Punishing silence
Ian Brown
ukcrypto at chiark.greenend.org.uk
Mon, 12 Jun 2006 13:52:08 +0100
It seems the Times has had a thorough briefing from the Home Office...
http://www.timesonline.co.uk/article/0,,542-2221466,00.html
Punishing silence is a dangerous concept and should be rejected in all
but severe cases. But the consultation paper circulated by the Home
Office sets out the hurdles, designed to protect the innocent, which
prosecutors would have to jump. For a suspect to be charged and face a
prison term of more than two years for failing to unlock computer files,
he would have to be a convicted paedophile; his computer would have to
contain indecent pictures of children; or there would have to be
evidence that he had communicated the encrypted information to someone
else. The court would have to be satisfied that the encrypted data was
likely to contain illegal images of children. The battle against
paedophiles, like that against money-launderers, has been made more
complicated by the internet. It is reasonable that law enforcement
acquires stronger powers to fight back.