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UK Law Enforcement Is Against "3-Strikes"
Now that the UK is discussing plans for some form of 3-strikes regime to discourage file-sharing, TechDirt reports that the fans of due process have picked up unlikely allies: the law enforcement and spying establishments fear that a 3-strikes policy would result in far more encryption on the Net, greatly complicating their jobs. "Of course, they're not as concerned about due process and civil rights, as they are about making it more difficult to track down criminals online: 'Law enforcement groups, which include the Serious and Organized Crime Agency and the Metropolitan Police's e-crime unit, believe that more encryption will increase the costs and workload for those attempting to monitor internet traffic. ... A source involved in drafting the Bill said that the intelligence agencies, MI5 and MI6, had also voiced concerns about disconnection. "The spooks hate it," the source said.'" The Times (UK) Online has more details.
Never really understood this "3 strikes and you're out" theory. Law enforcement is too complex to be modelled after the rules of a US sports game. Can somebody explain how this idiotic idea came about, the thinking behind it?
What next? You don't go to jail if you say "Simon says" before committing an offence? Police can't arrest you if you're not touching the ground when they catch up with you?
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They are not concerned for what is good for the people. They don't want the law solely because they are afraid that it will lead to citizens making use of encryption that makes it harder for them to snoop. Pure selfish interest.
Sigs are too short to say anything truly profound so read the above post instead.
IIRC, you are required to turn over keys if asked by the government in the UK, jail time if you don't.
If they're currently trying to figure out who to ask keys from, if everyone does it, workload on figuring out what is malicious and requires them to ask everyone or figure out some way to narrow it down.
I'd hazard a guess that the real issue these agencies have is about increased use of anonymous communication networks such as Tor rather than just "encryption" of the content. It's almost a given that widespread adoption of Tor will have two important effects: (1) there will be larger numbers of relay or exit nodes in the network - at present it is suspected that intelligence agencies control a large number of the exit nodes (and possibly relay nodes too) in the network; and (2) greater traffic through the network will make it significantly harder to perform timing attacks on entry and exit from the mix network to correlate traffic and thus break its anonymity.
If commerical encryption were truly unbreakable by these groups, then I'd assume that they would have outlawed their use by now.
They pretty much have. In the UK you are legally obligated to give up your keys if required.
Of course, then comes the question of how they're going to determine if the keys were the real keys... or just to the first layer... or just to the first and second layer... or...
The intelligence agencies would do well to object quite a lot; we still haven't the final mass migration to rubber hose protected encryption and f2f darknets, but it's well on the way. If three-strikes regulation becomes popular, then most of the internet will become pretty opaque to any form of snooping, and any real threats will happily tag along on the mass of ordinary citizens just out to protect their privacy from whatever lobbyist it tugging at the puppet strings of the politicians for the moment.
This simplistic and damaging law-making gets traction because of the people who are overly punitive.
That trait of excessive eagerness to punish is often coupled with these other traits:
Authoritarian Personality WP article
"The Authoritarians" paper