burden of proof / keys or plaintext (Re: US Plans for

[Donald Ramsbottom]

SNIP
>> He would not need ever to see the message either. He can just be told
>> 'gimme the key'
>
>No, the warrant holder has to identify the key which is being asked for.
>He might do it by providing some known public key, and asking for the
>matching private one, or else he might do it by providing some message
>(or the header of some message) and asking for the key required to
>decrypt it (or one of the possibly several keys that might decrypt it).
>

The warrant holder does not have to identify the key he is after. All the
LEA need know is that there is "protected information" (PI)(S:19) and that
has come into the person with the "Appropriate permissions" (PWTAP)
possession (whether by statuttory or "other lawful means (Police Act,
statutes relating to Intelligence services PACE etc.). Then if it
**appears** to the PWTAP that you are in possession of a key (any) (S:19),
Then you have to give up the key to the
PI, which is all PI, which then can be sifted by the PWTAP at leisure.



Donald Ramsbottom LL.B, BA (Hons).

RAMSBOTTOM & Co. Solicitors

Internet Law & Global Cryptology Law Specialists