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echo: barktopus
to: All
from: George Sherwood
date: 2006-08-20 21:57:52
subject: Encryption Key or Jail Time

From: "George Sherwood" 

Interesting that they are asking to activate this portion of RIPA now. They
must be thinking that after disrupting the latest terrorist plans, the
public won't put up much of a fight.  I think if people look into the
powers of some of the European countries, it makes the the NSA intercepts
program look very tame.  Something akin to the FISA court doesn't exist.

George

http://insight.zdnet.co.uk/business/0,39020481,39280970,00.htm

"What's new is that the Government is now proposing to activate Part
III of RIPA, which has been gathering dust on the statute book for the last
six years. Part III gives police the right, in some circumstances, to force
a suspect to decrypt their data or hand over an encryption key."

http://www.opsi.gov.uk/Acts/acts2000/00023--e.htm

53. - (1) A person to whom a section 49 notice has been given is guilty of
an offence if he knowingly fails, in accordance with the notice, to make
the disclosure required by virtue of the giving of the notice.

            (2) In proceedings against any person for an offence under this
            section, if it is shown that that person was in possession of a key
            to any protected information at any time before the time of the
            giving of the section 49 notice, that person shall be taken for the
            purposes of those proceedings to have continued to be in possession
            of that key at all subsequent times, unless it is shown that the
            key was not in his possession after the giving of the notice and
            before the time by which he was required to disclose it.(3) For the
            purposes of this section a person shall be taken to have shown that
            he was not in possession of a key to protected information at a
            particular time if-

      (a) sufficient evidence of that fact is adduced to raise an issue
      with respect to it; and

      (b) the contrary is not proved beyond a reasonable doubt.

            (4) In proceedings against any person for an offence under this
            section it shall be a defence for that person to show-

      (a) that it was not reasonably practicable for him to make the
      disclosure required by virtue of the giving of the section 49 notice
      before the time by which he was required, in accordance with that
      notice, to make it; but

      (b) that he did make that disclosure as soon after that time as it
      was reasonably practicable for him to do so.

            (5) A person guilty of an offence under this section shall be
            liable-

      (a) on conviction on indictment, to imprisonment for a term not
      exceeding two years or to a fine, or to both;

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