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Murder Suspect Jailed Over Refusing To Reveal Password In the UK (bbc.co.uk)
A man suspected of murdering a teenager in England has been arrested for failing to hand over his Facebook password to authorities. The BBC reports: Lucy McHugh, 13, was found stabbed to death in woodland last month, a day after she disappeared. Stephen-Alan Nicholson, 24, pleaded guilty to failing to comply with an order under the Regulation of Investigatory Powers Act, requiring him to disclose the Facebook password. He was sentenced to 14 months in jail.
He was first arrested on July 27 on suspicion of murder and sexual activity with a child and subsequently bailed. But he was also charged under the Regulation of Investigatory Powers Act. The court heard the charge related to a court order that Nicholson disclose his Facebook password protecting any private communications with Lucy McHugh. Passing sentence, Judge Christopher Parker did not accept Nicholson's "wholly inadequate" excuse that providing his password would expose information relating to cannabis.
He was first arrested on July 27 on suspicion of murder and sexual activity with a child and subsequently bailed. But he was also charged under the Regulation of Investigatory Powers Act. The court heard the charge related to a court order that Nicholson disclose his Facebook password protecting any private communications with Lucy McHugh. Passing sentence, Judge Christopher Parker did not accept Nicholson's "wholly inadequate" excuse that providing his password would expose information relating to cannabis.
Why can't the authorities just ask Facebook for all private communications as part of the investigation? I'm sure Facebook works with authorities on other things. Maybe because the victim was a minor there is some special detail to this case?
To me it makes sense from his part if he did kill her, to take 14 months over however long he might get for murder.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Possession of cannabis is punishable by up to 5 years in the UK.
Instead this kid, guilty of murder or not, only gets 14 months. He's doing the very thing the laws say is smartest to do, and because of it it's possible a murderer may get away with their crime.
Regulation of Investigatory Powers Act https://en.wikipedia.org/wiki/...
Domestic spying is now "Benign Information Gathering"
At the same time, why do the authorities think on a computer should give them special access. If I write a diary entirely in a cipher of my own devising, I am under no obligation to teach it to them.
Firstly of course the poster above mentioned written ciphers. Second and even more important, you do realize people forget passwords right? Fortunately in the UK it appears if you don't remember the password to every encrypted item or account the police want you only get 14 months, in the US you can effectively get life (they hold you on contempt of court until you enter it, one man is approaching 3 years in for this).
Plus here in the US we're supposed to (and some other courts have recognized) have the 5th Amendment, which prevents you from using the contents of your mind to assist in your own prosecution. In the most well known precedent, the court explained that while you were obligated to turn over a key to a safe, you could not be made to disclose the combination to one. They're trying to argue a password is more like a key than a combination, which is absurd. If it's something you can forget, it's the contents of your mind, and should be off limits. Computers don't become some magic space exempt from that just because police don't have any other way to get the information.
They don't need the password. They can just subpoena the evidence directly from Facebook.
I recall a story that likely has a grain of truth to it. It goes something like this...
Benjamin Franklin was seen leaving the chambers on where they were debating the creation of a new United States government. A lady on the street asked, "What have you given us, Dr. Franklin?" His reply, "A republic, madam, if you can keep it."
He should be allowed to keep his privacy. His loss of privacy due to the government prying into it is the loss of a republic.
I know this is a story from the UK but the rules on keeping a republic is universal. Requiring the revelation of a pass code upon demands of the government violate many basic rights needed to maintain a republic.
The guy is being punished for inconveniencing the government. Well, sometimes law enforcement is inconvenient. They know they can get what they seek from FaceBook, as does the suspect. The suspect also knows he's likely to get a very long sentence if he's caught. So, it's only in his best interest to keep his mouth shut. This kind of punishment serves no purpose but to erode people's rights to be free from government coercion.
People can keep their privacy only if they defend it. By defending privacy against the government they are defending the concept of a republic. It's disconcerting to think that this kind of law exists in what is considered a free nation. Just by asking for the pass code they are violating the suspect's rights.
I am armed because I am free. I am free because I am armed.
so they could waterboard the corpse until it coughs up the password
Look, it is a password, used to get past Facebook's login page. It is not an encryption key.
The girl's family can email a photo of the death certificate to Facebook, along with proof that they are the next-of-kin, and Facebook will give them access to the account. No waterboarding is necessary. Alternatively, the police can get a warrant or subpoena.
Why go to the effort of doing their damn jobs, when they can string up suspects for not cooperating, instead? That'll learn em.
Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
Why can't they just look at Facebook for the girl? Messaging is similar to email, the posts are on both sides - unless she took effort to delete them.
They can't ask her for her password, but they could certainly exercise power of attorney to get access.
I refuse to sign
I have no idea what my facebook password is. i have to change it everytime chrome forgets it.
Many elements of US law are drawn from where our nation originated (as colonies of England) - yes - but we also have a lot of legal protections which are not provided to citizens of other countries by their laws. The extent of our free speech rights, for example, or the right to keep and bear arms. I wasn't sure off the top of my head if presumption of innocence might have been another element that was added on top of or increased from what was brought over from England.
Moreover, I would point out that it isn't like the English came up with all of those legal concepts completely on their own. Almost all legal systems inherit aspects of the societies that came before them, all the way back to the Code of Hammurabi (and possibly before, since that may have drawn on other oral traditional). So should I start in on a tirade about how English laws developed as a merging of Anglo-Saxon and Norman tradition, along with some influence from the Catholic Church and Roman history? I think I'll pass on that, and certainly on the use of unnecessary colorful metaphors :)
William George