BBC Online 7/3/00: "Computer crime plans attacked"
Caspar Bowden
cb at fipr.org
Tue, 7 Mar 2000 19:07:20 -0000
http://news.bbc.co.uk/hi/english/sci/tech/newsid_669000/669381.stm
Computer crime plans attacked
The Bill will help fight crime say the government
Laws proposed by the UK Government to enable the interception of electronic
communications in the battle against organised crime have been criticised as
appalling and objectionable.
The Regulation of Investigatory Powers Bill debate was opened by the Home
Secretary Jack Straw who said law enforcement agencies worldwide were
worried about the criminal use of encryption to send coded electronic
messages.
["It is the most appalling legislation that I have ever seen"
Ian Bruce MP ]
He said UK and the US was putting in place a package of measures to tackle
the problem.
"In European terms, we are ahead of the game. Our goal is to make the UK the
best and safest place in the world to do e-commerce.
"The gloomy prognosis though is that whatever is done, law enforcement will
take a hit over encryption."
"Presumed guilty"
However, opposition politicians expressed concern over the proposed
data-gathering powers and a part of the bill which requires people in
possession of encrypted data to provide the encryption key or face
prosecution.
The Shadow Home Secretary Anne Widdecombe said: "The crucial point is that
people will be presumed guilty until they can prove themselves innocent.
That is questionable justice."
Liberal democrat Simon Hughes added that the bill "offers a relatively light
penalty for people who intentionally claim that they cannot find their
method of decryption. Clearly, major criminals would rather accept a
six-month punishment than a much more severe penalty."
And Conservative MP Ian Bruce said: "It is the most appalling legislation
that I have ever seen. It needs an enormous amount of amendment."
'Straw must think again'
Caspar Bowden, director of the Foundation for Information Policy Research
and cited as an authority during the debate said: "On the crucial issue of
the burden-of-proof, Jack Straw blew it. The issue was only clarified at the
end of the debate after repeated challenges and evasions and FIPR's analysis
was entirely confirmed."
British newspapers also reacted angrily. A leader article in the Financial
Times said: "As now drafted the legislation would enable the authorities to
collect huge amounts of data on ordinary citizens.
"Among the most objectionable parts of this bill are those which require
internet service providers to become party to secret surveillance of their
customers.
"Internet commerce will only flourish if all parties are confident of
security. The idea that internet providers should fill police computers with
credit card details, bank statements and commercial contracts may be far
from Mr Straw's intention. But this bill makes it possible. He must think
again."