An Interesting RIP Report Stage Amendment

[Nicholas Bohm]

At 12:02 AM 7/7/2000 +0100, Caspar Bowden wrote:
>> "The matters to be taken into account in considering whether
>> the requirement of subsection (2)(b) is satisfied in the case of
>> any direction shall include the extent and nature of any protected
>> information, in addition to the protected information in respect of
>> which the disclosure requirement is imposed, to which the key
>> is also a key."
>
>This IS an extraordinary government amendment - it appears to be a belated
>attempt to ameliorate one of the foundational blind-spots of the bill,
>namely the compromise of collateral information which is protected by the
>same key. But, as Brian points out, the "nature of" (and extent of) "other"
>protected information is by definition unknown. The government has just
>tabled (itself) the self-destruct clause of RIP Pt.III. Weirder and
>weirder....

In order to require something to be taken into account, you would have to
tell the key seizers about it (though would not necessarily have to
disclose it or prove the contents).  (I know trhis isn't what it says:
it's what I say the courts would make it mean in order to avoid meltdown.)

But if you say "This key protects information about the identities of
Amnesty's numerous human rights informants in Iraq, and their lives would
be at risk from leakage, so I demand that it be treated as TOP SECRET",
then your claim, if reasonably plausible in the circumstances, would have
to be taken into account.

Regards,

Nicholas 

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