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British Hacker Love Wins Court Battle Over Encryption Keys (theintercept.com)

Posted by msmash on from the victory-for-encryption-aficionados dept.

An anonymous reader writes: A judge in Westminster has ruled that alleged hacktivist Lauri Love cannot be forced to provide encryption keys to the National Crime Authority. This move has been called a "victory for all who use encryption in the UK" and a "great decision for privacy and personal freedom." The NCA's request was widely regarded as an attempt to circumvent the Regulatory of Investigative Powers Act of 2000, which specifically legislates police power to compel subjects to hand over encryption keys. The NCA originally tried to force Love to turn over encryption keys under RIPA in 2014 but were unsuccessful. So Love, whose property was seized two years ago, made an application to have it returned under the 1897 Police Property Act. In response, the NCA attempted to legally force decryption under the same act. The NCA argued, in the ruling documents, that they could only ascertain the contents of the devices if Love was forced to provide the encryption key. The district judge was not persuaded by this argument, saying, "The case management powers of the court are not to be used to circumvent specific legislation that has been passed in order to deal with the disclosure sought." Legal experts have noted that this case represents a civil action being put forth in a magistrate's court, which normally only deals with criminal issues.

42 comments

  1. Why not turn over the keys? by Anonymous Coward · · Score: -1, Troll

    Unless you're hiding criminal activity, why would you be bothered by letting law enforcement have a look?

    1. Re: Why not turn over the keys? by Anonymous Coward · · Score: 2, Informative

      We are all criminals in someone's eyes.

    2. Re:Why not turn over the keys? by mark-t · · Score: 5, Insightful

      Because, perhaps, whatever one might be hiding is simply private?

      --
      File under 'M' for 'Manic ranting'
    3. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0, Informative

      Because they're nothing but a bunch of leering perverts, that's why! Let's let them smell her panties too, while we're at it, maybe even put them on and take pictures. Silly bitch should know they're only having a bit of fun.

    4. Re:Why not turn over the keys? by Anonymous Coward · · Score: 2

      Because some law enforcement officers aren't above causing trouble if they don't like you or even if they see something in your house or on your computer that's perfectly legal but is out of the ordinary in their eyes. Because the right question to ask when privacy is concerned is not what you have to hide but why others are entitled to know about it. Simple example: most people close the door when they go to the toilet. It's perfectly legal, everyone does it, but still most people aren't comfortable when others watch them wipe their arse. Privacy isn't just about hiding criminal activities, it's about hiding perfectly innocent things too.

    5. Re:Why not turn over the keys? by Sparowl · · Score: 2
      Your statement becomes ironic the moment you post as AC.

      After all, if you have nothing to hide, why not post under your own name...

    6. Re:Why not turn over the keys? by UnknownSoldier · · Score: 1

      /cheeky Well, they are called Arrogant Cunts, er, Anonymous Cowards for a reason ... ;-)

    7. Re:Why not turn over the keys? by delt0r · · Score: 4, Insightful

      Government first. They hide behind national security. They claim we have no business knowing their back door business deals. Well whats good for the goose and all that. They open their private lives and more importantly their government office lives they hide i may take such a claim seriously. But they don't. And the police are the worst offenders of this.

      --
      If information wants to be free, why does my internet connection cost so much?
    8. Re:Why not turn over the keys? by sconeu · · Score: 1

      Uh... Lauri Love is a guy.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    9. Re:Why not turn over the keys? by Anonymous Coward · · Score: -1

      Is that how she identifies or just what is on her birth certificate?

    10. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0

      Oh jeeze! Another *boy named Sue*... Fine, replace panties with tightie whities... Damn cops are probably queer too.

    11. Re:Why not turn over the keys? by Anonymous Coward · · Score: -1

      Reality Check: There ARE serious threats to national security. This same principle can be applied to every country on the planet. You can stick your head in the sand but we live in a unstable world constantly on the brink of killing people wholesale to address the threats (real and perceived). I am not paranoid because frankly none of this means shit to me. WW3 could start tomorrow and the only thing I would be worried about is whether I can watch the war on live TV. All the criticisms of the US intelligence services are 100% bullshit unless their actions are put in the proper context. If people expect any changes in the US intelligence services they will be wasting their breath unless all of the foreign intelligence services around the world adopt the same changes. The US is under constant attack every single day. These attacks happen in the cyber world and using good ole fashion HUMINT. Every counter intelligence agency in the world, friend or foe, targets the commercial, military, government, and even private US citizens. The government probably does use national security excuse too often but they will err on the side of caution. The government is overly cautious because the same people complaining about the government counter intelligence actions today will be the first ones castigating the government for not preventing any loss of lives in future attacks. On the domestic end of things every single person from peasant to King are vulnerable to cyber attacks. The head of the NSA even got hacked. If you believe the government is spying on you go ahead and spy on them right back.

    12. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0

      Why not set a legal precedent so that the next time David Cameron fucks a pig he can get you locked up for talking about it?

    13. Re:Why not turn over the keys? by PatientZero · · Score: 1

      What? A guy can't enjoy the feel of satin panties?

      --
      Freedom to fear. Freedom from thought. Freedom to kill.
      I guess the War on Terror really is about freedom!
    14. Re:Why not turn over the keys? by PatientZero · · Score: 1

      back door business deals

      Are those Greek government deals? ;) There's a definite trend developing in this thread.

      The phrase I think you're looking for is "back room".

      --
      Freedom to fear. Freedom from thought. Freedom to kill.
      I guess the War on Terror really is about freedom!
    15. Re:Why not turn over the keys? by JustAnotherOldGuy · · Score: 1

      What? A guy can't enjoy the feel of satin panties?

      They're actually really nice to wear. I mean, that's what I hear.

      --
      Just cruising through this digital world at 33 1/3 rpm...
    16. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0

      Hooray we have a government mouthpiece.... turn on the fire-hose!

    17. Re: Why not turn over the keys? by Applehu+Akbar · · Score: 1

      We are all criminals in someone's eyes.

      More specifically, we can all be made to look like criminals in the eyes of a sufficiently overzealous prosecutor.

    18. Re: Why not turn over the keys? by Anonymous Coward · · Score: 0

      Next thing you'll know, they'll be drinkin at the same fountain as colored people and listen to rock and roll.

    19. Re: Why not turn over the keys? by Anonymous Coward · · Score: 0

      I'm insulted. How dare you.

    20. Re:Why not turn over the keys? by delt0r · · Score: 1

      Indeed.

      --
      If information wants to be free, why does my internet connection cost so much?
    21. Re:Why not turn over the keys? by delt0r · · Score: 1

      Well there is a sucker born every minute. Guess it was your lucky minute at the moment of your birth.

      --
      If information wants to be free, why does my internet connection cost so much?
    22. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0

      Spotted the spineless toad.

    23. Re:Why not turn over the keys? by Mats+Svensson · · Score: 1

      Do you have curtains or blinds on your windows? What do you have to hide? Do you put on clothes, even if the weather is warm? What do you have to hide? Do you have a lock on your door? What do you have to hide? What is that, a neckbeard? What do you have to hide? What do you have to hide? What do you have to hide? What do you have to hide? What do you have to hide? What do you have to hide?

    24. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0

      The government has its reasons for keeping secrets, and I have mine.

    25. Re:Why not turn over the keys? by Anonymous Coward · · Score: 0

      Lauri is a Finnish boy's name. (The female counterpart is Laura.)

      Guess where he's from.

    26. Re:Why not turn over the keys? by AmiMoJo · · Score: 2

      I'd love to know why the CPS dropped their efforts to use RIPA to get the keys. I doubt they will ever tell us... Perhaps an FOI might work, but since it relates to an individual's potential prosecution it would probably fall under Data Protection rules.

      Thing is, I can only think of three possible reasons, and two of them are quite worrying.

      1) The CPS didn't want the bad publicity of sending someone with health issues to prison for two years for refusing to give up their privacy.

      2) The CPS was hoping to subvert the law by holding his stuff and then pushing for a civil court order to disclose the keys.

      3) The CPS felt that the prosecution was unlikely to succeed or that it wasn't in the public interest.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    27. Re:Why not turn over the keys? by Anubis+IV · · Score: 1

      Maybe he has a contract with a client who intends to sue the police and he's contractually obligated to not reveal that information to them?

      Maybe he's doing some consulting for a medical practitioner and has encrypted his drives because there are medical files on them that the police aren't authorized to see?

      Maybe he was romantically involved with a celebrity, they created sex tapes together, and they're concerned that a corrupt officer may leak the tapes to the public in order to pocket some extra cash?

      Maybe his computer plays N.W.A.'s "Fuck tha Police" at login as a protest for police brutality he had heard about in that area, and now that he's in their custody he's fearful he'll be mistreated by them if they hear it?

      Maybe he just wants his privacy, believes that their request is unjust, and wants to assert what he believes to be his right as a human, regardless of what the overly-broad, far-reaching, draconian, reactive laws on the books happens to say right now?

      Point is, there are plenty of perfectly valid reasons why someone may not want to reveal information, including to the police. The reasons may not stand up in court, since court is (usually) decided based on what the laws are, but the laws are there to serve a purpose, not to exist as an end unto themselves. If they're not serving their purpose, then standing up to them is a perfectly valid justification, even if it's not a legal one.

    28. Re:Why not turn over the keys? by sjames · · Score: 1

      Considering how soon after the street cams were installed, cops got caught using them to upskirt teen girls, you're probably on to something.

    29. Re:Why not turn over the keys? by Coren22 · · Score: 1

      So he's the Finn?

      http://williamgibson.wikia.com...

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    30. Re:Why not turn over the keys? by Coren22 · · Score: 1

      Those cameras are like 8 feet in the air, how does that even work? Were the girls flying?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    31. Re:Why not turn over the keys? by sjames · · Score: 1

      They were making out according to reports.

  2. Regulation, not regulatory by wonkey_monkey · · Score: 1

    Regulatory of Investigative Powers Act of 2000

    Regulation. What you wrote isn't even cromulent English.

    --
    systemd is Roko's Basilisk.
    1. Re: Regulation, not regulatory by Anonymous Coward · · Score: -1

      Eat a dick, you motherfucker.

    2. Re: Regulation, not regulatory by Anonymous Coward · · Score: 0

      Cromulent, son. Did you not read?

    3. Re: Regulation, not regulatory by WallyL · · Score: 1

      Sheesh, he wouldn't know majesty if she bit him in the face!

  3. Get property back? by Anonymous Coward · · Score: 0

    So did they get the property back?

    1. Re:Get property back? by Shimbo · · Score: 1

      So did they get the property back?

      The hearing is scheduled for the 28th July. This was a pre-trial ruling.

  4. Spyware by manu0601 · · Score: 2

    Will he get his machines back, loaded with police spyware. We know they can even stick that in hard disk's firmware.

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

      Yep. Sell it and buy a new one.

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

      3 step program to deal with this:

      1. Copy off the encrypted data

      2. Decrypt on a clean machine.

      3. Get your door kicked in by the heavily armed police who were sitting outside waiting for you to complete step 2. Attempt to enjoy the ensuing beating.

  5. Hacker love? by Anonymous Coward · · Score: 0

    I came here expecting some Hollywood's style melodrama of personal perseverance by a nerdy type, who wins eternal love against all odds in a corrupted legal system, and all I got is a boring legal YRO sentence.