A couple of questions
Donald Ramsbottom
donald at ramsbottom.co.uk
Mon, 26 Jun 2000 11:48:55 +0100
At 10:11 26/06/00 +0100, you wrote:
>>Could any passing lawyer please provide an example of a case where
>>drug dealers, paedophiles or pornographers were able to avoid a
>>guilty verdict because the prosecution could not decrypt files on
> >the accused's hard drive.
>Well, no, by definition. The correct term for someone who wasn't convicted
>is "proved innocent" :+)
>
>
There are no such acquittals that I know of. If there were I feel sure the
HO would have trumpeted them from the roof tops to back up their case. They
have not. They have not provided a single piece of hard evidence that the
part 111 requirements are necessary. They have been asked on enumerable
occassions. They have produced a great number of unsubstantiated platitudes,
and continue to do so.
The only "evidence" that I have come accross is in the FBI report of a
couple of years back, when they said they had been "hindered" by encryption,
but crucially it had not stopped a single prosecutuion or conviction (which
they were willing to admit to in that document).
There are no independant academic or other reports to back up what the HO
say is required, other than "project trawler" which was compiled by those
requesting the measures in the first place and may be said to be partial.
There is simply no case on the "evidence" for part 111, or those intrusive
parts of 1 & 11.
So far as the HR aspects are concerned, they have the only "legal opinion"
in the Cosmos which allegedly backs up their stance, they have not released
it as they say it is "privileged", though quite why they do not want to
release it (in toto), is a mystery, law reports and legal opinion can hardly
be classified as state secrets! So we must draw adverse inference from their
silence on the matter.
Donald Ramsbottom LL.B, BA (Hons).
RAMSBOTTOM & Co. Solicitors
Internet Law & Global Cryptology Law Specialists
5 Seagrove Avenue, Hayling Island, Hants, PO11 9EU, England.
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