Spy Blog – SpyBlog.org.uk: “At least eight RIPA Part III section 49 notices have been served – All Your Crypto Keys Are Belong To Us
April 30, 2008 10:51 AM | Permalink | Comments (0)
The Home Office has given some vague details about the number of Regulation of Investigatory Powers Act 2000 Part III – Investigation of Electronic Data Protected by Encryption etc. Section 49 Notices which have been issued since October 2007:
House of Commons, Hansard, 29 Apr 2008 : Column 361W
Regulation of Investigatory Powers Act 2000
David Davis: To ask the Secretary of State for the Home Department (1) how many people have been (a) proceeded against for and (b) convicted of failing to disclose information in encrypted form under section 53 of the Regulation of Investigatory Powers Act 2000; [200550]
(2) how many prosecutions and convictions there have been under the Regulation of Investigatory Powers Act 2000 for withholding passwords and encryption keys to hard drives since that provision entered into force. [200588]
Jacqui Smith [holding answer 23 April 2008]: These provisions came into force on 1 October 2007 and to date eight section 49 notices have been served, four of which were in terrorism related cases. In these four cases two people have been charged with the offence of failing to comply with a section 49 notice, and the appropriate investigating authorities are also considering what action to take in regard to the other two terrorist related cases. These cases have yet to come before the courts.”
JFL is a dozen year pro experienced computer scientist with his own small business in Silicon Valley. He plead guilty in Crown Court, after 3mns remand, to 10counts of RIPA s53 (non-compliance with the one s49 notice). The UK added two ficticious counts of ticking the wrong box on a passport form (CJA 1925 s36). JFL was sentenced for the RIPA offences to 14mns reduced to 9mns for his pleas, in total 13mns, and to serve half. CTC, the terrorism squad, had stopped its investigation into suspected explosives manufacture yet didn’t tell the Judge. JFL had according to the forensic report touched a surface that was contaminated with legal explosives; his $10 model rocket. Any prisoner can be very easily Sectioned under the Mental Health Act. JFL is hoping for release soon now 8mns imprisoned for the Right to Silence. His official complaint has been uptaken by the MPS’ Directorate of Professional Standards. RIPA could never be law in the US due to their 5th Ammendment and is now the law also in CA as Customs case law.