Hand Over Your Decrypt Key, or Else …
Ever since the US government tried to behead Phil Zimmermann for releasing his Pretty Good Privacy (PGP) email encryption software to the public, data encryption has become widespread. Now any computer user can encrypt and decrypt their personal data with ease - there are very good GUIs to facilitate the process. With encryption in place, you can be sure, if your PC is ever stolen or seized by law enforcement, that they will have a difficult time getting at your data.
Not anymore, at least not in the United Kingdom (Britain if you prefer). And that is all thanks to a provision of the Regulation of Investigatory Powers Act (RIPA) that became law on October 1, 2007. The RIPA is to the british what the Patroit Act is to us here in the USA. The RIPA can be difficult to understand if you are not a lawyer. But if you have the time, or are a lawyer, you may read the RIPA here.
The provision of the RIPA in question, gives (british) law enforcement the powers to compel you (if you PC has been seized and they cannot get at your data because it is encrypted) to either decrypt the data for them or hand over your decrypt key(s). No kidding!
And what is the punishment for refusing to surrender the decrypt key? Upto two (2) years in jail. And here is some thing that should be familiar to us here in the USA: In addition to asking you to decrypt your data - for them, or hand over the key, you also get a nicely worded letter asking you not to reveal that you have been asked to comply with this section of the RIPA. Does it get any better (for law enforcement) than that?
As I mentioned, the law is already in effect, and 30 animal rights activist could be facing jail time if they do not comply. Could similar legislation be inserted into the Patroit Act? Could it be in there already and the public is not yet aware if it. Good questions and I do not have any answers, but with the way we are going, I will not be surprised if that happens. And when that happens, you can kiss your right to privacy - or whatever is left of it - goodbye.
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The UK government made a big mistake picking Animal Right activists for its first test case. These guys love to be martyrs for the cause. The law is just controversial enough that any prosecution for someone who is NOT perceived as dangerous will only reignite the whole debate over the RIPA law - which was originally intended to catch paedophiles!
That is the problem with laws targeted at a certain group: They are not worded to exclude everybody else. Now the RIPA, or that specific provision applies to everybody, and that means everybody (in Britain).
Has Mr. Howard done something similar in Australia?