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Computing student (with AS) jailed after failing to hand over crypto keys

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Sledgehammer once again used to crack a nut

 

http://www.theregister.co.uk/2014/07/08/christopher_wilson_students_refusal_to_give_up_crypto_keys_jail_sentence_ripa/

 

Christopher Wilson, 22, of Mitford Close, Washington, Tyne and Wear, was jailed for refusing to hand over his computer passwords, a move that frustrated an investigation into claims he launched an attack on a police website.

 

Wilson, who has Asperger's Syndrome, was suspected of "trolling" the Northumbria Police as well as attempting to break into the Serious Organised Crime Agency's website.

 

Refusal to hand over crypto keys is a violation of section 49 of RIPA, the UK's sometimes controversial wiretapping law.

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Does the UK have something similar to the "Miranda Rights": "the right to remain silent, ..."?

The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution.

 

 

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This dangerous hastily drawn-up law amounts to forced self-incrimination, as well as a flagrant invasion of our privacy. We all have a human right to protect our personal information in any way we can, including the use of encrypted data (I do so myself).

Yes, we still theoretically have a legal right to silence, but it would seem that this right is uniquely ignored when it comes to computer passwords. As far as I know this law is peculiar to Britain (and possibly Ireland). I know that there is no such law in any mainland European country - and not even in the USA, where they tried to introduce something similar, but as it contravened US constitutional rights, it was quietly shelved.

Also just supposing I was to forget my password (either genuinely or to claim so), what could they then do? Would I be locked up for what could well be a genuine lapse of memory? No court could ever prove I had intentionally withheld it. As with any other offence, the onus should be on the police investigation to prove an offence has taken place, and not on the defendant. It's scary ...and downright unethical - the kind of law one would expect in Nazi Germany!

Edited by Mihaela

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Another insidious and badly thought out law is Section 58 of the Terrorism Act 2000. It is vague, imprecise, and open to interpretation and personal opinion of the police, judge, and jury. Earlier this year FOI requests to the Home Office and Police Forces revealed that there is no official list of 'proscribed' publications. The law has been used many times with people being jailed for possessing certain publications that are not otherwise specifically outlawed by Parliament.

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I also recall reading about this a while back,

 

I believe his defence was he just could not remember his password?

 

and they didn't believe him?

 

re: Miranda rights and taking the "5th"

 

I believe it's part of the constitution, that if their is a certainty of doubt,

 

then someone is innocent.

 

if you can not prove someone is intentionally obstructing, and their is a certainty of doubt,

 

then such a person has to be released as innocent.

 

it is the constitution and it is the law.

 

so when I read about that subject in the news I didn't really understand it.

 

I guess it's cause they have big black choppers, and big black van's that van appear in the night?

 

(now where have we all heard that before?)

 

lol. if I don't post anymore within the space of a few days, errr...

 

 

:-)

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please delete my last post moderators (and this one) ty

 

we all know the governments @ the moment do not care about the constitution.

 

we all know it's one step away from china.. if you don't conform, you do get taken away.

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