Regina v Loveridge/FBI Hack

[Donald ramsbottom]

SNIP
>> 
>Consider the recent actions of the FBI in regard to accessing (dubiously)
>data held on computers in foreign jurisdictions - "RE: [ISN] FBI "hack"
>raises global security concerns".  The situation in America is not as clear
>cut as admissible/not admissible.
>
>External influences do impart a considerable pressure upon the legal process
>- the war against drugs, the war against hackers.  Quasi-omnipotent judges,
>especially in the American politically-driven appointment system, quite
>happily make up the law as they go along when not tightly bound by statute.
>Even then, that doesn't always stop them.  Not to malign Lord Denning, but
>he wasn't above doing just that - why let the law get in the way of a good
>idea?  For every judge who does that with the rights of the individual in
>mind, there are others who dance to a different tune, in all jurisdictions.

The FBI are not prohibited from looking at foreign nationals, in fact its
part of their job description, if the people under investigation had been
US citizens rather than Russians they may have had a problem. As far as I
am aware (and I am open to correction here, please) there is nothing in US
law to prevent the FBI "hacking" or otherwise gaining entry to foreign
computer systems to obtain intelligence or evidence.

The US system is by no means perfect. But it does have some advantages over
our own, the first and biggest is a written constitution, which Gov's
ignore at their peril. Yes the judges are elected or political appointees,
but frankly our closed system of "secret soundings" of establishment QC's
is much more open to abuse and "oldboy network" influence. 

Denning was my "hero" at law school (and yes I know he was everybodies and
its terribly passe, but true), I went to see him in action when I could.
The majority of his decisions were sound and legally based. He
unfortunately suffered from the worst of lawyers ailments in that he
***occasionally*** let a "hard" case sway his judgement, and fell into the
old legal maxim trap of "hard cases make bad law".  Having said all of that
I'd love to have seen him do the first RIPA case when it comes up, old
Sejackus would have a very uncomfortable time, I suspect, awaiting the
judgement and a positivly distressing one when it came out! Lawyer such as
Denning are human and fallible, but they are unfortunately for the likes of
me all too rare, I suspect it will be sometime before the LC chances
appointing another of his ilk.


Donald Ramsbottom BA LLb (Hons) PGdip
Ramsbottom & Co Solicitors
Internet and Global Encryption Law Specialists & General UK  Law Matters
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