Ruling on RIPA self-incrimination
Charles Lindsey
ukcrypto at chiark.greenend.org.uk
Wed, 15 Oct 2008 11:01:20 +0100
On Tue, 14 Oct 2008 09:10:59 +0100, PeteM <otcbn@callnetuk.com> wrote:
> http://www.theregister.co.uk/2008/10/14/ripa_self_incrimination_ruling/
>
> "RIPA ruling closes encryption key loophole ... The Appeal Court judges
> therefore held that an encryption key – even one that exists only in the
> mind of a single defendant – does have an independent existence, and the
> defendants should hand it over."
>
Yes, but I don't think there is anything new here. We went through all
this at the time that RIPA was going through Parliament, and the latest
ruling simply confirms what Parliament then decided, in full knowledge of
that feature.
The only thing new since then is that the penalty in the case of terrorist
offences has been upped to 5 years. So these guys have to decide whether
it is in their interest to accept a possible 5-year penalty in order to
avoid an even longer sentence for terrorism. If they were still convicted
of terrorism in spite of absence of evidence from their encrypted files,
then I suspect the two sentence would run concurrently anyway.
--
Charles H. Lindsey ---------At Home, doing my own thing------------------------
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Web: http://www.cs.man.ac.uk/~chl
Email: chl@clerew.man.ac.uk Snail: 5 Clerewood Ave, CHEADLE, SK8 3JU, U.K.
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