Re: British Legislation to Compel Encryption Key Disclosure

[Jim Murray <jim () digitaldaemons co uk>]

Fergie wrote:
> Via C|Net News.
>
> [snip]
>
> The British government is preparing to give its police the authority to force organizations and individuals to 
> disclose encryption keys, a move that has outraged some security and civil-rights experts.
>
> The powers are contained within Part 3 of the Regulation of Investigatory Powers Act. The RIP Act, also known as 
> RIPA, was introduced in 2000, but the government has held back from bringing Part 3 into effect. Now, more than five 
> years after the original act was passed, the Home Office is seeking to exercise the powers within Part 3.
>
> [snip]
>
> More:
> http://news.com.com/2100-7348_3-6073654.html

I seem to remember Section 3 was held back after much outcry from
business and not a few people pointing out just how stupid and badly
written it actually is.

My memory's a little foggy about it now but I seem to recall one group
sending an encrypted disk to a govt. minister as proof of just how
unworkable this legislation really is. He obviously hasn't got the key
but how can he PROVE that he hasn't got it? IIRC the burden of proof is
on the individual, not the authorities which is one reason why there was
so much fuss made about it first time round.

There is also the small point that in many cases the penalty for
refusing to provide a key or decrypt a document is probably less than
that for the offense the document relates to....

Yet another govt. power grab under the guise of protecting us from those
nasty terrorists - I'm beginning to wonder which is worse!

Jim.


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