Re: UK RIPA Pt 3

2007-07-05 Thread Peter Fairbrother

Peter Fairbrother wrote:
The UK Home Office have just announced that they intend to bring the 
provisions of Pt 3 of the Regulation of Investigatory Powers Act 2000 
into force on 1st October. This is the law that enables Policemen to 
demand keys to encrypted material, on pain of imprisonment, and without 
judicial approval of these demands.


There is one last Parliamentary process to go through, the approval of a 
code of practice, but as far as I know there has never been a case of 
one of these failing to pass - though a related one was withdrawn a few 
years ago. We will try to prevent it happening, the chances of success 
are against us but it is not impossible.



You are not required to keep keys indefinitely, or give up a key you 
don't have, but the rules regarding the assumption that you know a key 
at least partially reverse the normal burden of proof.



I forgot to mention that Pt.3 also includes coercive demands for access 
keys - so for instance if Mr Bill Gates came to the UK, and if there was 
some existing question about Microsoft's behaviour in some perhaps 
current EU legal matter, Mr Gates could be required to give up the keys 
to the Microsoft internal US servers. Or go to jail.



Though I'd quite like to see that :), I don't think it would be entirely 
appropriate ...



-- Peter Fairbrother

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UK RIPA Pt 3

2007-07-05 Thread Peter Fairbrother
The UK Home Office have just announced that they intend to bring the 
provisions of Pt 3 of the Regulation of Investigatory Powers Act 2000 
into force on 1st October. This is the law that enables Policemen to 
demand keys to encrypted material, on pain of imprisonment, and without 
judicial approval of these demands.


There is one last Parliamentary process to go through, the approval of a 
code of practice, but as far as I know there has never been a case of 
one of these failing to pass - though a related one was withdrawn a few 
years ago. We will try to prevent it happening, the chances of success 
are against us but it is not impossible.



You are not required to keep keys indefinitely, or give up a key you 
don't have, but the rules regarding the assumption that you know a key 
at least partially reverse the normal burden of proof.




m-o-o-t will be there on the day. m-o-o-t is a freeware live CD 
containing OS and applications, including an ephemerally keyed messaging 
service, and a steganographic file system.


If anyone knows of any other technologies to defeat this coercive attack 
I would be glad to hear of them, and perhaps include them in m-o-o-t.



-- Peter Fairbrother
www.m-o-o-t.org

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Re: UK RIPA Pt 3

2007-07-05 Thread Florian Weimer
* Peter Fairbrother:

 I forgot to mention that Pt.3 also includes coercive demands for
 access keys - so for instance if Mr Bill Gates came to the UK, and if
 there was some existing question about Microsoft's behaviour in some
 perhaps current EU legal matter, Mr Gates could be required to give up
 the keys to the Microsoft internal US servers. Or go to jail.

Well, if Mr Gates is a witness and not a suspect, such coercive
measures are well within the legal framework of most countries.  As a
witness, you must testify.  It simply does not matter if the
information you are asked to provide is encrypted, or is stored in a
database and needs significant preprocessing to obtain.  It would be
quite surprising if this was any different in the UK.

So it's purely the self-incrimination part that is questionable from a
legal POV.  I think this bears repeating because we face a similar
discussion in Germany regarding covert data seizure using
technological measures, and the discussion focuses almost entirely on
the technological measures.  But the legal obstacle is just the
covertness.

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