'Person' as in Section 13

[David Swarbrick]

In message <3.0.5.32.19990807123002.009ad480@mail.netkonect.co.uk>,
Nicholas Bohm <nbohm@ernest.net> writes

>
>There have certainly been cases where the prosecution could prove no more
>than that one out of two defendants committed the offence, without being
>able to prove which, and without being able to prove any conspiracy.  The
>result is that both are acquitted.  The same certainly seems to apply in
>your example.
>
>A combination of key splitting, steganography and communications using
>transient keys will clearly defeat this proposed legislation.  If
>deployment of those techniques is in fact good for security generally, and
>will be promoted by the threat of the legislation, perhaps we should
>welcome it after all.

Surely not? The notice does not need to suggest that the person served
need be able to provide all the answer. The definition of key includes
'any part of a key'  If you retain any part of what may be required to
decrypt the text, it must be surrendered.

The legislation will be 'defeated,' if passed, only by the avoidance of
use of cryptography. It will always now be possible to communicate
securely, but any users of such security must know that, as against
their government, and irrespective of their propriety, they will have
privacy only at the cost of risking becoming criminals.

-- 
David Swarbrick, Solicitor, West Yorkshire
Web: http://www.swarb.co.uk/  david@swarb.freeuk.com Tel: +44(0)1484 722531
Home of the law-index (9800+ case digests).  IT and IP Law and contracts.
The Law Society regulates us in the conduct of investment business