#25396817)
      "A warranted police search of your meth lab does not require any consent on your side - that's what the warrant is for. they will just break down the door and go on with the search."

      That's true, but....

      If my door was two inches thick steel and required an hour or so with a cutting torch to open...

      Then you'd be looking at obstruction of justice, disobeying a lawful order, and destruction of evidence because they ain't finding a damn thing after two hours.

      Anything else I can do for you today sir?

    4. Re:add Obstruction of Justice to the charges then by DavidTC · · Score: 2, Informative

      No, you really aren't. Nothing requires you to make it easy for the police to get in.

      (Of course, I remind people that booby traps are illegal, regardless of the victim having a legal right to be there or not.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
  43. What the fuck happened to Britain? by seeker_1us · · Score: 3, Interesting

    Exactly when did they start to go insane?

    Once I would have like to go there. Now it sounds like an Orwellian nightmare. Cameras everywhere (that happen to be "malfunctioning" when police hold down an unarmed, ticketed Brazillian subway passenger and shoot him in the head multiple times). Laws passed monitoring all communications. No privacy. Jail sentences if you will not or cannot tell them an encryption key.

    This is the kind of shit they would tell us about Russia during the cold war.

    Who's getting rich and who's gaining power through this?

    1. Re:What the fuck happened to Britain? by freedom_india · · Score: 1

      Its time the citizens pushed back.
      File multiple cases against the governments in courts for various precedents: like camera while urinating, spying on my child's phone by an adult giving rise to serious "issues"... use the same laws against the Government: child pr.n, lewdness, the government official's loss of citizens private info, the failure to investigate bribery at highest levels... file millions of small such cases.
      The government does not have infinite resources to fight all these.
      At some point, you either become a Star Wars Empire with the State absorbing ALL power, or you become free.
      Our politicians are not brilliant like the Emperor, so we shd be free.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    2. Re:What the fuck happened to Britain? by bertilow · · Score: 1

      Who's getting rich and who's gaining power through this?

      I don't know, but I know that there are people who voted the current politicians into power. Blame them for everything that is happening!

    3. Re:What the fuck happened to Britain? by Anonymous Coward · · Score: 0

      Yeah well, sometimes you only have a choice between a douche and a turd.

    4. Re:What the fuck happened to Britain? by Anonymous Coward · · Score: 0

      This is the kind of shit they would tell us about Russia during the cold war.

      Who's getting rich and who's gaining power through this?

      Now that, my friend, is the hub, nub and dare I say, crux of the matter...

    5. Re:What the fuck happened to Britain? by scientus · · Score: 1

      Power tends to corrupt, and absolute power corrupts absolutely.-- John Emerich Edward Dalberg Acton, first Baron Acton (1834â"1902)

      the only way to prevent godd men from becoming evil is to limit their power.

      also:
      Quis custodiet ipsos custodes? (who polices the police?)

    6. Re:What the fuck happened to Britain? by meringuoid · · Score: 1
      I don't know, but I know that there are people who voted the current politicians into power. Blame them for everything that is happening!

      Quite right too. In a democracy the electorate are collectively responsible for the crimes of the government - although the Americans get a pass on the first four years of the Bush regime, since they didn't vote for him that time.

      Bear in mind however that had the Tories been elected in 2005, the prime minister today would be Michael Howard, a notorious authoritarian. Things would likely be considerably worse.

      --
      Real Daleks don't climb stairs - they level the building.
    7. Re:What the fuck happened to Britain? by shermozle · · Score: 1

      The Sun.

    8. Re:What the fuck happened to Britain? by uncle+slacky · · Score: 1

      "Power corrupts. Absolute power is kind of neat." - John Lehman, Secretary of the Navy, 1981-1987

      --
      Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it.
  44. man wtf is going on with britain? by jinchoung · · Score: 1

    they're becoming a total police state. constant surveillance, intercept every email and now this.... i'd say this is absolutely different from a physical key or even a blood sample. in these cases, the thing can be FORCIBLY REMOVED from you without your consent. they CANNOT do that with the contents of your mind. yet. until they get a neural von eick phreaking thing working.... oh well, at least the suspects can just do the math. 1 to 5 years in prison vs. whatever might be on their laptops. ugh. jin

    1. Re:man wtf is going on with britain? by cpghost · · Score: 1

      They CANNOT do that with the contents of your mind

      Of course they can. Nothing prevents them from applying torture until you break down. The definition of which has been watered and stretched in such a way as to allow a multitude of "harsh interrogation techniques". Why do you think did they suspend the original habeas corpus act under the pretense of anti-terrorism, giving police so many weeks (sic!) to "operate" on suspects? It may only apply to terror suspects now, but isn't it just a matter of time until everyone becomes potentially suspect to an increasingly paranoid state?

      This is particularly troubling and sad, considering that habeas corpus was effectively invented there in the first place.

      --
      cpghost at Cordula's Web.
  45. Re:Hide your data (plausible deniability+ physical by dredwerker · · Score: 1

    What? a nuke on front door bell pressing? or possibly so many torrents they cant find anything. I cant find anything so I dunno how the authorities will ;)

    --
    On a long enough timeline. The survival rate for everyone drops to zero. Chuck Palahniuk, Fight Club, 1996
  46. Re:What if the actual passphrase was illegal to sa by ledow · · Score: 1

    The text of a court document which had been deemed protected?

    Anyway, it wouldn't matter. At worst, you would be asked to reveal it in a closed court (i.e. just the judge and lawyers). There's no such thing as a secret in a court case, though they may choose to not disclose the information in public records or with the galleries full of the public if they think it would cause harm (e.g. the name of an underage defendant, or the location of someone who is at risk of vigilantism, trade secrets etc.).

  47. YRO by Anonymous Coward · · Score: 0

    Just out of curiosity...

    International Covenant on Civil and Political Rights (1966) article 14 sub 3:

    "In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality[...]
    3g: Not to be compelled to testify against himself or to confess guilt."

    Why doesn't this apply??

  48. Re:Your radical ideas about deniable encryption... by Lord+Bitman · · Score: 1

    Your radical ideas about deniable encryption have been suggested before.. and actually work quite well! Here ya' go

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  49. Lords will overrule by benwiggy · · Score: 5, Insightful
    I'd be surprised if this didn't go before the House of Lords and get over-turned.
    It's amazing how many of the draconian, rights-reducing laws drawn up by democratically elected representatives get knocked back by the House of Lords, an un-elected body.

    The Lords can alter Bills before Parliament, but are also the last appeal court (before going to the European Court of Human Rights).

    Let's hear it for a benevolent oligarchy!

    1. Re:Lords will overrule by thetoadwarrior · · Score: 2, Insightful

      It's amazing how many of the draconian, rights-reducing laws drawn up by democratically elected representatives get knocked back by the House of Lords, an un-elected body.

      The reason the elected people are more problem is because quite frankly most people aren't educated enough to vote properly. The house of Lords don't have to answer to half-wits who believe in the "if you have nothing to hide" ideology.

      Sure they could abuse that power but luckily they've proven to generally be a sensible bunch and I think that's why the government has been trying to destroy the house of Lords and make their positions electable by the public as well.

    2. Re:Lords will overrule by Anonymous Coward · · Score: 1, Interesting

      The Lords haven't had any real power to protect us since 1911. The Parliament Act 1911 was passed after George V threatened to create hundreds of new peers to neutralise the Conservative majority that opposed it. Completely removed the ability to veto bills, restricted delay of any bills dealing with taxation to two months, and delay of any other bills to two years.

      Get this - it was intended as a temporary measure, just to help the country through the current crisis.

      Then the Parliament Act 1949 was passed, reducing the possible delay to one year. The Lords opposed it, so the government used the 1911 Act to push it through! Thing was, the 1911 Act required a delay of three sessions over two years - so the Commons opened, waited ten minutes, then closed to bring it up to three sessions.

      This shit is OLD. The government have been bastards who don't care one shit for oversight. See also the creation of hundreds of life peers by Labour, diluting the power of the Lords even further by stuffing it full of loyal Party votes.

      We need a non-elected, hereditary body of randomly selected people with income paid out of taxes and guaranteed constitutionally who have no job but to veto laws that violate the Constitution that we don't have but should.

    3. Re:Lords will overrule by Anonymous Coward · · Score: 0

      The Queen should give a full pardon to these guys and come out with a strong statement denouncing the government for infringing the rights of Her subject. She should threaten to dissolve Parliament if they do not rectify the law. It is her duty to protect her subjects. Unfortunately I think she has abdicated this duty and cares not for the trampling of the rights of Her subjects.

  50. Re:Fuck the British equivalent of Homeland securit by ionix5891 · · Score: 5, Insightful

    They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

    anyways don't more people die every year due to NUTS than terrorism?

  51. In every country ... by MindKata · · Score: 4, Insightful

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety" ... sadly very true... So now we have two UK Big Brother bits of news in one morning. Oh what a time to live in the UK. But in the end, it doesn't just affect the UK. It will eventually apply to every country, because...

    Unfortunately most people fail to see the connection between lists and any danger. The lists are being made to influence people who speaking out against the ones in power. But most people fail to see the danger of giving the power seekers ever more data to mine on everyone. Knowledge is power and the ones in power seek the use that knowledge to prevent people standing against their point of view.

    With ever more detailed lists on peoples views, soon we end up with people fearful of what they say on the phone and in emails, for fear of their views could even just risk being taken out of context and in any way critical of the people in power. At that point, the ones in power are influencing people directly.

    At that point, we live in a police state, where freedom is gone and replaced by fear of the ones in power. Problem is, we are getting there now, and from here on out, its simply a matter of consolidation of ever more detailed data mining. The central reason why centuries ago votes were made in secret, was to prevent the ones in power, from seeking to influence the voters. Yet the power seekers are forever seeking to game the system to gain ever more information on peoples opinions. Now the ones in power are building automated systems to influence people.

    Throughout history its been shown time and time again that the ones in power become ever more corrupt over time without any feedback on how they are behaving. Its been show so many times through history.

    Most people don't realise the game people in power are playing. People in power are not so interested in individuals. The ones in power are interested in adding everyone to different lists so they can then control and profiling groups of people, so they can then use divide and conquer tactics, to break groups of people up. The goal is that the fragmented groups cannot then stand and oppose the point of view of the ones in power. That is why they data mine.

    The lessons of history have not been learned by enough people. Looks like the world is seeking to repeat the mistakes of the past. Freedom and democracy are constantly undermined by a minority of people in power for their own gain. Its just a matter of time and how far we are going to let them all game the system to push the excesses ever more unfairly in their favour. After all, its not as if they are robbing hundreds of billions of tax payers money to keep their rich lifestyles while millions risk loosing everything.

    Anyway, if the millions of people can't buy bread, then let them eat cake. ... My point is, the names in history change and the names of their ideologies change. But what remains is basic human psychology and that doesn't change. The lack of empathy of the ones in power over their powerless minions never changes. For all their words, its only their actions which count and millions now face loosing their jobs and millions are treated unfairly by the ones in power. In such a world, its no surprise that the ones in power would want to watch their minions very closely. After all, people could start to complain its getting all to unfair. But we cannot have that. We need ever more laws to protect the ones in power and ever more laws to keep the minions down and away from power.

    The world will never change until everyone worldwide realises that people who constantly seek power over others have a recognisable cluster B personality disorder. All cluster B personality disorders are ultimately driven by fear. And the ones with the disorder constantly seek to control that fear and control everyone around them based on their fear. (There are multiple fears, two examples are lack of a

    --
    There are 10 kinds of people in the world... those who understand binary and those who don't.
    1. Re:In every country ... by MindKata · · Score: 2, Insightful

      I should also have added, the process of information gathering (i.e. Big Brother) allows the creation of lists of people's views to be created. Thats why I mentioned lists, although hopefully most people will get that connection.

      Now I've had some more time to think about this news, (and adding this password news to the news about them wanting access to every phone call and email etc..., then its occured to me, how long will it be, before we have to send our passwords to the government, whenever we send an email containing a password protected file? ... its the logical next step, in their creation of Big Brother, otherwise people could talk behind their backs, about how unfair the ones in power are getting, simply by sending password protected encripted text. But then they tell us they are not going to look in the emails, (yet), so we can just trust they are not really going to read everyones emails ... and once they have the power to monitor everything, we can trust them not to extend that power.

      (You can probably guess today, I've finally sadly had enough of living in a growing police state, I once knew as England).

      --
      There are 10 kinds of people in the world... those who understand binary and those who don't.
    2. Re:In every country ... by c0p0n · · Score: 1

      [...] But in the end, it doesn't just affect the UK. It will eventually apply to every country [...]

      No it won't, we're safe in Spain. Our government simply hasn't got the cash to do this :)

      --

      Your head a splode
    3. Re:In every country ... by passthecrackpipe · · Score: 1

      watch the Big Brother State - an awesome short film http://www.youtube.com/watch?v=jJTLL1UjvfU

      --
      People who think they know everything are a great annoyance to those of us who do.
    4. Re:In every country ... by santiagodraco · · Score: 0

      It's so good to know that we have you to tells us the TRUTH about the establishment.

      1. Everyone in power is corrupt and has a disorder that caused them to get there.
      2. We can never trust those in power because to get there they had to have this disorder and became corrupt as a part of the process.

      Where do you people come from? I'll tell me what makes me sick. It's the people like yourself who see ghosts around every corner, resent anyone with more authority than they themselves have and probably sit on their asses all day posting on blogs about the above.

      Face the facts, there will always be corruption and abuse of power. But there will ALSO always be those who don't, or simply through checks and balances mitigate the abuse of power.

      As a people it's our responsibility to speak out (wow amazing that you can even post like this in such a corrupt abusive country isn't it?) about what we see and feel needs changed. But the wise ones are able to see both the good and the bad rather than simply inventing imaginary vast conspiracies about things they feel powerless over.

    5. Re:In every country ... by MindKata · · Score: 2, Insightful

      "1. Everyone in power is corrupt and has a disorder that caused them to get there."

      No, not all people in power, but there is a disproportionate amount of them, that seek higher levels of power. Politics acts a natural selection process, acting on the ones seeking to fight for power over others.

      "2. We can never trust those in power because to get there they had to have this disorder and became corrupt as a part of the process."
      No, but many of them do bias power in their favor at the expense of fairness. The process of seeking power over someone else, in other words, the power to dictate terms to someone else, means that person seeks to push others lower than them.

      You show very extreme thinking. Taking things to extremes and then thinking the extreme must be wrong. Its not so extreme. Its far more subtle.

      "Where do you people come from? I'll tell me what makes me sick. It's the people like yourself who see ghosts around every corner"
      Its blind fools like you, who let these people get away with it all, for so long that, when its finally bad enough for even you to see, then by that time, its too late to stop them. The harm by then, is already done. Try reading some history, if you fail to see the nature of power seeking. I can assure you many of the most successful politicians definitely study political history. They study for years to learn how to gain power and influence over others.

      "Face the facts, there will always be corruption and abuse of power. But there will ALSO always be those who don't, or simply through checks and balances mitigate the abuse of power."
      Yes there will always be corruption and abuse of power. Thats why people need to defend democracy and stop these people undermining it for their own gain. Also who writes the laws? ... they do. The ones who seek power, generation after generation make the laws and decide what we consider right and wrong ... in law. They make the laws and choose which laws to change.

      "As a people it's our responsibility to speak out (wow amazing that you can even post like this in such a corrupt abusive country isn't it?)"
      We can post now, yes. But not in the future, the way its heading, not without repercussions. Freedom and democracy are getting undermined almost continously these days.

      "imaginary vast conspiracies"
      Be a fool, you'll only have yourself to blame, in the long run. Or try learning about Cluster B disorders and history before you stick your head in the sand and say nothings is happening. If nothing is happening, then what do you call this Slashdot news article?. If this was 50 years ago, people would have been utterly shocked at this news. Now we are suppose to just accept it? ... Past power seekers could never have dreamed of having this kind of power, yet we are suppose to just trust the current power seekers, when they have already shown they will abuse the law. They even used anti-terror laws against Iceland. Iceland are not terrorists. They have shown how they will abuse the law, even the laws they write! ... yet you want us to just keep trusting them, as they grab ever more power?!

      --
      There are 10 kinds of people in the world... those who understand binary and those who don't.
    6. Re:In every country ... by iminplaya · · Score: 1

      The desire for power is not a disorder. It's quite natural. The urge is to reproduce. Power is a means to that end. The alpha male gets the girl.

      --
      What?
  52. Re:Hide your data (plausible deniability+ physical by Anonymous Coward · · Score: 0

    How about you just touch the file into the past and then delete it? Sure they will be able to recover the file, but you can claim you deleted it a few weeks ago because you forgot the key.

  53. Previous offenses aside... by TheVelvetFlamebait · · Score: 1

    ... this doesn't sound too unreasonable. An encryption key isn't that different from a physical key. If the courts can demand one, why shouldn't they be able to demand the other under similar circumstance?. Certainly calling this totalitarianism (as certain tags do) is overreacting.

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  54. Former Democracy ? by mbone · · Score: 1

    I hate to say this, but given this, plus proposals such as the Communications Data Bill (2008) (described recently in Slashdot, and intended to monitor all telecommunications traffic in the country), when will people start thinking of the UK as a former democracy, where all of the democratic forms and customs are in place, but leached of any real meaning ?

    Of course, the proposal for 42 days detention without trial recently went down for defeat in the House of Lords, along with the proposal for secret inquests, so maybe the inevitable reaction to the excesses of the Blair years is setting in and people will stop this rot before it is too late.

    1. Re:Former Democracy ? by meist3r · · Score: 1

      You really think this will stop anywhere soon? Nothing has changed, the rights are cut down because people are still kept in that suspended state of hysteria around "terrorism" when would the governments of the world finally stop thinking in these ridiculous NAZI mentalities and grant some freedom rights to their citizens again? When they find Bin Laden?

      What people have to realize is that the leading class got a "get out of jail free" card on 9/11. For them it was a huge opportunity to change everything we know about our societies (of which most where never democracies to begin with even those that called themselves one). This will not stop until there is a MASSIVE rebellion civil war like outcry from the people that feel mistreated. But since more than 80% don't care and life in constant fear this will never happen. I'm getting ready for a world worse than everything 1984 could have ever predicted, after all Orwell loved people ... governments don't.

    2. Re:Former Democracy ? by AlgorithMan · · Score: 1

      imho it is already too late... I call the UK a dictatorship already. Same thing for the USA btw. and Germany also isn't far anymore (again...) i want to move to finland...

      --
      The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  55. Plausible deniability is the way to go by archeopterix · · Score: 1
    See StegFS for a proof of concept. With StegFS you can have many encryption layers and the key point is that the existence of next ones cannot be proved. Basically, you can disclose the key to the first layer and tell the police to get bent.

    Well, that is until some idiot judge rules that it's you who has to prove there are no encrypted files on your disk.

  56. duress key by timmarhy · · Score: 1

    use it. don't rely on someone else or the law to keep you safe.

    --
    If you mod me down, I will become more powerful than you can imagine....
  57. Re:Takes all of a couple of clicks by Lord+Bitman · · Score: 1

    I tried to start using encryption once, so I installed what I thought was an encryption program.

    Turns out what I installed was some sort of huge "key management system" with all sorts of ins and outs and a whole epic mountain of a learning curve which I was expected to either:
      - Learn all of intimately before I began
    or
      - Ignore and pretend I was being a neato-l33to secure communications boy just because some random program I had installed told me I might be.

    I don't need to understand the math behind it, but I do need to understand the concepts of what is going on. I should be able to say "Oh, I just received an e-mail, try using this key." instead of telling a huge system, which I presumably need to set up on every computer I ever touch, what to do for me.

    -- Someone who uses sftp when he cares

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
  58. Which key? by Hao+Wu · · Score: 1

    One password generates one set of files. The other password produces an entirely different set.

    Okay, you can have one of them, but I'm not telling the other...

    --
    I suggest you read Slashdot
  59. Re:Fuck the British equivalent of Homeland securit by M-RES · · Score: 1

    Yes, but what about terrorist nuts?

  60. Forgotten it. by Stooshie · · Score: 1

    What happens if you say you have forgotten the password to decrypt the key?

    --
    America, Home of the Brave. ... .and the Squaw.
  61. Afghanistan in Perspective by ricegf · · Score: 5, Insightful

    The Taliban regime in Afghanistan openly supported Al Queda training camps used to prepare for the 9/11 attacks. The original Bush Doctrine (you know, before there were 30 of them) stated (more or less) that a government that supported a terrorist organization is as illegitimate at the terrorist organization itself. This was a Good Reason for removing the Taliban, and indeed we did so with strong support from the civilized world. (After 2001, of course, we threw logic out the window, but that's a different tale.)

    By your logic, spending money to find a cure for a rare disease is "pretty dumb", since a lot more people die from other causes. I believe that your logic is faulty. It makes sense to address all of the causes of harm, as cash permits. To a person of my Libertarianesque perspective, that means the causes for which people are willing to spend their own cash, of course - including cash taken in taxes - but not my grandchildren's cash. A government that is trillions of dollars in debt ought to be horsewhipped and put on a very tight budget until they pay their debts - but again, that's a different tale.

    1. Re:Afghanistan in Perspective by bmsleight · · Score: 1

      I agree with Afghanistan. However history as shown us again and again that no one wins a land war in Afghanistan - How threatening was Iraq ? I think the lesson has now been learnt and Libya Syria and North K. are way to solev the problems with out war.

    2. Re:Afghanistan in Perspective by ricegf · · Score: 4, Interesting

      AFAICT, President Bush had 4 options with Afghanistan after 9/11.

      (1) Ignore it. This was the Clinton strategy, and had resulted in slowly escalating attacks on American and European soil over the previous decade or so. Whether it ultimately succeeded would have depended on whether momentum could be regained on a host of other fronts to make radical Islam irrelevant in the Muslim world - a questionable assumption. Nevertheless, it may have been the second most effective option available IMHO.

      (2) Take out the Taliban, disrupt Al Queda, then leave. Depending on your perspective, this would have stirred up the ant's nest (causing a rash of new attacks) or reset the clock by ten years (a cold war-like strategy that worked pretty well against an aggressive Soviet Union). This may have been the best option for the US in retrospect, although it would do nothing to help the Afghan's who were brutally oppressed by the Taliban (and most previous regimes :-/ ).

      (3) Take out the Taliban, evict Al Queda, and stick around for nation-building. As you mention, this would almost certainly be disastrous. If you're planning to fight radical Islam, this is the least favorable ground on the planet.

      (4) Take out the Taliban, evict Al Queda, then move the field of battle somewhere else. This was the Bush option, with "somewhere else" set to Iraq. This approach successfully set back Al Queda by 10 years (and counting), but cost the US and Britain the good will of most of its allies in the world. I suspect the president was counting on the Iraqi people embracing freedom and democracy, rapidly establishing a stable government, and joining the fight, which would have made this the winning option. If so, he miscalculated.

      You advocate waiting them out, and that has worked thus far with a pretty darned significant list of anti-democracy types. Not with Libya, though - they settled down only after a bombing run that killed Khadafi's daughter (among 45 military and 15 civilian casualties) - similar to option 2 above. It also failed most notably in the prelude to WWII, as has been endlessly rehashed over the past 7 years, so there are no guarantees.

      In retrospect, though, and with full 20/20 hindsight, and recognizing the high cost to the long-suffering Afghan people, overthrowing the Taliban and scattering the ants before a token nation-building exercise with the Northern Alliance amid steady get-the-heck-out-of-Dodge withdrawal was probably our best option - and a lesson to be learned for the future, if we're smart.

    3. Re:Afghanistan in Perspective by chrb · · Score: 1

      a government that supported a terrorist organization is as illegitimate at the terrorist organization itself

      Does this apply to the U.S. government, too? After all, the U.S. supported the Afghan Mujahideen when they were launching "terrorist" attacks against Russian soldiers.

    4. Re:Afghanistan in Perspective by bmsleight · · Score: 1

      Interesting - thanks for the reply. Iraq - was that a threat ?

    5. Re:Afghanistan in Perspective by OeLeWaPpErKe · · Score: 4, Insightful

      Your suggestion that the war in afghanistan is popular worldwide is ridiculous. It's unfortunate, but that's the truth.

      Yes it's given lip-service of supposedly being more "just" (what does just mean in this age of postmodernism ? In "modern" times it meant that Christianity was in a better position after the war, which is the doctrine (wars for ideology) that built the world we live in. What does a "just" war mean in a world without meaning (=postmodernism) ? Nothing. All wars are just. All wars are unjust. It's just a fashion, a feeling, nothing more, which boils down to "wars that benefit me financially or politically are just, the rest are unjust"). But support ? It has no support.

      Not a single "American" war has any real support in Europe (outside of, ironically, Turkey and the ex-USSR states, even though both have radically different reasons for the popular support)

      The sad thing is, if the USSR had lasted 10 more years (perhaps even a mere 2 years), the taliban would have been exterminated to the last man. As soon as the Russians realize this trivial truth, the USSR will (I think) resurrect itself.

      The real problem is deeper for the American republic. Just like the problem was deeper for the Roman republic before it. Obama, imho, plays the role of Catiline.

      Europe hates America because America is living proof that the "democrat-social" states of Western Europe are at best suboptimal, and probably doomed to succomb to the social part of their states, and America appears not to be. An essential part of the "social" ideology is that everybody is a socialist, and those that aren't are really criminals. Therefore America, and any war they're involved in, is criminal.

      Obama's popularity in Europe comes from his promise to change America into an equally doomed "social" "democracy" (which will obviously neither be social, nor democratic).

      It has nothing whatsoever to do with who attacked who and who is "guilty".

    6. Re:Afghanistan in Perspective by lazy_playboy · · Score: 1

      Options 2,3, and 4 all feature 'take out the taliban'. This is probably impossible without genocide.

    7. Re:Afghanistan in Perspective by OeLeWaPpErKe · · Score: 2, Insightful

      You advocate waiting them out, and that has worked thus far with a pretty darned significant list of anti-democracy types. Not with Libya, though - they settled down only after a bombing run that killed Khadafi's daughter (among 45 military and 15 civilian casualties) - similar to option 2 above. It also failed most notably in the prelude to WWII, as has been endlessly rehashed over the past 7 years, so there are no guarantees.

      You call the cold war "waiting out" the USSR ? I want what you're smoking. I suppose it looked more like waiting from a large distance. The US wasn't "waiting" on the USSR at all, but constantly fighting, and winning most (but not all) fights.

      Sometimes with dubious allies, constant battles, some won, some lost (even though it's a lie that the US ever supported Bin Laden, it is true that the US supported the once-existing "secular" wing of the taliban, which wasn't all that secular, but at least opposed to islam's jihad. They were massacred by the rest (as islam dictates, muslims who refuse to "fight, kill and die" for jihad are to be executed), and only the terrorists remain, having killed all the others)

    8. Re:Afghanistan in Perspective by ricegf · · Score: 1

      "Take out" == "remove from political power".

    9. Re:Afghanistan in Perspective by ricegf · · Score: 1

      Your suggestion that the war in afghanistan is[1] popular[2] worldwide[3] is ridiculous.

      [1] I said "received strong support"
      [2] I specified in "2001"
      [3] I specified in the "civilized world".

      Yours is such a long post to be based on such a blatant misquotation.

    10. Re:Afghanistan in Perspective by ricegf · · Score: 1

      Iraq != Afghanistan (which was my topic - see the subject line). So, to change topics... :-)

      Your question needs clarification. Iraq was certainly a threat to Iran, for example - they had a long war to prove it. They were a threat to Coalition aircraft, at which they routinely launched SAMs. They were a threat to the Kurds, against whom they had used WMDs in the form of nerve gas. They were a threat to Kuwait, whom they famously invaded in 1991. They were a threat to Shiite Muslims and other religions, who were routinely denied political power and legal due process.

      But I think your question is more precisely stated as, "Was Iraq a threat to the Western world in the same sense as Al Queda in 2001?" If so, then...

      No, Saddam was a secular Sunni and no friend to Al Queda. He was a megalomaniac and a brutal dictator, but they are a dime a dozen. I doubt he had the ability to effectively strike at Europe or American soil.

      Of course, since I said in my original post, "After 2001, of course, we threw logic out the window", that I hold this opinion should hardly surprise you!

    11. Re:Afghanistan in Perspective by ricegf · · Score: 1

      You answered your own question by quoting the word "terrorist". :-)

    12. Re:Afghanistan in Perspective by tick-tock-atona · · Score: 1
      Maybe you should try reading further on the links you give:

      In October 2001, polls indicated that about 88% of Americans and about 65% of Britons backed military action in Afghanistan.[148] On the other hand, a large-scale 37-nation poll of world opinion carried out by Gallup International in late September 2001, found that large majorities in most countries favoured a legal response, in the form of extradition and trial, over a military response to 9/11: Only in just 3 countries out of the 37 surveyed - the United States, Israel, and India - did majorities favour military action in Afghanistan. In 34 out of the 37 countries surveyed, the survey found many clear and sizeable majorities that did not favour military action: in the United Kingdom (75%), France (67%), Switzerland (87%), Czech Republic (64%), Lithuania (83%), Panama (80%), Mexico (94%), etc.

      Believe it or not, USA != "the civilised world".

      The war in Afghanistan was illegal and illegitimate. There are international agreements which the US is subject to and promptly ignored in 2001 when it was attacked, not by a country (though Bin Laden and most of the highjackers were Saudi's), but by a terrorist organisation. The "Bush Doctrine" is not a "Good Reason" for anything - it was just something dreamed up by that administration to establish military supremacy over one of "the greatest material prizes in world history".

      I don't think your perspective is very libertarian - it's not just a trendy word, you know?

    13. Re:Afghanistan in Perspective by ricegf · · Score: 1

      Could be. I tend to agree with the Libertarian Platform to a greater degree than the "major party" platforms, but I'm not a card-carrying Libertarian.

      I might point out that the platform "support[s] the maintenance of a sufficient military to defend the United States against aggression", and I certainly considered the attacks on 9/11 "aggression". If the Libertarian idea is that our military can't cross our own borders to prevent attacks... well, yea, I'm definitely NOT that kind of libertarian!

    14. Re:Afghanistan in Perspective by Toll_Free · · Score: 1

      His logic isn't faulty, it's nonexistant.

      That's his problem, he's not LOGICALLY thinking.

      Hence, He's PART of the problem.

      Simplistic views are sometimes the easiest to back up with facts. The simple fact of the matter that his elected (im assuming here) officials made the same mistakes as ours means he's completely full of (shit/himself).

      --Toll_Free

    15. Re:Afghanistan in Perspective by MikeBabcock · · Score: 1

      I dare you to find a company or government which has spent even 10% of what the war in Iraq has cost the American budget researching a disease of any type.

      The budget for the war in Iraq is not just staggering, its unforgivably large. The amount of money that has been thrown away (sure, the old tyrant is dead, but new ones are slowly taking over) at a war against a country that had little or nothing to do with the 9/11 bombings is ludicrous.

      Comparing this waste of taxpayers' money funding a killing field to researching rare diseases in order to save lives is bizarre to say the least.

      --
      - Michael T. Babcock (Yes, I blog)
    16. Re:Afghanistan in Perspective by MikeBabcock · · Score: 1, Insightful

      Europe hates America because America is living proof that the "democrat-social" states of Western Europe are at best suboptimal, and probably doomed to succomb to the social part of their states, and America appears not to be. An essential part of the "social" ideology is that everybody is a socialist, and those that aren't are really criminals. Therefore America, and any war they're involved in, is criminal.

      I'd like you to consider that the UK and France both at one time in their history went around the world "fixing" problems with guns the way the Americans do now, and have a broader and more experienced historical view of the results. Think "Africa".

      Also, looking at American life from the outside, I don't believe jealousy really covers how I feel about the racism, segregation, social apathy and wealth disparity I see. If anything, looking at how America has turned out as a global experiment probably makes most countries want to be more socialist, not less.

      --
      - Michael T. Babcock (Yes, I blog)
    17. Re:Afghanistan in Perspective by hanwen · · Score: 1

      How about:

      5. Move US military presence out of Saudi Arabia?

      The original motivation for Bin Laden to go after the US was their continued presence in the Holy Land (ie. Saudi Arabia) after the 1st Iraq war.

      --

      Han-Wen Nienhuys -- LilyPond

    18. Re:Afghanistan in Perspective by ricegf · · Score: 1

      The budget for the war in Iraq is not just staggering, its unforgivably large.

      Um hm. So's 800 billion for greedy banks and foolish politicians, as long as we're changing topics anyway.

      That is, I was specifically addressing the Afghan war (again, check the subject line). You might find, if you re-read what I wrote with a less fevered mind, that I said "after 2001", (and that would include the unfortunate events in Iraq, to save you a check on Wikipedia), "we threw logic out the window".

    19. Re:Afghanistan in Perspective by OeLeWaPpErKe · · Score: 1

      Have you ever even been to Afrika ? All of those states are better off now than before the colonization.

      In fact, the harder the host country fought to retain it's colony, the more use the colony seems to have gotten from itself being colonized. And many countries, when starting to reassert those "better" "traditional" policies ... well ... in case you don't know. The darfur genocide-jihad started long, long, long ago. When the British left the arab muslims started killing black muslims for (well for what ? for being black).

      Colonization was the best thing that ever happened to African countries. It liberated them from the islamic slave trade. Decolonization the worst, because it gave muslims the chance to restart their extermination wars on many fronts. One thing the colonizers did, for example, was defend blacks from the muslim-ottoman slave traders that were left after the collapse.

      Want to know just how bad the ottoman-islamic slave trade was for blacks ? Well you know how bad it is in America. So count the number of blacks you know.

      Now go to Marokko, a country that received AT LEAST several tens of millions of slaves over the course of the ottoman slave trade. Count the number of blacks ... ZERO. Same goes for Algeria (except the southern part that was still somewhat defended by France where despite constant attacks still some tuaregs alive), Tunesia, Egypt, Sudan, ...

      You will find, btw, many afrikans that agree with this in Afrika. You can still go and visit rather old (if clumsily constructed) mosques where the slaves were traded.

      Of course at the border of the "real" afrika (which is more or less the line that the "sahel" desert forms) you will still find muslims exterminating blacks. Darfur is just one battlefield that managed to attrackt at least some attention. But Chad, Ethiopia, Niger, Nigeria, Mali, Mauretania, and even Western Sahara are all, if for the moment mostly silent, battlefields where the muslims fight to exterminate the blacks.

      Go visit Afrika once. You'll be surprised at the situation on the ground and the real problems. There is more to afrika than little children with big eyes and big bellies : there are tons of Afrikans wanting to remedy that situation. There are cities, there are factories, there are farms farms and more farms. Food aid is destroying as much, if not more as it is saving, and it's got to be done more reasonably.

      Especially the UN is VERY VERY VERY bad influence on afrika. The disasters they caused, starting with the Katanga massacre by tibettan UN soldiers before the UN turned 5, but also continuing unabated today, the last large incident with moroccan soldiers raping black women in Senegal.

      I don't see afrika as the disaster you see in it. And the Afrikans that you want to support, the ones that actually want to fix things, are not the ones calling for more aid, they're the ones calling for less interference. Especially less interference from soldiers. And it would help if UN forces could stop killing and raping whenever they get the chance, but rather, they'd just like to be rid of them.

      Want to save Afrika ? Get out, and deploy soldiers exclusively on the line between arab muslims and blacks.

    20. Re:Afghanistan in Perspective by ricegf · · Score: 1

      You're correct, the isolationist path supported by Ron Paul is a fifth option I neglected to cover. Don't take this the wrong way, I generally like Mr. Paul - just not his foreign policy.

      In this case, unfortunately, it's the Jimmy Carter option. This would probably be as disastrous as option 3 in its own way, as the Saudi royal family collapses and another radical regime hostile to the West comes to power.

      Would terrorists then leave us alone? Not until we also abandon our allies (Israel and Kuwait come to mind). Without support, they would fall as well. At that point, radicalism could complete its sweep of the Middle East, bringing a new dark ages of theocratic rule. Hope that energy independence plan works really, really well, 'cause no more oil for the Great Satan!

      I could be wrong, of course, but disengagement from the Middle East would be exceptionally dangerous to carry out without a truly epic disaster for all concerned. I don't have that much confidence in Western governments to carry it off. I think I'll pass.

    21. Re:Afghanistan in Perspective by Neoprofin · · Score: 1

      Article 2(4): All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

      - Debatable

      Article 2(7): Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.

      - Nope

      You got me on the last one though, I could say that the actions of the security council at this point and at many others are just more self supporting politics, but it's just as easy to counter with a reminder that the UN is a completely voluntary organization, you say "subject to" I say certainly not "bound by."

      The fact that the UN can't do anything to enforce it's own rules because they'd need the support of the rule breakers is the exact reason it doesn't work. (That's actually my point, the rest was just fluff lead up)

    22. Re:Afghanistan in Perspective by Dan667 · · Score: 1

      But Bush used none of those options, he choose option 5.

      5) Attack the Taliban, but not finish them off. Over throw a country he wanted for his Dad's legacy (Bankrupting the US between bad regulation policy and the Iraq War). Alienate the US from it's allies by making unilateral and uninformed decisions. Make everyone else hate the US (thus making it easier for Al Queda to recruit)

      US citizens are definitively less safe going outside of the US. Hardly what the conservative hawks and Bush thought would happen.

    23. Re:Afghanistan in Perspective by ricegf · · Score: 1

      By "finish them off", are you suggesting that we engage in wholesale slaughter of those we defeated in battle??? They were removed from political power. In fairness to the president, that was the stated objective, and it was accomplished. I stand by my assertion that option 4 is the "Bush Option".

      I've traveled quite a bit outside the USA since 9/11, and have never felt unsafe. Indeed, those I met in UK, France, Spain, Italy, Mexico, Bahamas - all were exceptionally friendly, and other than staying inside at night in Marseilles on the advice of our taxi driver, I never took special precautions. Where do you travel that you feel threatened?

      On the other points, I tend to agree with you.

    24. Re:Afghanistan in Perspective by squiggleslash · · Score: 1

      Take out == go to a fancy restaurant and wine and dine with them. ;-)

      --
      You are not alone. This is not normal. None of this is normal.
    25. Re:Afghanistan in Perspective by Dan667 · · Score: 1

      The taliban just holed up and have been waiting it out. Bush diverted resources to Iraq rather than get at the last of the strongholds in Afganistan. It was a huge mistake and the taliban are regrouping.

      If you want to feel threatened, try going to a less developed country. Would be best if you had been there before so you could compare.

    26. Re:Afghanistan in Perspective by ricegf · · Score: 1

      Wait a minute. The Taliban "just holed up and have been waiting it out", yet Bush failed to "get at the last of the strongholds". Who got the rest of the strongholds? Sounds like you're saying the Taliban took serious losses, yet none were killed. Which?

      And if the Taliban survivors wanted to "wait it out" for 7 long years, they would more likely return to civilian life rather than live in a hole in the mountains. If the USA went after them as civilians, would you not then scream we were engaging in illegal combat operations? It's a brilliant "hole up" strategy - why present a legit target when you can be a "civilian"?

      And how would Bush know if former Taliban warriors were just "waiting it out", or if they had honestly given up arms and decided to support the new government? Since you believe you can read the minds of "the conservative hawks and Bush", as in your earlier post, do you assume he can read the minds of the Taliban warriors hiding incognito?

      Or (I suspect), do you just hate Bush regardless of his actions? :-)

    27. Re:Afghanistan in Perspective by Anonymous Coward · · Score: 0

      I was elected to lead, not to read. Number 3!

    28. Re:Afghanistan in Perspective by Dan667 · · Score: 1

      One question. If I am so biased, why are there on going operations in Afghanistan and American Soldiers still coming home dead from there.

    29. Re:Afghanistan in Perspective by MikeBabcock · · Score: 1

      $800 billion to shore up the faltering American economy is a drop in the bucket. Look up the numbers sometime.

      Dispensing that same $800 billion to the people of America directly would result in everyone being able to make a payment or two on their mortgages, maybe.

      How do you think business operates, exactly? Many many businesses operate on short-term loans to stay afloat, and without credit availability, they'd simply go bankrupt. The trickle-down effect of having no liquidity in the market is very scary and while I'd love to see the bankers who were in charge jailed, keeping the system liquid is much more important in the short term.

      PS, I'm canadian and we have neither problem with our heavily regulated banking industry.

      --
      - Michael T. Babcock (Yes, I blog)
    30. Re:Afghanistan in Perspective by MikeBabcock · · Score: 1

      I don't have time to read the rest of your message but consider this: those states didn't _exist_ before colonization. Those lines on the map were invented by western white societies, not by African nations themselves and often drawn in a way so ignorant of local politics that future wars were almost guaranteed.

      If by 'better off' you mean a flush toilet in between people getting their arms cut off, maybe you're right.

      --
      - Michael T. Babcock (Yes, I blog)
    31. Re:Afghanistan in Perspective by ricegf · · Score: 1

      $800 billion to shore up the faltering American economy is a drop in the bucket. Look up the numbers sometime.

      Howzabout now? Here are the numbers: $5.63 trillion in debt held by the public in 2008; we just authorized an additional 0.8 trillion, or 14% additional debt.

      drop in the bucket: A small, usually inadequate amount in relation to what is needed or requested.

      14% is neither "small" nor "inadequate"; the word "obscene" comes to mind, though, and it's exactly "what was requested" by the Bushites. So, no, by no stretch of the imagination was this a "drop in the bucket".

      All this ludicrous deficit spending even though we have yet to even begin a recession (despite three years of intense politically-motivated media cheerleading).

      I'm canadian and we have neither problem with our heavily regulated banking industry.

      And the United States wins again - Paulson just used his $800,000,000,000 blank check to effectively buy the banking industry in the USA. And another industry succumbs to the growing socialist sentiment.

      Jefferson's spin is undoubtedly approaching its relativistic limits.

      Fortunately, having the federal government take over a sector of the economy guarantees its success. I mean, look how much better education has fared since Jimmy Carter created the Department of Education in the mid-1970's.

    32. Re:Afghanistan in Perspective by MikeBabcock · · Score: 1

      Oh I'll bite ... I said compared to the size of the American economy, not your debt.

      Look up the annual GDP of the United States of America next time, which would be nearly 14 trillion dollars in 2007. That's right, they're trying to shore up enough liquidity to keep 14 trillion dollars worth of GDP alive. The amount of cash that moves through the banks to keep that economy alive is staggering.

      A one-time assistance package of $0.8 trillion is a drop in the bucket, compared to the size of the US economy.

      --
      - Michael T. Babcock (Yes, I blog)
    33. Re:Afghanistan in Perspective by Anonymous Coward · · Score: 0

      Steve Milano is a tardbus.

  62. But you can still refuse to reveal your encryption by M-RES · · Score: 1

    ...it's called the right to silence. As yet I think you can still refuse to speak... heh

  63. Re:Fuck the British equivalent of Homeland securit by Eighty7 · · Score: 1

    Since America is more powerful than Iraq/Afghanistan, it's really more like the bully pounding the kid's face into the pavement (hundreds of thousands dead, billions of dollars lost) due to a prank played on him.

    Seeing as how bullying is so prevalent, you'd think this behavior evolved because it's mostly effective. And yeah, overpunishing is a natural way to align incentives. There's numerous examples, but it's probably worst in politics. Many politicans can lose their jobs because of something small & unrelated like a slip of the tongue or an affair.

  64. Re:Too bad you can't resist. by Thiez · · Score: 2, Insightful

    Don't be ridiculous. The problem isn't that people can't resist, the problem is that they don't. They don't care. Giving every person in the UK a gun is not going to change anything.

  65. Re:What if the actual passphrase was illegal to sa by Sockatume · · Score: 1

    It's not illegal to say "I am going to kill the Queen". Otherwise I'd be locked up right now. Your second example is more important. Suppose they decide that 40GB encrypted partition of work documents that you are legally obliged not to reveal to third parties under Deed of Covenant. Now by asking you to release the key, they're asking you to break an existing legal agreement you have with another party.

    BRB, being arrested for first sentence.

    --
    No kidding!!! What do you say at this point?
  66. What encryption key? by Anonymous Coward · · Score: 0

    Honestly, officer, I don't know what you're talking about. This is not an 'encrypted volume', it's just a big /dev/random output.

    1. Re:What encryption key? by Anonymous Coward · · Score: 0
      I have a lot of chunks of data which _are_ just copies of /dev/urandom. So I can say with a straight face "sorry, this is just random data", "sorry, this is just random data". Whole hard drives of it, as a matter of fact.

      There's no way they'll be able to prove that any of it isn't.

    2. Re:What encryption key? by Anonymous+Cowpat · · Score: 1

      Infact, how long until some hotshot 'technical investigator' tries to claim that /dev/random IS a device that ought to be decryptable and mountable?

      --
      FGD 135
  67. Won on a technicality... by thompson.ash · · Score: 0

    compels someone served under the act to divulge an encryption key used to scramble data on a PC's hard drive

    I think I see a way out of this lads!
    I'm predicting ebay's traffic of pre-intel macs is about to take a massive leap!

    --
    I didn't say it was your fault, I said I was going blame you for it!
  68. European Court of Human Rights by Anonymous Coward · · Score: 0

    This is interesting as to how the ECHR will rule on this case.

    Their case laws are as follows: article 6 grants you the right not to incriminate yourself and you do not have to divulge information that is DEPENDANT of your will. So the question either is, does the key exist apart from your will, or does the data exist apart from your will.

    There is a difference between these two. If your key is solely in your memory, you do not have to divulge it. If someone else knows it, you have to give it. Does the data exist? Is encrypted state enough to say it exists.

    I would really like a ruling from them on this.

  69. 2-5 years or 25 to life by Mercodus · · Score: 1

    Hmmm, if i was a terrorist or organised gang member what would i prefer? 2-5 years for not reveling the key or 25+ years for what the file contains...

    --
    All alcoholics quit. Some while they are still alive.
    1. Re:2-5 years or 25 to life by Anonymous Coward · · Score: 0

      They'll just make the punishment for not revealing the key equal to the punishment for being found guilty of the charged offense.

  70. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 3, Funny

    They're complementary. Help yourself.

  71. Re:Fuck the British equivalent of Homeland securit by OeLeWaPpErKe · · Score: 1

    I don't mean any disrespect to those who died in 9/11, but people are dying all the time from accidents, disease and natural disaster. Wasting all the money you have on going to war in Iraq and Afghanistan when in fact it was a terrorist organisation and not a single country that attacked you, is pretty dumb. If you go around spending billions attacking everyone that you feel slightly threatened by, you'll end up in financial meltdown... oh, wait...

    It was an ideology that attacked America. A non-free ideology that can't assess it's superiority in any manner other than killing.

    Then again, since this is a religion, and we're "secular" : here's a thought : if Darwin's right, and they can kill others with relative impunity (which you propose : no real reaction against the ideology due to the 9/11 attack) then you have supported their behavior : they will obviously attempt to repeat it.

    And if they succeed, according to darwin, the price for you is extermination, down to the last man, woman and child.

    Tell me, is Darwin right ? Do Ideologies get selected out because of the killing/defense and procreation properties of their carriers ?

    Or is all that stuff nonsense ?

    (btw, I am an atheist too, I just honestly don't know how to think about this consistently. If Darwin's right, we have exactly one choice : fight back and fight to exterminate every last one of them. Extermination for one of the 2 parties is, regardless of tactics or respect for human rights (which the other side doesn't even pretend to have), or even firepower available the expected outcome. Even whether or not nuclear weapons are used (or even agreed to not be used) changes nothing : extermination is the Darwinist fate for all except one : one of the many is the fittest, after a little while this one will dominate. A little while longer and all others will be gone, and Darwin will start trying out new varieties, all descendent from this "one". Funny how it's entirely possible that the party that's killing people for embracing Darwinism could be the most fit one).

  72. No by Sycraft-fu · · Score: 5, Insightful

    It is also about avoiding catch-22s. The problem with requiring self incrimination is it can lead to a situation where they can lock people up for no reason. They charge you with a crime and say "Confess to this crime," you say "I didn't do it," they say "Refusal to testify against yourself is against the law, we are going to lock you up until you confess." So that is one important reason for the 5th amendment, it avoids situations like that.

    Well encryption keys fall in that category. There are three important cases I can think of:

    1) You forgot the password. This happens. I deal with many password reset requests a year and this is for computer/e-mail accounts that people use on a regular basis. If these people can't remember that, I find it extremely reasonable to assume they'd forget the password to an encryption volume they don't often use. Well, if you can go to jail for refusing to disclose your key, then you can go to jail for being forgetful.

    2) A file that isn't yours. Your computer gets hacked, or someone you know uses it without your permission. Whatever the case, an encrypted file gets stuck on your computer that isn't yours. You can't had over the key, you don't know it. However there's no way to prove that so you go to jail.

    3) Random data. Good crypto is nice and random. You can't distinguish it from other random or pseudo random noise. So you have a random file on your computer, or maybe just random data that there is a deleted file record for (as in there was a legit file there, it got deleted, it's space has now been overwritten by garbage). You can't prove it isn't encrypted data so you go to jail.

    So I see encryption keys as very relevant under 5th amendment protection. We do not want a catch-22 situation where police can lock you up indefinitely just because they find something that looks encrypted.

    1. Re:No by rea1l1 · · Score: 0

      A computer is a tool of the mind. It thinks and remembers for us. Tools of the mind should be considered part of the owner's mind and should be excluded.

    2. Re:No by Ngwenya · · Score: 1

      1) You forgot the password. This happens. I deal with many password reset requests a year and this is for computer/e-mail accounts that people use on a regular basis. If these people can't remember that, I find it extremely reasonable to assume they'd forget the password to an encryption volume they don't often use. Well, if you can go to jail for refusing to disclose your key, then you can go to jail for being forgetful.

      So what's the problem? If you can convince a jury that you've forgotten the passphrase, then you're off scot-free. You don't have to convince a judge - you need to convince a jury. This was an appeal to see if the original judge had made an error in law. Hence no jury.

      2) A file that isn't yours. Your computer gets hacked, or someone you know uses it without your permission. Whatever the case, an encrypted file gets stuck on your computer that isn't yours. You can't had over the key, you don't know it. However there's no way to prove that so you go to jail.

      No. You don't have to prove a damn thing. The prosecution has to prove that you do know the key. If there's reasonable doubt, then the charge can't stick. But if there's forensic evidence on the computer that the ciphertext and keyring were accessed when the computer was known to be in your possession, then that could establish such ownership.

      3) Random data. Good crypto is nice and random. You can't distinguish it from other random or pseudo random noise. So you have a random file on your computer, or maybe just random data that there is a deleted file record for (as in there was a legit file there, it got deleted, it's space has now been overwritten by garbage). You can't prove it isn't encrypted data so you go to jail.

      The prosecution needs to prove that it isn't random data.

      Look - let's be clear here. If I see an S/MIME or OpenPGP email in someone's inbox, I'm not going to think "Well, it could just be random data". That's perverse. If someone said that a huge file on a disk is a One Time Pad, and showed software on the computer which makes use of the pad, then that's a reasonable excuse for not decrypting the data.

      The folks in this case probably used PGP or the like. The "it could be random data" excuse just won't fly. They didn't want to produce documents because they were hidden, and the documents might convict them. That's not self-incrimination, it's refusal to obey a court order.

      I have no doubt that if a safe deemed to contain likely evidence could not be opened without destroying the contents, then a court would order the keyholder to open the safe, or risk contempt proceedings upon refusal.

    3. Re:No by Prof.Phreak · · Score: 1

      We do not want a catch-22 situation where police can lock you up indefinitely just because...

      Unless that's precisely their goal...

      --

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

  73. Re:Fuck the British equivalent of Homeland securit by ionix5891 · · Score: 0, Redundant

    i know lets declared a War on Nuts!

  74. No different than physical? by Golddess · · Score: 1

    In its ruling, the appeals court said an encryption key is no different than a physical key

    Then they should have absolutely no trouble obtaining it without my cooperation.

    --
    "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  75. Unfortunately ... by Ihlosi · · Score: 5, Funny

    ... my encryption key consists of a complete confession of my latest crime plus GPS coordinates of where I've buried the evidence. I'd definitely be incriminating myself by divulging it, so I won't.

    1. Re:Unfortunately ... by Keldi · · Score: 1

      This is flagged as Funny, but I think Interesting is a lot more accurate. Could this be valid? Committing a crime such as shoplifting, documenting that crime, including a video of that crime in the encrypted volume, and then writing a short confession as the encryption key?

    2. Re:Unfortunately ... by Keldi · · Score: 2, Interesting

      Hell, on top of that, encrypt two volumes with two different crimes. One volume with a lesser crime (jaywalking), containing a video of you jaywalking and a text explanation as a "proof of concept". That way you can divulge that key to decrypt that volume and show you're not just bullshitting. Then, a second more serious crime confession to encrypt the second volume with the real data. The first will show that you have encrypted drives with confessions, to give weight to the argument that divulging the second drive's key would be self-incrimination.

  76. Not if you are a citizen by Sycraft-fu · · Score: 1

    The fingerprinting is for visitors only. I'm a US citizen and I travel to Canada at least one a year. No fingerprinting on the way back in, no set questions (they ask varied amounts) and I don't have to present an itinerary . They figured, correctly, that visitors would have trouble contesting the retarded law whereas citizens could get it struck down. As a practical matter they pretty much can't keep you out if you are a citizen. You have a right to return to your country.

    1. Re:Not if you are a citizen by Neoprofin · · Score: 1

      In my experience you don't even have to answer the questions correctly. When we came down from Vancouver into Washington we were so hung over we could hardly explain that we were from one state, staying in another, on our way to a third, and had stopped in Canada for the hell of it.

      Didn't give us a second glance.

  77. Yeah right, its all the victims fault. by Anonymous Coward · · Score: 0, Insightful

    "Fail to do so and what's coming to you is solely your own fault."

    Really? You don't think its the fault of the person who goes on to commit what ever injustice against the victim?

    So you're saying, for example, a robbery is the house owners fault for not locking his door? The robber is some sort of force of nature that bares no responsibility?

    Is that really what you mean or have you just not thought you statement through.

    1. Re:Yeah right, its all the victims fault. by Kokuyo · · Score: 1

      Although it's way too late I just wanted to let you know that ripping things out of context is not the way to hold a discussion.

      The fundamental difference between the topic and your example is that the government is the people's lackey! Your example would actually be accurate if you'd say that the robbery was committed in the house of the mafia boss of whom the robber was a lackey. And in that instance, yes, the house owner is indeed responsible for his crony not behaving.

  78. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 0

    You premise fails because the UK is also in a utter mess, as are the other major markets. Some of whom are not fixated with invading other counties and killing thousands of civilians.

  79. Great News! by Egdiroh · · Score: 1

    In my opinion this is great news. And I mean that in all seriousness.

    This case sets the precedent that digital items are no different then there analog counter parts. Which is GREAT! Because investigators have avoided holding themselves to the same standards for respecting the privacy of digital mail and digital files that they have for their analog equivalent. So when you get dragged to court to reveal the key for your files that the government would have no business in if they were physical files, then the second the judge says you have to give it over because it's no different then a physical key, you can just argue that you shouldn't be compelled to give over the key because the government has no business being all up in your files.

    Ok, so this only good in an unreasonable search and seizure sort of way. But quite frankly that's the area of personal privacy that I care about. If they have a valid reason to be all up in your junk, I'm glad that you get to be held in contempt if you don't provide them a key.

  80. Plausible deniability by elfguy · · Score: 4, Insightful

    That's why it's far better to create hidden, encrypted containers, using Truecrypt's plausible deniability. If the cops see your whole HD is encrypted, it's pretty obvious, and they will want to see what's on it because then they start suspecting you have something to hide. But if you have a file called C:\Documents and Settings\Application Data\kb2357334.dat which is in fact a hidden Truecrypt volume, first they'd have to find the file, and then think that it may be encrypted, which is a chance in a million, so you're so much safer.

    1. Re:Plausible deniability by bdenton42 · · Score: 1

      Except that I've seen this particular tactic mentioned here on multiple occasions now. Do you really think they will never catch on and it will continue to be overlooked?

    2. Re:Plausible deniability by Anonymous Coward · · Score: 1, Insightful

      Not really, as a reasonably intelligent person would do one of two things first or both: search for recently modified files or produce a list of files sorted by size. Unless you do take the time to split encrypted volumes across files and afterwards set artificial timestamps, you're going to get tagged. Another thing I would do is produced a list of files sorted by full path and filenames and just filenames, because a person will need a system to easily remember where they left the volume files, if they split them. There are still ways to make this a little more difficult but for someone who is used to looking for such things, you would leave clues, even in the applications you use. You have to have decryption software installed or on external storage. After which I will ask first politely for the encryption key. Don't want to talk? Let's just say you would want to.

      The way to hide encrypted information is in a "free" area of the disk, using a partition and filesystem that is laid out much different than others (like putting partition/filesytem information at the end of the area). But when the investigator sees a "huge" area of unallocated disk, he's going to wonder still. But you will still need software to access the information. There's a lot here to unpack. Maybe using a website to temporarily pulling down the software (like a java app), then securely clear your cache, cookie, etc.

      The point is your method would leave breadcrumbs, and if I needed access to secure information for some reason and wanted to waste my time with you, you would give up the access. Ruthless, yes. But you shouldn't try to play with the big boys unless you are one. It's like some punk gang member trying to steal drugs from the mob; he just thinks he's a badass.

      Me personally, I would secure my information as best I could conviently and leave it at that. I have nothing to hide that the government couldn't find out on it's own.

    3. Re:Plausible deniability by plasmacutter · · Score: 1

      Nope, I don't think they will.

      Games use massive binary bundles like this. All you have to do is keep a current game installed, like world of warcraft, and you can cram anything short of an HD movie into it.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    4. Re:Plausible deniability by Sancho · · Score: 1

      Forensics people are actually pretty damned smart. If they see a binary blog, they'll try to tie it to anything they can. If they can't, they'll probably assume that it's encrypted personal data.

    5. Re:Plausible deniability by plasmacutter · · Score: 1

      Unless they can compel blizzard to provide the full source to the program, they cant prove which files are or are not part of the program's resources.

      Ah, one of the few benefits of proprietary software lockdown.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    6. Re:Plausible deniability by cbraescu1 · · Score: 1

      That's why it's far better to create hidden, encrypted containers, using Truecrypt's plausible deniability

      I am really getting tired reading such amateurish argument over and over again...

      Take a TrueCrypt volume, open it up with the "safe" password then try stuffing it with files. At some point, the limits of the allowed "safe" files" will show, and the difference between the "safe" files and the overall TrueCrypt volume will mean one and only one thing: that there is something else hidden in there.

      So much for "plausible deniability"...

      --
      Catalin Braescu
      Ofaly.com
    7. Re:Plausible deniability by maotx · · Score: 2, Informative

      Except that when you mount it with the "safe" password and you don't specify that there is an enclosed hidden container, when you stuff it with files the hidden container is potentially overwritten and corrupted.

      To add files to the safe container you have to provide the safe password and the hidden container password so the software can identify the limits of what you can store. Without it, you might as well not have a hidden container at all.

      --
      I'm a virgo and on Slashdot. Coincidence? Yes.
    8. Re:Plausible deniability by jabelli · · Score: 2, Informative

      You don't know how TrueCrypt works at all.

      If you have a hidden volume, to protect it, you need to enter the password for it. If you don't have the password for the hidden volume (because, for example, you don't know it's there), you can stuff files into the outer volume until you start destroying the hidden volume.

      Unless you're using a sparse volume, there's no way to tell if a TruCrypt volume contains a hidden volume, unless "they" take snapshots at different times and guess from the fact that ostensibly "free space" keeps changing, but they still can't really "prove" it.

    9. Re:Plausible deniability by Fweeky · · Score: 1

      Erm, unless you've given TrueCrypt the key to the hidden volume, the "safe" one will quite happily overwrite any data in it, because it doesn't know it's there.

    10. Re:Plausible deniability by Anonymous Coward · · Score: 1, Insightful

      Unless they can compel blizzard to provide the full source to the program, they cant prove which files are or are not part of the program's resources.

      Ah, one of the few benefits of proprietary software lockdown.

      Obviously you've never heard of File Advisor nor of the National Software Reference Library They may not have it today, but check back tomorrow.

    11. Re:Plausible deniability by TheBig1 · · Score: 1

      Binary blog.... would that be a blog consisting of only pictures / movies, or would that be a set of two blogs which complement each otherin such as was as to be considered a single blog... ;-)

      Cheers

    12. Re:Plausible deniability by Sancho · · Score: 1

      Oops :) Obviously I meant "blob."

  81. Re:What if the actual passphrase was illegal to sa by Anonymous Coward · · Score: 0

    Like, for example, if the passphrase was something that is covered by the Official Secrets Act and which would be illegal to divulge?

  82. That's why we have judges. by Tyrannicalposter · · Score: 1

    Coincidently, that is not only their title but their job. Judges "judge" things.

  83. Security isn't hard? by Anonymous Coward · · Score: 0

    I guess it's time for an http://yro.slashdot.org/yro/08/10/15/2222209.shtml over-sea proxy and http://www.truecrypt.org/ then

  84. Re:Fuck the British equivalent of Homeland securit by EddyPearson · · Score: 1

    Shit, statistically you have a MUCH better chance of being killed by a falling vending machine than terrorism.

    Unfortunatly /. don't make up the majority of the UK. Average Joe over here does what he's told by the Daily Mail.

    --
    You feel sleepy. Close your eyes. The opinions stated above are yours. You cannot imagine why you ever felt otherwise.
  85. Don't rock the boat by Anonymous Coward · · Score: 0, Interesting

    You can go 2 different routes. Encrypt all your HDs, speak out against the government on what we know are monitored channels like email, cellphones and IM, do highly visible speeches and get put on even more lists by the authorities... or you can create hidden encryption files, send files over under the radar mediums like IRC or XMPP, use word of mouth to speak directly to people in a way you know is not monitored, and in the end probably be just as successful, but being smart about it.

    1. Re:Don't rock the boat by turgid · · Score: 1

      use word of mouth to speak directly to people in a way you know is not monitored

      That's becoming increasingly difficult in the UK. We have pervasive CCTV surveillance (with audio) even in quite places like public parks.

      It's very difficult not to let your personality leak out once in a while. If you work for a very straight-laced boss who doesn't appreciate human nature and then are watched constantly for any "subversive" or "eccentric" or "non-mainstream" behaviour at all other times, life becomes an oppressive prison.

      We're nearly there now. It's getting pretty claustrophobic in here. Most people don't care. All the little human things are watched. Most are or will be made against the rules eventually. The rules will not be enforced until it suits those in power.

      Just as a vindictive employer can sack an employee on a technicality when it suits them (e.g. reading the intarweb news at lunch time in a company computer which is usually tolerated but against the rules) a vindictive and paranoid political regime will do the same to its citizens.

      Seen on CCTV peeing discretely behind a bush at midnight in a deserted area? Sex offenders register for you. Didn't vote for a mainstream political party last time around? Wearing a hoodie? Face piercings? Smoking a roll-up?

      More than two of you walking along the road at night? Standing chatting? Illegal demonstration. Down the Station for you to sleep in the cells and having to explain yourself.

      Why did you leave town last weekend? You don't normally go away at the weekend. What were you doing? Haven't you heard of climate change? Maybe you went to buy drugs! Or meet up with some subversives.

  86. No different than a physical key? by erroneus · · Score: 1

    an encryption key is no different than a physical key and exists separately from a person's will."

    I would respectfully have to disagree with the court's position and prove that it is false by willfully refuse to disclose any information that could incriminate me. The court's opinion is in conflict with obvious evidence to the contrary.

    1. Re:No different than a physical key? by HikingStick · · Score: 1

      Or, if you accept the court's premise, carry it out to its logical end. If a suspect refuses to turn over a physical key, law enforcement must either hire a locksmith or break into the protected space. Should it not be the same in the virtual world? If a suspect will not turn over a key, let law enforcement use the means at their disposal to break in.

      Of course, the reason they would not accept this logical extension of their argument is that they realize they likely never would be able to break into most systems (at least within the statutory limits).

      --
      I use irony whenever I can, but my shirts are still wrinkled...
  87. Well, there's just this one tiny detail ... by OeLeWaPpErKe · · Score: 2, Insightful

    Most people don't realise the game people in power are playing. People in power are not so interested in individuals. The ones in power are interested in adding everyone to different lists so they can then control and profiling groups of people, so they can then use divide and conquer tactics, to break groups of people up. The goal is that the fragmented groups cannot then stand and oppose the point of view of the ones in power. That is why they data mine.

    Now replace "the people in power" with "everyone". Give a few days thought for the very obvious but highly non-trivial fact that you yourself are part of "the people in power", and how you, nor anyone else, will do better.

    Because let's not kid ourselves. The more "progressive" a government, the more it progressed in the UK in placing surveillance. This is not to say the tories did not do it too.

    They did it less, and that's all we can hope for in the real world.

    1. Re:Well, there's just this one tiny detail ... by MindKata · · Score: 3, Insightful

      "The more "progressive" a government, the more it progressed in the UK in placing surveillance."

      The word "progressive" is a PR way of implying improvement and governments are getting very good at using PR to manipulate perceptions. The goal of any "improvement" is simply an improvement for the ones in power, to gain a greater control over the ones they seek to lead. They consider more control an improvement. Ultimately its about Cluster B Personality Disorders and how they behave. They relentlessly seek power over others. Normal people do not seek power so relentlessly, not matter what the people who seek power say or even think. Because people who seek power, think others are like them and so assume they think the same way as them. People who seek power fear the loss of power and constantly seek to gain ever more power. Over time, they bias things ever further in their faviour. This pattern of behaviour has been shown throughout history.

      --
      There are 10 kinds of people in the world... those who understand binary and those who don't.
    2. Re:Well, there's just this one tiny detail ... by OeLeWaPpErKe · · Score: 2, Informative

      Actually, no, "progressive" is a term that the politically left socialist/communists identify themselves with. I've never seen a libertarian or more right than that organisation use it.

      And the political left, the socialists/communists are screaming for "change".

  88. you wish! by AlgorithMan · · Score: 1
    http://yro.slashdot.org/article.pl?sid=08/10/15/2222209

    you can just argue that you shouldn't be compelled to give over the key because the government has no business being all up in your files.

    did you even read the summary? the whole point is that they decided NOT to accept this argument!

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
    1. Re:you wish! by Egdiroh · · Score: 1

      You're combining two different articles in two different contexts.

      The article I replied about is about a court ruling and the other one you referred to is about a new law. But it's the courts that get to sort out contradictory laws, So it's good that this precedent is in place prior to the first challenge of that law.

      But if that law holds up to the challenge that digital and analog equivalents are not equivalent then that's a ground to challenge this ruling.

      Currently we're in a bad way with digital files, communication and the storage of said items because we get a worst of both cases as to whether or not those things are legally equivalent to what we consider to be their analog equivalent. So getting these cases into court is good because then we can play the inconsistencies against each other until they are worked out. Unchallenged inconsistencies are bad because at some point the historical exploitation of an inconsistency starts to outweigh whether it should ever have been allowed at all.

  89. an image tells more than a thousand words.... by AlgorithMan · · Score: 1
    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
  90. Re:What if the actual passphrase was illegal to sa by ccoder · · Score: 1

    You bring up a good point, but the law in this case would not change.  I highly doubt any court of law that could complel you to reveal a password would have ANY compassion.

    Of course I hope there ARE sane Judges out there... I just doubt it.

    --
    "During times of universal deceit, telling the truth becomes a revolutionary act" -- George Orwell
  91. Re:Fuck the British equivalent of Homeland securit by jabjoe · · Score: 1

    Really? Ban NUTS! We must stop these murdering pulses! I suggest a bill to allow police to seize food recepies and food construction premises!

  92. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  93. The ain't no escape from a hole in the ground by westlake · · Score: 2, Insightful
    If a presumed-innocent person drops an actual key into a hole-in-the-ground, and refuses to divulge its location, the police can't incarcerate him simply because he refuses to say where it's located. That's loss of liberty without due process. They have to let him go.
    .

    No they don't.

    The procedure is the same:

    The judge will decide whether the demand for the key is legitimate. The judge will decide whether it is reasonable to believe you can produce it.

    That is "due process."

    If his answer to both questions is "Yes" then you can either cough up the key or reconsider your options from inside a 6x8 cell.

    1. Re:The ain't no escape from a hole in the ground by russotto · · Score: 1

      The judge will decide whether the demand for the key is legitimate. The judge will decide whether it is reasonable to believe you can produce it.

      Not in a criminal case in the US. (Probably in the UK it's different, but they've pretty much reached 1984 there). The cops can get a search warrant to look for your key (or your gun, or your wife's body), but they can't put you in jail until you tell them where said key, gun, or body is. That's part of the privilege against self incrimination.

    2. Re:The ain't no escape from a hole in the ground by theaveng · · Score: 1

      It's actually an inalienable RIGHT to not self-incriminate yourself. If you've got a safe filled with evidence, and for some reason the government can not open that safe, then you will not go to jail. You might go to trial, but the judge cannot order you to open that safe or reveal where you hid the key. Therefore you'd be freed.

      Any judge who tried to do that, torture you into revealing the key hidden in some hole somewhere, would be in violation of the Fifth Anendment, and his order would be overturned by either the State Supreme or the U.S. Supreme Court. And again, you'd be freed.

      Apparently in the UK they can just let you sit in jail without limit. How like the Roman Empire.

      --
      FOX NEWS.com should be BANNED from television and internet. Have the Congress take it over and give us Truespeak.
    3. Re:The ain't no escape from a hole in the ground by Albanach · · Score: 1

      but they can't put you in jail until you tell them where said key, gun, or body is. That's part of the privilege against self incrimination.

      Hans Reiser would beg to differ on that one.

    4. Re:The ain't no escape from a hole in the ground by DavidTC · · Score: 1

      I don't know what country you live in (I honestly don't.), but in the US, no, the judge cannot demand you tell them where the key is, or demand you tell them anything at all whatsoever.

      To repeat: In the US, no suspect can be jailed for failing to comply with the police or the courts demand for any information at all. You are under no obligation to tell them anything if you are a suspect in a crime except, possibly, your name. (And even that seems to be under debate.)

      Except encryption keys.

      Note this only applies to your own criminal activity. You can, in fact, be forced to incriminate others (Except your spouse.) and testify to their criminal activity, unless it would also incriminate you.

      The people who think people can be forced to provide any information to help the police are missing the concept of 'right to remain silent'.

      And people who think that encrypted data provides some sort of unique reality that demands we surrender our rights, simply because modern encryption is uncrackable, need to realize there are a dozen other 'uncrackable' things out there that law enforcement deals with. For example, the sheer amount of physical space means that it is very possible to hide 'undiscoverable' bodies or weapons, yet judges cannot imprison people until they tell the courts where the body is.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  94. Mission impossible... by xenobyte · · Score: 1

    In its ruling, the appeals court said an encryption key is no different than a physical key and exists separately from a person's will.

    I challenge the court! - Demonstrate how to obtain an encryption key from a completely uncooperative person without using illegal means like torture or mind altering drugs. A physical key can always be found and secured if it exists and the suspect is able to do so. A memory pattern is a completely different matter.

    No, a memory pattern is a most certainly an irremovable part of the person in whose brain it resides.

    What is the plan in case a person blankly refuses to cooperate? - Barring torture and drugs, they can only use the method of keeping the suspect in custody until he or she reveals the key, which also happens to be considered against basic human rights and a form of torture.

    If it was made legal to incarcerate people until they reveal an encryption key, it would be a police state backdoor to imprisoning people indefinately if they have any form of computer at the time of their arrest...

    "We suspect there is a hidden container on your harddrive! - Reveal the key or else!"
    "But I know nothing of any hidden containers!"
    "Just give us the key"
    "I don't know any key!"
    "Okay, you'll rot in a prison until you reveal it."

    Remember, with programs like TrueCrypt is it impossible to prove the existence of a hidden container without the key so either the court will never grant the unlimited imprisoning or it will blindly trust the police when they say that "it's likely there is a hidden container" and you have yet another element of a police state.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  95. Comment removed by account_deleted · · Score: 4, Funny

    Comment removed based on user account deletion

  96. Re:Fuck the British equivalent of Homeland securit by aliquis · · Score: 4, Interesting

    Over here in Sweden TV8 showed "The Anti-American" talking about how various european saw at USA. They talked with people in Poland, France and the UK. Maybe there was some italians or something to.

    Very interesting and it somewhat made me feel bad for saying stupid things about USA sometimes. Then french people was the most funny one talking about how everyone in USA except in NY was rasists and also how to keep the american culture and english words and influences out of their country.

    Yeah right, because french people are so open minded when it comes to influences themself? And they don't think everyone should learn french? Hillarous.

    The polish people really liked you and looked up against you, seeing america as the saviour against everyone invading poland. And the UK as your strongest ally obviously like you to except they want to be the imperial worlds #1 force and not just follow lead as it is now :)

    Sure we complain about your wars and playing world police, but in the end us europeans and everyone else always wait to long and do to little so I guess it's good that USA step in and fix up the crap, even if it's not a really democratic decision.
    The sad part is that you just step in where you have something to gain from stepping in, so problems in countries where you don't gain anything from interfering nothing will happen. But that's fairly understandable in general to.

    Oh, and they talked about how Europe, china (?) and especially japan needed the oil from the middle east region much more than USA but didn't helped to keep it political stable and keep the oil flowing. We just took the benefit without helping. Japan can always blame it on how they are pacifists. And also how you could have got the oil real cheap anyway so they argued that wasn't the factor, at least not egoistic and just for your own sake.

    Anyway, interesting program.

  97. Re:Fuck the British equivalent of Homeland securit by shakah · · Score: 1

    ...statistically you have a MUCH better chance of being killed by a falling vending machine than terrorism.

    Maybe the situation here is more dire in the UK, but I don't think your claim holds true for the US (and, absent statistics, it makes me doubt that it holds true for the UK):

    Are Vending Machines Deadlier than Sharks?:

    "... Moreover, according to the U.S. Consumer Product Safety Commission there were 37 known vending machine fatalities between 1978 and 1995, for an average of 2.18 deaths per year. ..."

  98. Re:Fuck the British equivalent of Homeland securit by jafiwam · · Score: 1

    Except, those that get killed by falling vending machines are always shaking it to get free product.

    So an ordinary person can reduce their probability to zero simply by not trying to get free product by process of shaking the machine.

    That is NOT true of risks of being killed by terrorism. Either mitigating the small risk is costly and life altering (buying and living on a ranch in some remote place, rarely leaving) or not predictable, and therefore cannot be mitigated by simple action.

    A better number for this comparison would be "falling in the shower". Certain subsets of Slashdot demographic aside, everybody washes once in a while.

  99. pff by Anonymous Coward · · Score: 0

    As emails can be retained and accessed without any control by various administrations there is no doubt that simple mail letters will soon be also read and filed.
    Basically, one cannot write or read freely anymore.
    That is the end of the freedom of information and speech.
    The encryption key story is just another step towards this. It is effectively asked to somebody to provide information that will lead to incrimination. An encrytion key by its very nature is an information it is not like a door key, because a door can be open without the key.
    So the argument given by the judge is false and a lie the comparison does not stand. it is again an abuse of power.

  100. Re:Fuck the British equivalent of Homeland securit by Shakrai · · Score: 1

    Our country doesn't make the same promises about liberty in a single document which all our countrymen regard as some kind of holy scripture

    Our promises of liberty aren't contained within a single document. The Bill of Rights is one of those promises -- State Constitutions are another. Historically speaking many of our rights come from the Common Law. The US Declaration of Independence and the Magna Carta also deserve some mention.

    It's like a kid vowing to never go back to school again because a bully once stole his lunch money.

    Ah yes, a perfectly legitimate comparison. Schoolyard bullies routinely kill thousands of people.

    Wasting all the money you have on going to war in Iraq and Afghanistan when in fact it was a terrorist organisation and not a single country that attacked you, is pretty dumb.

    You'll brook no argument from me on Iraq but what's the issue with Afghanistan? That's where the leadership of the aforementioned terrorist organization was located. I see no problem with going into that country to kill or capture them. My only regret regarding Afghanistan is that GWB was so preoccuipied with Iraq that we outsourced the job to the local warlords instead of doing it ourselves. If we had done it ourselves maybe OBL would already be dead.

    If you go around spending billions attacking everyone that you feel slightly threatened by, you'll end up in financial meltdown... oh, wait...

    The financial meltdown had very little to do with Afghanistan or Iraq. How did either of those wars result in an unregulated market for credit default swaps that equals nearly 5 times the entire GDP of the United States? What did either of those wars have to do with lending standards and sub-prime mortgages? How do you explain the fact that the rest of the World is also suffering when most of the other countries didn't support our efforts in Iraq and contribute very little to Afghanistan (apparently NATO is a one-way street where North America carries all the burden)?

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  101. Mod parent up by JoeCommodore · · Score: 1

    My thoughts exactly. Just say you can't remember, and tell them they will just have to look for it, since it's just like a physical key anyway.

    Obviously, if it is memorized, it is not be physical - and it is part of your will whether you divulge such information.

    --
    "Enjoy what you're doing! If it becomes drudgery, you're doing it wrong!" - Jim Butterfield
  102. Re:But you can still refuse to reveal your encrypt by Anonymous Coward · · Score: 0

    ...it's called the right to silence. As yet I think you can still refuse to speak... heh

    Sigh. The whole *point* of this discussion is that in this case you *don't* have a right to silence and *must* disclose the key or go to jail.

  103. New solution to protecting sensitive data by SuseLover · · Score: 1

    Maybe I should patent this idea. Similar to the two key system used by nuclear sub commanders to launch a missle, require two (or more) separate pass phrases to access the data where each person only knows ONE of the required pass phrases. If you are asked for your pass phrase, they woulds still have to figure out who has the other one and coerce them to give theirs up as well. If they are unrelated to the "crime" suspected it would be more difficult legally to force them to reveal it.

  104. Re:Fuck the British equivalent of Homeland securit by Shakrai · · Score: 2, Insightful

    Yeah right, because french people are so open minded when it comes to influences themself?

    The French have a cultural inferiority complex regarding anything from the Anglosphere. They feel that the French language and culture deserve the same recognition on the World stage as the Anglo-Saxon language and culture. They can be amazingly hypocritical at times -- our actions as the "world cop" don't even come close to the atrocities committed by the French in Algeria or Vietnam. I do always find it amusing that they accuse us of imperialism while forgetting about their own history though.

    Oh, and they talked about how Europe, china (?) and especially japan needed the oil from the middle east region much more than USA but didn't helped to keep it political stable and keep the oil flowing.

    This is the part that amuses me the most. We get most of our oil from Canada, Mexico and Venezuela. Keeping the Middle East stable is less for our benefit and more for the benefit of the countries that you mentioned. Funny how people never that.

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  105. Re:Fuck the British equivalent of Homeland securit by westlake · · Score: 1
    They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.
    .

    "The magistrate should obey the Laws, the People should obey the magistrate."
    - Almanack 1734.

    Franklin is always quotable.

    But Franklin was always a man of the city.

    The man who reforms and professionalizes the night watch - a man who thinks in terms of maintaining the public roads, the postal service, the fire department, the library.

    The liberties which concern him most are not necessarily those of the individual, but of the community in which he lives.

  106. Re:Fuck the British equivalent of Homeland securit by santiagodraco · · Score: 1

    How unaware you are.

    First off, what does this have to do with the OP? Nothing, but it gives you are chance to vent I guess.

    Second, your first sentence makes no sense whatsoever. How about answering the "as" implied?

    Third, I love those who, like yourself, cheered the war when it came (because back then you know where the terrorists were and what we had to do to get TO them) but now that the harsh reality of war, and it's impact on YOUR cushy way of life is apparent, preach how it's a "massive overreaction" and "dumb".

    There was nothing dumb about the Afgan war. Iraq is questionable, granted, but like I said, there were few questioning it when it happened but there's sure a lot of "wise" people questioning it now. I wonder why.

  107. Which is exactly why by SuseLover · · Score: 0, Offtopic

    Congressional term limits need to be re-imposed. Career politicians/lawmakers are the problem.

  108. Re:Fuck the British equivalent of Homeland securit by hesaigo999ca · · Score: 1

    Wait a second, don't compare apples to oranges, I am the first to agree with you about conspiracies to go into another country and steal their oil, but for one minute, if we were to assume it was a REAL attack, not staged by their own gov. then they owe it to their people to retaliate else they look feeble and attract more even more attacks from not just one terrorist cell, but all of them.
    This was about respect and retaliation when the US was attacked.

    If we use the bully at school, you would tell him to stand up to that bully correct, else the bully will just keep going at him. The USA had to do what they did, IF IT WAS A REAL ATTACK, but because you and I both DON'T KNOW the real facts, we can only accept it was a real attack as told to us by the US gov. If another country comes up with sound proof that it was in fact a staged event, then we could speculate, but innocent until proven guilty, is the American motto I believe.

  109. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 0

    You're example is only half-right.

    Iraq was flat-out wrong, a fabrication by George W. Bush.

    Afghanistan, however, is/was exactly where we needed to be (that's where Al Qaida was/is hiding out).

    And yes, your other points are right. And it didn't help when Shrubbie stated "if you're not with us, you're against us!" Such a tool.

  110. Re:Fuck the British equivalent of Homeland securit by plasmacutter · · Score: 2, Funny

    ...statistically you have a MUCH better chance of being killed by a falling vending machine than terrorism.

    Maybe the situation here is more dire in the UK, but I don't think your claim holds true for the US (and, absent statistics, it makes me doubt that it holds true for the UK):

    Are Vending Machines Deadlier than Sharks?:

    "... Moreover, according to the U.S. Consumer Product Safety Commission there were 37 known vending machine fatalities between 1978 and 1995, for an average of 2.18 deaths per year. ..."

    Ah, but he said "falling" vending machines.

    That would not be classified as a vending machine fatality, but rather an industrial freight fatality. The real statistics are hidden.

    I blame the labour party : )

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  111. Re:Fuck the British equivalent of Homeland securit by PunkOfLinux · · Score: 1

    No, it's more like one teacher slamming another teacher's face into the pavement just because one of their students played a prank on the first teacher. Wonderful.

  112. Re:Fuck the British equivalent of Homeland securit by plasmacutter · · Score: 1

    The constitution USED to be referred to as "the supreme law of the land"

    Unfortunately, since the nixon years, the supreme court has been using creative interpretations.

    The most abused clauses I can think of a is "cruel and unusual punishment", followed in order, by the fourth, first, and fifth amendments.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  113. Re:Fuck the British equivalent of Homeland securit by PunkOfLinux · · Score: 1

    Coexistence is a third option.

    If we hadn't gone to middle east centuries ago and randomly killed muslims just so we could have our 'holy' city back, they probably wouldn't be so pissed off at us.

  114. Its all in the Mind! by Kryptic+Knight · · Score: 1

    In its ruling, the appeals court said an encryption key is no different than a physical key and exists separately from a person's will.

    "The key to the computer equipment is no different to the key to a locked drawer," the court found. "The contents of the drawer exist independently of the suspect; so does the key to it. The contents may or may not be incriminating: the key is neutral."

    Fine .. I challenge the court to point to the exact location in my brain where an encryption key resides.
    Oh dear they can't .. so its not a equivalent with a physical object like a mechanical key is it?

    --
    --- This meme is memory intensive
  115. Actualy that's not true by Tyrannicalposter · · Score: 1

    They could grant you immunity to prosecution and then force you to testify. You could then be jailed if you refused.
    I could even imagine a multi-national jurisdiction case where you could be forced to testify in one jurisdiction with immunity that is not respected in another jurisdiction.

    You could also be forced to testify against someone else, such as a spouse.

    1. Re:Actualy that's not true by idontgno · · Score: 1

      In U.S. Federal evidence/testimony rules, 5th Amendment protection against self-incrimination extends to a person being compelled to testify against a legal spouse*. See Trammel v. U.S..

      *With a few exceptions.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
  116. YAY BLAME CLINTON!!!! by plasmacutter · · Score: 1

    (1) Ignore it. This was the Clinton strategy,

    actually, clinton was preparing to go after afghanistan toward the end of his term. He chose to allow his successor to begin this campaign rather than leave the commander's chair in its most critical phase.

    Enter bush, with operationignore

    Bill Clinton's far-reaching plan to eliminate al Qaeda root and branch was completed only a few weeks before the inauguration of George W. Bush. If it had been implemented then, a former senior Clinton aide told Time, we would be handing [the Bush Administration] a war when they took office." Instead, Clinton and company decided to turn over the plan to the Bush administration to carry out. Clinton trusted Bush to protect America. This proved, nine months later, to be a disastrous mistake - perhaps the biggest one Clinton ever made.

    While all the Bushies focused on their pet projects, Clarke was blowing a gasket. He had a plan, and no one was paying attention. It didn't help that the plan had been hatched under Clinton. Clinton-hating was to the Bush White House what terrorism- fighting was to the Clinton White House.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:YAY BLAME CLINTON!!!! by Danny+Rathjens · · Score: 1

      After the African US embassy attacks Clinton also launched a bunch of cruise missiles trying to kill Bin Laden at training camps in Afghanistan that he was at. Apparently they missed him by a couple hours. It's strange how many Bush supporters like to pretend that Clinton did nothing. It's not invading a country, but it seems to me like it was a far more appropriate response. http://en.wikipedia.org/wiki/Cruise_missile_strikes_on_Afghanistan_and_Sudan_(August_1998)

  117. Re:Fuck the British equivalent of Homeland securit by aliquis · · Score: 1

    But then again yes, USA helps some countries become democratic / remove dictators/ whatever, but obviously not all countries. Though I guess it's hard to fix the whole world at once and USA have no obligations to do that.

    (They also mentioned how you had the choice to just ignore it all and don't do anything. Then people wouldn't had the chance to blame it all on you, but then again the leaders didn't cared so much about all the lame whining =P. And I guess if USA didn't interfered but still had a huge powerful military force some people would start complaining how you didn't do anything instead :D)

    (I think the polish people discussed who else would had helped them, the british? Not likely that they'd care, and so on.)

  118. Re:Fuck the British equivalent of Homeland securit by Hognoxious · · Score: 1

    You really think the current state of the Middle East is due to the crusades?

    Take the UK, US, France and Germany. There have been wars between various combinations of them on and off until fairly recently, and we all get along more or less OK now.

    There's got to be more to it than something that happened a very long tiome ago.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  119. Um..I forgot by moxley · · Score: 1

    I forgot.

    Prove I didn't.

    (I shudder to think what methods some of these psychos working in intel may have devised to try to counter this sort of argument - especially with how severely the "laws" in these western countries now seem to be getting in respect to not allowing any sort of due process).

    The thing is that people DO forget passwords, especially ones they don't use everyday and, I would think, even more so with something embarassing, very private, or potentially incriminating that someone is going to want to make secure.

    How would this be dealt with? I am sure they'd say it was all a ruse, but what if it wasn't?

    Would they try to lock someone up until they "remember?" No due process there really, but I guess that is a disappearing concept, which is sad reallly.

  120. You miss a critical difference. by plasmacutter · · Score: 1

    A warrant can be enforced without my cooperation.

    They can drag me away by force and search my house.

    If I'm clever enough, I could have hidden it in a manner the investigators did not anticipate, and still get away with the crime.

    Handing over an encryption key requires me to cooperate and incriminate myself.

    They can copy and brute-force crack my drive if they like, and have several thousand years, but they should not be allowed to compel my password.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  121. Re:Fuck the British equivalent of Homeland securit by msuarezalvarez · · Score: 1

    Darwin did not make any claims as to the ways ideologies get selected, and the theory of evolution has no place evaluating foreign policy.

    The confusion your post evinces is amazing.

  122. Good luck by weiserfireman · · Score: 1

    I love the court trying to order that the encryption key exists seperate from the will of the defendant

    Since the key only exists in the defendants mind, I wish the courts the best of luck in trying to separate it.

  123. free will vs. something which can be confiscated by Anonymous Coward · · Score: 0

    An encryption key is separate from free will only insofar as I am willing to give it to you by my own free will.

  124. Stop What you're doing... by Sounder40 · · Score: 1
    Stop what you're doing right now. I mean it--stop.

    Go to this web site and download and read Cory Doctorow's Little Brother. It's free. It's apropos to this story. It's enlightening. And it may just change your view of the world.

    --
    A clever person solves a problem, A wise person avoids it. -Einstein
  125. Re:Fuck the British equivalent of Homeland securit by Toll_Free · · Score: 1

    Oh wait, tying two things together that literally can't be, is....

    Oh yeah, bullshit.

    I don't mean any disrespect to someone that doesn't know what they are talking about, but....

    Letting a COUNTRY (like Afghanistan could be considered a working country since the USSR invaded, what, a couple DECADES ago) like Afghanistan to aid and abet, or allow them to let a known terrorist organisation to be harbored within their borders is a great idea. Like the ideas of the last couple decades of political communism (or European socialism, depends on your side of the pond as to what you want to call it) and ignoring the problems of the middle east where the PROPER way to deal with it, right?

    You're an idiotic kid with little to no ideals of the real world. I'm sure a bunch of euro fags will come along (that have no idea of the linking of France and Germany, since most of you didn't have a fucking clue what happened before you where conceived) and mod me down, but that's OK, sometimes being CORRECT isn't being politically
    correct.

    Oh wait, you from the UK? Nevermind, I'm sure, since history repeats itself, we (the US) will have to come hand Germany their asses on a platter, AGAIN.

    --Toll_Free

  126. Threadjack by Corwn+of+Amber · · Score: 2, Informative

    Back on topic... (where I Will Be Read)

    I remember some years ago, a hacker group forged an e-mail that seemed to come from the minister who had proposed that very same law. It was ncrypted in RSA-512 or something that level, and then they reported the minister to the police, saying he was in touch with criminals (that word had not been replaced by "terrorists" yet). He evidently could NOT prouce the key, and the law was scrapped.

    With politicians having no memory whatsoever, I think someone has to do the very same thing every time... Let's try the judge who ruled this.

    --
    Making laws based on opinions that stem up from false informations leads to witch hunts.
    1. Re:Threadjack by Anonymous Coward · · Score: 1, Funny

      It was ncrypted in RSA-512 or something that level, and then they reported the minister to the police, saying he was in touch with criminals (that word had not been replaced by "terrorists" yet). He evidently could NOT prouce the key, and the law was scrapped

      It looks like you're having some trouble proucing the keys yourself.

  127. Indeed. by plasmacutter · · Score: 1

    This would be the sane interpretation.

    I'm wondering who touched the daughters of the mods who gave GP "insightful"

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  128. Re:Fuck the British equivalent of Homeland securit by Zashi · · Score: 1

    Social Darwinism has little to do with Darwin really and much to do with Herbert Spencer, a nutjob IMHO.

    --
    Skiffy is Spiffy, but Ort is tort.
  129. Re:Fuck the British equivalent of Homeland securit by gnick · · Score: 2, Insightful

    Wasting all the money you have on going to war in Iraq and Afghanistan when in fact it was a terrorist organisation and not a single country that attacked you, is pretty dumb.

    That is blatantly unfair. We are not wasting all the money we have. We don't have nearly that much money - We're wasting money we don't have.

    --
    He's getting rather old, but he's a good mouse.
  130. nemo tenetur se ipsum prodere by Anonymous Coward · · Score: 0

    This violates the well-known "nemo tenetur se ipsum prodere" principle that is also constituted in the European Convention of Human Rights, which overrides UK law.

    The question is not whether encrpytion keys are comparable to real keys. According to the nemo tenetur principle you have to endure rightful passive measures, but never have to actively assist in your own conviction. The comparison to DNA samples also shows a poor understanding of this very basic principle for the same reason - they are taken, you're not giving them.

    So put shortly - the defendant should claim a violation of his rights under the ECHR.

  131. Mental note by Mr+Z · · Score: 2, Interesting

    Mental note: Use a key that gets distributed among several confederates and that I retain no personal knowledge of, other than a small piece. It will at least distribute the risk. Retain only a small portion of the key for myself, and store it in an obscure place.

  132. that doesn't work by Anonymous Coward · · Score: 0

    The first thing investigators do is make a copied image of the entire drive. They do all of their investigation on the copy, leaving the original untouched. If your 'duress' password triggers the erasure of the copy, they will just have confirmation that it really is an encrypted volume of some sort, and knowing this, they will simply apply rubber-hose cryptanalysis to you until you give them the real password.

  133. wait...what? by Anonymous Coward · · Score: 0

    You mean I can be ordered to hand over the number to my Swiss bank account, when I don't even have one? When the authorities suspect that I do, but have no way of either proving or disproving it?

    You mean I can be thrown in jail for up to a year for not giving them the number to my Swiss bank account, even when I don't have one?

    How is it morally defensible to throw someone in jail and let them rot, until they cough up a piece of information that they may not even have?

    I use full-disk encryption on my hard drives, so they are basically full of random bits. (By the way, the reason I do this is so that if my computers get stolen, the thieves won't have access to all of my personal data.) Now if some cop asks me for the password, I might be able to provide it... for the one I currently use. For ones I used a few years ago? Unlikely, I change it every year and I don't really remember the old passwords. I never write them down. How would they know the difference? If they won't accept "I forgot" as an answer, then what the fuck am I supposed to do?

    I see all of this as just a way to punish people who try to hide things from them. Cause, like, if we've done nothing illegal, then of course we should have nothing to hide!

  134. Wise comments, these ..... by King_TJ · · Score: 1

    I would only add that it strikes me as quite possible the choice of U.S. president is already pre-decided? I realize this is one of those "far out conspiracy theories" ... but hear me out and see what you all think?

    Perhaps, we're really being "governed" by a group of rich families with deep ties to the banking establishment? (Consider that President Bush's grandfather was married into this group of people.)

    For quite a while now, America has been a "thorn in the side" of other nations, because we're perceived as a "young upstart" who won't just sit down and follow the rules (Socialism, etc.) that most other nations follow. We've got our own monetary system and are a big enough "player" in the world economics game that everyone has stakes in it ... but how much more convenient would it be if our American dollar was eliminated, replaced by something more like the Euro?

    The problem is, we've got this pesky "Constitution" and "Bill of Rights" that our citizens tend to be such strong believers in. Nobody is going to seriously accept a leader who steps in and tears all of that down in one fell swoop. So instead, it has to be taken apart slowly, brick by brick, so people hardly notice it changing until it's too late to do anything about it.

    I think that's where we're at today. Just like the last couple elections, this one will be VERY close, but I predict we'll see Obama "win" because that's what the real "puppet-masters" pulling all the strings want to have happen. Just like Clinton, Obama is one of those relatively unknown people that ascends out of nowhere to be a popular, well-spoken figure that a lot of people like. And he has the agenda that the powers that be want for us.

    (Interestingly though, Clinton may not have played along quite how they envisioned. With his JFK complex and all, he apparently really thought he could run the country his own way - instead of just being one of their puppets. That probably would have gotten him killed, except he was smart enough to orchestrate that FBI theft that got him enough "dirt" on important people so he became dangerous. That, too, may be a key reason his wife was pretty quickly "shut down" at getting to run for president this time around?)

    Or hey, maybe this is all way off base ... but I think it's interesting to ponder, at least.

    1. Re:Wise comments, these ..... by OeLeWaPpErKe · · Score: 1, Troll

      Personally, I think you need to realize that this acceptance of free opinion that you have in Amerika is not nearly as widespread as you assume it is (not even in America).

      In Europe, you can actually get physically attacked in some places for being openly against Obama, but mostly people will just hurl insults at you. Racist, warmonger are popular ones.

      There is no-one controlling these people. They're just used to getting free handouts from government, and they will fight to keep them. Obama will apologize for America, and presumably prepare the road to bring America into the EU, that means bigger government. More money for handouts.

      Even in America the press is more than just a little bit "left-leaning". In Europe, it's slightly more extreme than Stalin. In America it's ridiculous and "just some repeats" if some idiot claims that fearmongering and racism are campaigning against Obama (we all know who's side Wright was on, right ? So to say the least some of the more extreme racists are for Obama), in Europe it's front page news just about everywhere.

      The extreme left dominates public opinion to a ridiculous extent in Europe. In America, it's a comparatively more moderate left. But the left is like muslims : they never stay moderate for long.

    2. Re:Wise comments, these ..... by meringuoid · · Score: 1
      Perhaps, we're really being "governed" by a group of rich families with deep ties to the banking establishment?

      It's OK, we know what you mean. You can say 'Jews' here.

      --
      Real Daleks don't climb stairs - they level the building.
  135. Re:Fuck the British equivalent of Homeland securit by DM9290 · · Score: 1

    Our country doesn't make the same promises about liberty in a single document which all our countrymen regard as some kind of holy scripture. It is the American attitude of how you are all in the "land of freedom, better than all other nations in every way" that makes your massive overreaction to one terrorist attack so ironic. It's like a kid vowing to never go back to school again because a bully once stole his lunch money.

    I don't mean any disrespect to those who died in 9/11, but people are dying all the time from accidents, disease and natural disaster. Wasting all the money you have on going to war in Iraq and Afghanistan when in fact it was a terrorist organisation and not a single country that attacked you, is pretty dumb. If you go around spending billions attacking everyone that you feel slightly threatened by, you'll end up in financial meltdown... oh, wait...

    Actually the constitution of the united states has more legal power than the holy scripture ever did. And the USA is not the only country which has such a document. Look at Canada. Look at Japan. Look at France. The UK is still living in the dark ages with respect to its constitution. It has none, and in its place it has nothing but dumb luck as to whether or not any given Monarch is going to be a benign and loving ruler, a tyranical maniac or perhaps an ignorant and naive child with a learning disability who lives in Denmark and doesn't speak English. The US constitution is a more valuable piece of law than anything which ever came out of the UK.

    the people of the UK are at the complete and utter mercy of government, a government which is still partially hereditary and partially theocracy. The UK has the worst civil liberties in all of europe and its only going to get worse and worse without a written constitution.

    At the most fundamental level, the UK has a government which is not by the people, but is separate and apart from the people. The people have no real power or rights in the UK except what the government supposes it gives them.

    And FYI: In case you didn't know, the UK is also at war in Iraq and Afghanistan and is ALSO spending billions.

    --
    No one has a right to their *own* opinion. They have a right to the TRUTH.
  136. 1 year vs how many? by Anonymous Coward · · Score: 0

    If I were a terrorist, or had a boatload of kiddie pr0n on the drive, you damn straight I would "forget" the key.

    Let's see, ONE year for obstruction of justice vs. many years in Pound Me In The Ass the prison? Gee, my memory would really suck ass about then.

    How about doing what I do? I carry around a SecureID fob that is broken (cracked it open, zapped the guts with 110v AC) and melted off a few of the serial ID's on the outside) and say "hey, the code is 1234 plus whatever is displaying on that key. I can't help it if the key is broken!!"

    Haven't had to say it yet, but I'm ready to.

  137. Solutions to this by Anonymous Coward · · Score: 0

    Well there are two good ones. One use a two key system like TrueCrypt which makes it impossible to prove you have any hidden data. Two, make the key an incriminating statement. The reason they ruled this way is that they treat the key as physically separate thing from the person, by making it an incriminating statement you can claim that they act of giving them the key would inherently incriminate you.

  138. Re:Fuck the British equivalent of Homeland securit by RiotingPacifist · · Score: 1

    Giuliani'd in the 1st reply And its sort of on topic, well played good sir, well played.

    --
    IranAir Flight 655 never forget!
  139. Re:Fuck the British equivalent of Homeland securit by Neoprofin · · Score: 1

    Our country doesn't make the same promises about liberty in a single document which all our countrymen regard as some kind of holy scripture.

    Does that make you feel better about this?

  140. keys by protomala · · Score: 1

    "the appeals court said an encryption key is no different than a physical key and exists separately from a person's will"

    Well, at least here in Brazil, you have the right to do not give your keys to the police, but if they have a warrant, they can kick down your door.
    So, they could stole my encryptation keys, but not force me to give it to them.

  141. Re:Fuck the British equivalent of Homeland securit by iminplaya · · Score: 1

    anyways don't more people die every year due to NUTS than terrorism?

    Sometimes you feel like a nut...

    --
    What?
  142. what if keyphrase itself incriminates? by tobyvoss · · Score: 1

    my encryption keyphrase is, of course, "i kill3d k3nny [...]" so i can't divulge it without incriminating myself.

    should give the unsavvy judge a migraine...

    but to that idiot, there may be no difference between my "confession"-keyphrase and the encrypted "suspected evidence", anyway...

  143. Problem Solved by kenj0418 · · Score: 1

    Here you go. I'm sure this solution has shown up on slashdot before:

    1) Visible Encrypted Volume containing:
          a) Pr0n

          b) Hidden Encrypted Volume containing:
                i) Naked pictures of Bea Arthur, or otherwise freeky (but legal) Pr0n
                ii) Suspicious looking but legal plans to take over your local condo board
                iii) Hidden Encrypted Volume containing:
                        A) Your top secret plans to take over the world

    If you get the court order then give them the key for 1). If they get pushy, then give them the key for b). Act like you have no idea about iii)

  144. The difference is that by roguegramma · · Score: 1

    The difference is that with a search warrant for a house, police can simply lock you up for a short time and force their way into the house.

    They cannot do that with a passphrase or key for an encrypted volume.

    I hope you see the difference now.

    --
    Hey don't blame me, IANAB
  145. Written notebook by Anonymous Coward · · Score: 0

    I disagree. Let's say I keep a written notebook (pen and paper). I write information in code. The police can demand the notebook, but I don't have to tell you what it means. Good luck reading it.
    Likewise, you can demand my hard drive, but I don't have to tell you how to decode it.
    Life in a free society means the police don't always get what they want, and yes, sometimes the bad guys go free. Deal with it.

    Besides, technically I don't know the key. I know the passphrase that the program will then use to calculate the key.

  146. I still reserve the right to be forgetful by someone1234 · · Score: 1

    I swear under oath that being forgetful is my only 'sin'. It is awful if law punishes this with years in prison.

    --
    Patents Drive Free Software as Hurricanes Drive Construction Industry
  147. RIP - a bad cade of the law by Anonymous Coward · · Score: 0

    ...this article is exactly why I protested against the RIP bill, including canvassing MPs and MEPs at the time.

    The law also included (as I recall now some years later, but may have been a separate bill around the same time) the right to lock people up for possession of articles which may be used in the production of bombs etc....which means anyone with bleach in the house could be locked up.

    With ID cards being promulgated through despite no logical argument for them, the UK is drifting somnambulant into a bureaucratic dictatorship (e.g. ID cards, in the law passed to set up the scheme, no one except a few gov agencies are allowed to even ask to see - if anyone else does, it's punishable in law. Plus, those agencies shouldn't need to see them and/or could already obtain necessary proof of ID using existing mechanisms...if only they applied them well enough).

    Now is definitely a time in the UK to learn how to conduct activities "off grid" as far as possible and to do everything possible to get these awful draconian laws ditched as soon as possible too.

  148. Avoidance of disclosure by Nad+Maximus · · Score: 1

    What if an encryption is used that involves not simply a passphrase, but a segment of original code in order to unlock the data? For example, the 'key' which I remember, in my head, might be '7345632', but that is only a reference used to generate the passphrase by computing the digits of pi and using some number of them starting at digit 7345632 (or some other algorithm). Thus I could use a passphrase generating program of my own design, that I could type in from memory - a python script, for example. That code could generate a passphrase, put it on the clipboard, and I could paste it in to my encryption program blindly.

    Thus all I actually know is the algorithm and the seed I used. What could they compel me to reveal? The algorithm...even the existence of the algorithm? If I simply reveal the seed but not the algorithm, can they compel me to make it work for them?

    The 'encryption keys are the same as keys for locks' comparison is incorrect. If keys for locks were the same, you could take a key and turn a pile of documents into something you could not identify as containing data. A pile of random, innocuous objects, with not even the flavor of original meaning. Any conclusions you could draw from the objects in the pile would be misleading - this bit here might look like a dog, but the original documents had nothing to do with dogs. The pile of objects would be indistinguishable from a pile containing no meaning. Locks and keys do not work that way; locks and keys work like physical objects limited by physical laws - encryption would be MAGICAL if it were to occur in physical reality.

  149. Won't work by Skapare · · Score: 1

    They already made an image copy of the disk. They are working from copies of copies. But maybe what you could do is use a program that uses more than just a key. It also uses specific gestures in how you personally interact with the computer as part of hashing that key into the data table used to actually decrypt.

    --
    now we need to go OSS in diesel cars
  150. Format filesystems with random data... by Skapare · · Score: 1

    ...as a routine matter of course. If everyone does this, then all those unallocated blocks look like maybe they could be hidden data. But since everyone does this (that is, if we start doing this) it can be easily blamed on the residule random data. Need an excuse for even doing random data at all? It was a device test and there's no real reason to spend time to wipe it back to zero afterwards.

    --
    now we need to go OSS in diesel cars
    1. Re:Format filesystems with random data... by Eivind · · Score: 1

      Truecrypt does this; overwrite the entire container with random data before starting to use it I mean. Which means that the free space is *always* random-looking. Sometimes it really IS random, and other times it really is an encrypted filesystem. But there should be no way of telling which of the two are the actual case.

  151. How to deny the key by Skapare · · Score: 1

    The real key *WAS* a big 32768 bit binary string stored in a key file. The key I memorized is just a pass-phrase key used to decrypt the real key. Unfortunately, the big binary key file was ... accidentally deleted and written over by another file. Or maybe the police damaged it or lost it when they were making that first image copy of the hard drive.

    --
    now we need to go OSS in diesel cars
  152. Hmmm, not quite... by tjstork · · Score: 1

    It is the American attitude of how you are all in the "land of freedom, better than all other nations in every way" that makes your massive overreaction to one terrorist attack so ironic. It's like a kid vowing to never go back to school again because a bully once stole his lunch money.

    No, the American response to 9/11 was not avoid school because of one bully, instead , we declared war on virtually every bully on the planet because one punched us in the nose. The schoolyard mentality is exactly why it made sense to so many people to invade iraq even though there was no direct link to 9/11. The idea was that Saddam was a bully, so we chould go and get him too while we were bringing the big old stick to the playground. Had the war in Iraq not turned into an occupation, there is no doubt that Bush would have invaded Iran and then Syria after that.

    --
    This is my sig.
  153. DIsmal, but part of established law by Anonymous Coward · · Score: 0

    I am not familiar with the UK precedent, but this result is a reasonable extension of already established doctrine in the U.S.

    The two are not identical, but similar.

    In the U.S., the privilege against self-incrimination has been narrowly whittled down to cover "testimonial" statements... statements that are akin to testifying in court. The government can't compel those statements, or statements that could be testimonial. But they can do a lot else. This is why taking fingerprints or DNA, or even incriminating letters or bank documents are not covered by the 5th amendment. Those items are not testimony.

    The analogy from an encryption key to physical key should be expected, even if it's not entirely accurate.

  154. What moron modded that insightful? by Anonymous Coward · · Score: 0

    Apart from the issues raised by my sibling posts, it is painfully obvious that parent has never been to Europe, or never studied Europe, and probably never had a single conversation with a European. Well, I am from Europe and let me tell you, the picture parent sketches isn't in any way representative of any of the mindsets of Europeans I know of, as diverse as those are. Bonus points for treating Europe as a single monolithic entity when in fact there are huge divides between for example the islands and the continent, free Europe and not-so-free-as-we'd-really-like Europe (Italy, I'm looking at you), old Europe and new-but-medieval Europe (Poland) and so on. So next time, dear parent, think before you post.

  155. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 0

    As a whole [citizens allowed] the government over-reaction and "think of the children"/"OMG TERRRORISTS ARE GONNA GIT YOU" is a slap in the face of everything this country was built on. I can say I did my part of writing my congress-critters and saying my rights are to important to be trampled on, even going so far as to point out that they are directly violating the oath of office taken by passing some of the laws that have come to be and demanding that they step down. Not that it got me anywhere, but I can say it sit idly by as everything got flushed....

    That aside, the financial meltdown is merely a symptom of deregulation that is starting to affect more than just the United States. I see this "meltdown" as more of a correction of an over-inflated stock market and have been expecting it to happen since the 10,000 mark was broken around 2002/2003.

    My personal feeling on the meltdown is very simple, you made your bed FUCKING SLEEP IN IT. The Government's not coming to bail me out of anything unless they can charge me for it. AIG takes $100K+ trips to islands for "corporate meetings" with this "bailout" money, in my eyes, that means they owe every dime they were given back + 10% interest per day from the time the received it. The US Government however, looks the other way, at least from the last I've heard about it.

  156. Why not write down the key and hide the paper? by Yossarian45793 · · Score: 1

    If they can't compel you to tell where the contraband is, just keep your secret key written on a piece of paper and hide the paper where they can't find it. They can't compel you to tell them where the paper is, and if the key is long enough, you can't be reasonably expected to remember it.

  157. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 0

    Keep in mind that the government has not been the voice of the people and has not been serving said people for many years.

    9 out of 10 people I speak to is opposed to the increased oppression, government power and abuse of human rights.

    My government does not speak for me, and neither do you.

  158. Two is better than one? by Anonymous Coward · · Score: 0

    Why not have an encryption system where you can encrypt with two keys. One will get you back the real data, while the other will give back a fake?

  159. Very valid point... by oneTheory · · Score: 1

    I have some old .zip files that I AES encrypted many years ago and although I thought I made the passphrase something very simple that my monkey brain would remember I dug these files up the other day and could not for the life of me remember the passphrase.

    So I better go back and scrub them from the disk or else I'd be in serious trouble if there is suspicion of any computer crime and my systems are searched. I bet there are many people in this situation and that number will only be going up as these technologies get easier to use and people see the need to protect their electronic records. Should anyone in this situation have to go to jail over a few old encrypted document stores?

  160. US is in the same boat by Anonymous Coward · · Score: 0

    It's a matter of trust in the government, even though this current Labour one is crap, the public doesn't think it's corrupt.

    I don't really get were people in the US are coming from about how screwed we are in the UK, it's not like in the US you can't be falsely imprisoned because of your sacred 'Bill of Rights'.

    It's the same situation in both countries, we both have so many loopholes and anti-: Terrorism, Government, Criminal, ... laws that mean we could be framed and thrown in jail indefinitely.

    Also at least in the UK we can't be tortured, and the CIA has a very large past record of extreme spying on US citizens so we're better off over here.

  161. Fucking samzenpus by Anonymous Coward · · Score: 0

    First Samzenpus posts FUD about the 42 days detention, then when multiple stories are posted to the firehose that contradict the FUD they're rejected. What do we get instead? More anti-UK FUD.

    Samzenpus should get some credibility. He/she/it is getting worse than KDawson.

  162. Re:Takes all of a couple of clicks by Burz · · Score: 1

    The early crypto-nerd set failed in one very important respect:

    They didn't make basic information about public key encryption and signing widely available in an approachable manner. Also, the OS vendors like Apple and MS (and Redhat etc.) didn't represent keys as a unique class of objects, easily recognizable with built-in functions for key management. So the concept and behavior of a "key" remained slippery to people trying out schemes like PGP.

    Probably the easiest way to start using public keys today is SMIME. It's built into most clients (yes, even Outlook Express). You just have to think of the 'certificate' as an ID tag with a key attached.

  163. You're so wrong it's not funny by jeevesbond · · Score: 1

    It's nice having a Bill of Rights, ain't it?

    Laugh at all the British who say such a thing is unnecessary.

    This is the problem with US. Smug people thinking nothing bad could happen to them, because they have 'the best system in the world'. It's truly sad that you're taught that, because it makes you apathetic (until someone tries to critique your system that is).

    Here's news for you chap: we have a Bill of Rights, it was made law a full 100 years before yours was. Your Bill of Rights is based on ours.

    --
    I'm going to transform myself into a mighty hawk. Either that or I'll just go and work at Dixons, haven't decided yet.
    1. Re:You're so wrong it's not funny by ShakaUVM · · Score: 1

      It's actually a more technical point than that.

      Ours is a real Bill of Rights, so to speak, as it is not a law (which can be overturned easily with another law) but a series of constitutional amendments. There's also a fundamental difference in that ours is a set of negative rights for the government instead of enumerating positive rights for the people.

  164. Re:Hide your data (plausible deniability+ physical by DavidTC · · Score: 1

    All that is silly. You don't need to wipe the hard drive, all you have to do is make sure it is unrecoverable from items in the house plus your memory.

    First, build a machine that, on bootup, reads the encrypted header (With the actual key) into memory and then overwrites it on disk. With 0s, so it's obviously invalid. On proper shutdown, it writes it back.

    Then put a screensaver password on the computer. Disable any sort of proper shutdown from that screen.

    Then put a UPS toggle tripwire in places where, if the door is broken down, it turns off the UPS.

    So if you're there and they break down the door, it cuts off without you doing anything, so no tampering with evidence charge. If they don't break down the door, you can quickly press a screensaver hotkey, which is technically illegal but unprovable, and (openly) disable the tripwire, so you can't be charged with tampering with evidence.

    While in theory if they show up and the screensaver is on, they could demand you type in the password, in actuality they will 'intelligent' immediately shut the computer off to make a disk image. (And, of course, you could do exactly what they're trying to avoid you having done, and make a duress password, just in case they aren't 'intelligent'.)

    Then find someone trusted in another country to hold a copy of the encrypted header for you. Tell them to destroy it if you are unreachable or arrested. Tell the police exactly what you did, (To avoid a tampering with evidence charge) they won't have time to stop it...international demands for witnesses and evidence are very convoluted.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  165. Re:Fuck the British equivalent of Homeland securit by againjj · · Score: 1

    Oh, and they talked about how Europe, china (?) and especially japan needed the oil from the middle east region much more than USA but didn't helped to keep it political stable and keep the oil flowing.

    This is the part that amuses me the most. We get most of our oil from Canada, Mexico and Venezuela. Keeping the Middle East stable is less for our benefit and more for the benefit of the countries that you mentioned. Funny how people never that.

    There is a single world market for oil. If the Middle East does not produce oil, then the countries mentioned will buy their oil elsewhere, which makes it harder for us to get our oil, as prices rise. It's like cars on bridges -- I don't use the San Mateo bridge, but rather the the Dumbarton; however, if the San Mateo bridge goes down, there will be a hell of a lot more cars on the Dumbarton, so really, I do benefit from the San Mateo bridge.

  166. hardware token by Anonymous Coward · · Score: 0

    I wonder if it's illegal now to just forget. "I'd love to help you officer, but I guess I just forgot it!"

    In addition to (or as a substitute to) a password, configure things so that you (also) need a hardware token. When you're asked for the password you can give to them, but tell them you've mailed the token to yourself/someone in another country. (Whether you actually mailed it or just hide it under a floorboard is up to you.)

    You better hope your backups are also encrypted in a similar fashion.

  167. Good ruling by Anonymous Coward · · Score: 0

    If search warrants are required to search your house and the cops show up with a search warrant to search your house...and they find a lock box under a loose floor board, doesn't the search warrant entitle them to get the key from you? How is encrypted file(s) any different? In the lock box scenario, you could say 'Sorry, I lost it'. In the encryptions scenario, you could say 'Sorry, I forgot it'....how are the situations different? Do we need to rethink laws concerning the lock box scenario? Laws that are 100s of years old? I think not.

    1. Re:Good ruling by Ihlosi · · Score: 1
      If search warrants are required to search your house and the cops show up with a search warrant to search your house...and they find a lock box under a loose floor board, doesn't the search warrant entitle them to get the key from you?

      No. Just like you don't have to open the door of your house if they show up with a search warrant. If you do that, then only to save you the trouble of replacing the door.

      And with the lock box ... the warrant entitles them to open it. You only need to give up the key if you hope to get the box back in one piece. They'll open it without the key if they have to.

  168. written Constitution is worthless by Anonymous Coward · · Score: 0

    Lucky for us Americans, a subpoena can not force you to testify against yourself. It's a Constitutional right written in black ink and cannot be revoked by any mere subpoena.

    Freedom of assembly and association were rights written right into the USSR's Constitution. Freedom of religion is written into China's.

  169. Re:Fuck the British equivalent of Homeland securit by psychodelicacy · · Score: 1

    I think the thing you have to recognise about religious thought is that time means something different from what it means in the objective historical sense. The Abrahamic faiths are based around a God who is timeless, and a sense of history in which much of what happens is seen as symbolically prefiguring other events. Every historical moment is a living part of the salvation history of that particular religion, and a continuity is assumed between Christians/Jews/Muslims then and Christians/Jews/Muslims now.

    It's like the philosopher's axe: replace the handle, then replace the head, then replace the handle again - is it the same axe? Secular society may be beginning to move away from blaming people for the crimes of their ancestors, although we still have apologies for slavery from people who have never seen a slave in their lives, or apologies for war crimes by people who were barely born when they were carried out. Still, hopefully not too many people would think it sensible to blame the new generation of German people for the Holocaust.

    In the religious hermeneutic, however, people can be cursed through their descendants until the end of time, and if that's the case, why can't the descendants (literal or figurative) of the Crusaders also be a focus of anger for the descendants of their victims? (Note that I am speaking rhetorically here, not expressing my own opinion.) Especially when those descendants appear to have an analogous hatred and desire to eradicate Islam?

    I'm not saying that all religious people think this way, of course, but that religious modes of thought are favourable to a model of history which emphasises symbolic continuity rather than the autonomy of successive generations.

    --
    A closed mouth gathers no foot.
  170. Re:Fuck the British equivalent of Homeland securit by Anonymous Coward · · Score: 0

    massive overreaction to one terrorist attack

    1. That was actually the second time that same building was attacked, by the same people.

    2. You are also forgetting about several embassies of ours they blew up, and a Naval warship (the Cole).

    3. While Iraq was (and is) completely seperate from the terrorism issue, the reason we're there is because daddy Bush go cold feet & didn't finish the job the first time around.

    4. Afghanistan WAS (and is) tied to the terrorists, and were providing them shelter & resources as a way of saying thanks to America for helping them kick the Russians out.

    5. I have never seen a country that claims they are NOT the 'best place' on the planet.

    6. While the money spent on foreign wars certainly didn't help the economy, most of the current problem is the result of a bunch of crooked bankers and Wall Street financiers doing shady deals. Essentially it was a Ponzi scheme, which will always eventually collapse no matter how good your economy is. And this wasn't just the US banks involved, the European bankers were right in the middle of the crooked deals as well, and are also facing big financial problems.

    Please check your history & facts before posting next time.

  171. Both clueless and useless by Anonymous Coward · · Score: 0

    So easily defeated through any plausibly deniable encryption system.

    No need for software install, no need for TrueCryp - just a stock 2.6 kernel.

    Instructios

    - take blank hard disk, put a small os partition (e.g. linux with samba), one large data partition. Shred it fully. Format it (Fat32 because it's so versatile). Copy 20GB of photos, rip some cd (not dvds) you own. Export through samba.

    - Have usb stick with a kernel with a rmdisk. The ramdisk uses dm-crypt somewhere past the first 20GB. Have a full system there, chroot to it. Pu whatever you please there.

    Now unless the usb key is found you just have a normal PC. No encryption software is even installed. You don't even know what aes means. You don't know how to compile a module or create a ramdisk. And just use your phone/camera to boot on instead of a usb stick, for good measure.

    This is plausible deniability.

    - Additional level assuming your usb stick is caught: upon booting dm-crypt uses a random password. Only as a "debugging" feature, if you rush to type something on the keyboard within say 15 secs. it uses that as a "seed". Add some UPS so that risking losing your ripped DVD is credible because it's supposed not to happen more often than the hard disk/psu/fan fails anyway.

    This is tying your hands: It's not that you don't remember the password. You just never knew it.

    In brief it is nowaday extremely simple using standad software to configure your PC such that even if forensics know bit-for-bit the file they want to prove exists on your PC - they just can't.

    Policy makers are shockingly clueless.

    Now if the NSA wants your data, that's a different story, consider they have it already anyway.

  172. What we need by Anonymous Coward · · Score: 0

    Is an encryption system that with one passphrase gives the real data, and with another gives something else, completely innocent.

  173. Re:Fuck the British equivalent of Homeland securit by ghostunit · · Score: 1

    I think the French "inferiority/superiority complex" has deep historical roots. Now, I know little about France and history, but there was a time when French was the defacto language for diplomacy and trade, just like English is today. That's where the term "lingua franca" comes from.

    Likewise, until the defeat of Napoleon, they used to be a major military power that not only maintained a vast overseas empire, but also managed to subdue almost all of the other European nations. Come to think of it, maybe they were sorta like the "Americans" of their time (though of course I don't think they ever matched the clout of the British Empire).

    Now that they are far less relevant in the world stage, their "has been" status conflicts harshly with their prideful history hence, I think, their "inferiority/superiority complex".

  174. Tipping Point by bill_mcgonigle · · Score: 1

    Exactly when did they start to go insane?

    Maintaining this dalliance with a divine monarch and no constitution was bound to bite them in the ass sooner or later. Later has arrived. Sorry chaps.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  175. Re:Fuck the British equivalent of Homeland securit by Hognoxious · · Score: 1

    You have some interesting points, and put them eloquently.

    However I think I can beat you when it comes to being concise: they're a bunch of nutters.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  176. Mod parent -1 9/11 conspiracy theorist by INowRegretThesePosts · · Score: 1

    It's hard to believe that could happen in a developed democratic country. This is almost as unlikely as the "HIV does not cause AIDS" theory.
    You would need some very strong sources to convince me of that.
    Specifically,

    It's well known that the authorities in Spain keep tabs on most of the organisation and could probably round up most of them overnight if they really wanted.

    I really doubt the Spanish population would allow the government to behave like this.
    Get real.

    1. Re:Mod parent -1 9/11 conspiracy theorist by HungryHobo · · Score: 1

      pretty much all the 9/11 stuff is crap, I'm not saying that governments are keen to cause terrorist attacks, just that more political power can be gained from an ineffective but public fight than an effective quick removal of such groups since they pose such a small real threat.

    2. Re:Mod parent -1 9/11 conspiracy theorist by INowRegretThesePosts · · Score: 1

      just that more political power can be gained from an ineffective but public fight than an effective quick removal of such groups since they pose such a small real threat.

      In a totalitarian regime, maybe. In a multi-party (BTW, the current prime-minister assumed in April 2004, and was from the opposition) developed democratic nation with an HDI of 0.949, I doubt. The party that jailed the terrorists would be remembered for that, for a long time.
      And what specifically has led you to believe that the government has the capacity to jail ETA overnight? What are your sources? They need to be extraordinarily strong, to back up such an extraordinarily unlikely claim. Fighting crime is hard, and jailing all the (say) drug dealers overnight would be an herculean feat. I know of no country with such an ability. I have no reason to believe that jailing all (or a large part of) the ETA terrorists overnight would be easy.

      Note: this is not to endorse Zapatero's government in any way. And I am Brazilian, not a Spanish citizen feeling insulted. In fact, I have a bad view of Spain, for badly mistreating Brazilian travelers, including people who just happened to land in that fucktard country to catch a subsequent flight to somewhere else in Europe, and were detained in the airport for days, without bed, showers, phone or anything, given no explanation or possibility of recourse. This included students, university professors going to congresses, and a priest dressed with his stole, who was mocked and asked if that was a carnival costume. It is just that I don't like lies being spread, such as "HIV does not cause AIDS" (and seropositive people getting treated with herbs or other snake oil), or "the US tried to invade Vietnam, and gladly lost" (when the US was helping the democratic South Vietnam from an invasion from the totalitarian North Vietnam).

  177. Re:Takes all of a couple of clicks by Lord+Bitman · · Score: 1

    And what if I want to transfer the same encrypted / signed message via sneakernet to someone across the hall? I find that most "all inclusive solutions" have the attitude of "this solution is all-inclusive, so of course you wouldn't ever want to do anything involving anything other than what this covers."

    Sometimes you just want to hand a courier* a thumbdrive with a file on it without worrying about where he might leave it while he's on lunch

    *courier, kur--r (noun): some guy who will pass by steve on his way to a meeting later today

    --
    -- 'The' Lord and Master Bitman On High, Master Of All