Home Office response on Burden of Proof

[Donald Ramsbottom]

SNIP
>But that would be an erroneous assumption. When I send encrypted mail I
>am _not_ in possession of the decryption key. But it is sitting on my
>disk in my "sent" folder.

But the whole point is that  the notice does not just apply to an email but
ALL "protected information" as defined by S:19. So it applies to an
encrypted HDD(s) as well as any other storage media. One of the really big
problems with the notices etc, is the fact that subject to some as yet
unspecified guidelines which may or may not be followed depending on the LEA
concerned and the sort of information being sought (eg whether or not it is
a criminal or "National interest" agency), the notice does not have to
specify what it is that has to be decrypted, thus all information which is
"protected" is the subject matter of the notice regardless (at leasr
initially) of releveance.
>
>Also, there's a public key floating around that has my name on it that
>is not mine. If someone sent me an email using that key I would be
>unable to decrypt it.

But presumably it would be possible to prove it was a forgery?


Donald Ramsbottom LL.B, BA (Hons).

RAMSBOTTOM & Co. Solicitors

Internet Law & Global Cryptology Law Specialists