Not if you didn't have them prior to receiving the notice and can prove
it.

e.g. after taking away your PC and realising it is encrypted they return
with a notice. You then hand over token and say by the way I previously
destroyed the data on it so I don't have the keys. You have met your
legal obligations. There is no offence of 'suspecting a notice might be
served and destroying the keys in advance of receipt' that I am aware
of.


-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]
On Behalf Of Dave Page
Sent: 14 May 2006 15:00
To: or-talk@freehaven.net
Subject: Re: Some legal trouble with TOR in France

On Sun, May 14, 2006 at 03:58:06PM +0200, Lionel Elie Mamane wrote:
> On Sun, May 14, 2006 at 02:32:50PM +0100, Dave Page wrote:

> > Under the British "Regulation of Investigatory Powers Act", they
> > would simply confiscate the entire machine, demand any
> > authentication tokens required to access it, and lock you up if you
> > refused to surrender them.  I believe similar laws exist in most EU
> > jurisdictions now.

> Tony's point was that you could arrange not to have the authentication
> tokens anymore. You better hope they believe you when you say you
> don't have it, though.

Not having the authentication tokens counts as refusing to surrender
them.

Dave
-- 
Dave Page <[EMAIL PROTECTED]>
Jabber: [EMAIL PROTECTED]

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