50 characters ? (was RE: Man jailed over computer password refusal

Nicholas Bohm nbohm at ernest.net
Sat Oct 16 18:42:29 BST 2010

 On 16/10/2010 18:23, John Wilson wrote:
> On 16 October 2010 18:15, Peter Mitchell <otcbn at callnetuk.com> wrote:
>> John Wilson wrote  on 15-10-10 20:00:
>>> Are you suggesting that immediately destroy it claim that the Police
>>> missed it but that I subsequently destroyed it?
>>> If so that seems a rather risky thing to claim. I'd have to explain
>>> why I'd destroyed the key and I'm not sure I could do that in a way
>>> which would be likely to convince a Jury.
>> I do not think there is anything in RIPA to stop you saying "I destroyed the
>> key because I didn't want the police coming back with a RIPA notice and
>> forcing me to disclose my private documents".  There seems to be no
>> obligation on a person to preserve his key in anticipation of a notice.

I think there is none.

>> I suppose the police could argue that destroying it amounted to an attempt
>> to pervert the course of justice. But one would hope they would first have
>> to prove that some other crime had been committed that the suspect was
>> trying to conceal.

It's destroying something which might be evidence, but it's hard to see
that it could be proved beyond reasonable doubt that it really was.

And that's basis for my suggestion of the hidden flimsy paper destroyed
after not being found when the computer was taken.

> Yes that is a good point. I wonder why Mr Drage didn't just claim that
> he'd written his 50 character passphrase down and had then destroyed
> it?

Perhaps he doesn't read this list.

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