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

Sylvester, Anthony B. asylvest at Sidley.com
Thu, 5 Aug 1999 12:00:56 -0500


	Donald Ramsbottom wrote:
	[snip]
> 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.
> 
	It is not clear whether in the general case any guidelines would
require the key to be identified or not.  But have a closer look at section
10. It also covers situations where protected information 'is likely to come
into the possession....'
	This would mean that in addition to the scenario you have identified
that some far more wide-ranging trawling could be done.