Minister promises that Part III is coming
Peter Mitchell
ukcrypto at chiark.greenend.org.uk
Fri, 12 May 2006 18:23:01 +0100
Ian G Batten wrote:
>
> I would suspect that, at a civil standard of proof, the prosecution
> would contend that possession of a large amount of flat-random data
> with no lawful purpose was proof of the use of encryption. Your
> defence, of course, would be the source and/or purpose of that data.
> Of course, using stego to put the bits into MP3s, JPGs and so on is
> still available. Arguing that laws shouldn't be passed because
> sufficiently skilled people can evade them is a nonsense, however: by
> that logic we would have no laws against fraud.
I don't think that's the argument against part III. Rather the arguments
are:
(i) It is possible, indeed normal, for people to have files on their
computers of which they have no knowledge at all. So there is a
substantial risk of miscarriage of justice if the law says they can be
convicted unless they *can* account for them;
(ii) as a general principle, people should not be compelled by law to
help the police gather evidence against them.
--
Pete Mitchell