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  • UK: Teenager jailed for refusing to disclose password

    Simply barbaric. It's a shame the UK doesn't have protections against forcing someone to incriminate themselves. The police can either build their case by themselves or let the guy go but demanding he help them put him in jail is just wrong.

    Drage could spend up to 16 weeks behind bars

    Lancashire teen is keeping his 50-character encryption key to himself

    A British teenager has been jailed for four months for refusing to disclose his encryption password to police.

    Oliver Drage, 19, of Freckleton in Lancashire, was arrested in May 2009 by a Blackpool police squad investigating child sexual exploitation. Police were unable to decrypt his computer, however, due to a 50-character password that Drage, who works in a fast food shop, refuses to disclose.

    "Drage was previously of good character so the immediate custodial sentence handed down by the judge in this case shows just how seriously the courts take this kind of offence," Det Sgt Neil Fowler of Lancashire Police told the Press Association.

    "It sends a robust message out to those intent on trying to mask their online criminal activities that they will be taken before the courts, with the ultimate sanction, as in this case, being a custodial sentence."

    Last month, Drage was found guilty of failing to disclose an encryption key, an offence covered by the Regulation of Investigatory Powers Act 2000 (RIPA). He was sentenced to 16 weeks in a Young Offenders Institution at Preston Crown Court.

    "Computer systems are constantly advancing and the legislation used here was specifically brought in to deal with those who are using the internet to commit crime," said Fowler.

    The police and public sector bodies have been making increasing use of powers granted under RIPA to investigate online activity and mobile traffic. Discussions on wider powers forcing companies to retain all data logs by the last government appear to have been put on hold by the coalition.
    Signs of the Times: The World for People who Think. Featuring independent, unbiased, alternative news and commentary on world events.
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  • #2
    This is the same **** the British were doing in the 1770's and is the main reason we have a bill of rights which includes protections against unreasonable search & seizure along with protections against self incrimination.
    Try http://wordforge.net/index.php for discussion and debate.

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    • #3
      Oerdin defending child pornographers? What now?

      Oerdin is, of course, right. In the US, child pornographers enjoy much more freedom.
      "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
      Ben Kenobi: "That means I'm doing something right. "

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      • #4
        In other news

        ''HGV driver with bad eyesight who killed TV producer on her bicycle fined just £200''

        I was on my way to work the morning this happened in notting hill, and saw the tributes at the crossing every week. The road narrows at the point she was killed, to allow a pedestrian crossing island in the middle of the road... However the style of these crossings has iron railings either side of the road.... so no escape for a cyclist being run down by a truck driver.
        Safer worlds through superior firepower

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        • #5
          I don't think this is refusal to self-incriminate. It's refusal to comply with a presumptively legal search. I mean, suppose they thought he had child porn in a physical file cabinet, and they showed him a valid warrant to search it. He then refuses them the key. That would just be refusing to comply, no? Little different from barricading the door to keep them out. The fact that the key in this case is a memorized code of some sort seems irrelevant.
          1011 1100
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          • #6
            Originally posted by Asher View Post
            Oerdin defending child pornographers? What now?

            Oerdin is, of course, right. In the US, child pornographers enjoy much more freedom.
            Alleged child pornographer. The state should have to prove their case without demanding the guy incriminate himself. That's just a basic right.
            Try http://wordforge.net/index.php for discussion and debate.

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            • #7
              Originally posted by Elok View Post
              I don't think this is refusal to self-incriminate. It's refusal to comply with a presumptively legal search.
              Trying to compel any cooperation is demanding he potentially incriminate himself. There is a reason civilized states prevent the state from doing this kind of abuse just like there is a reason spouses get a special privilege against testifying against their will.
              Try http://wordforge.net/index.php for discussion and debate.

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              • #8
                elok is right on the money here.
                "The Christian way has not been tried and found wanting, it has been found to be hard and left untried" - GK Chesterton.

                "The most obvious predicition about the future is that it will be mostly like the past" - Alain de Botton

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                • #9
                  Elok > Oerdin
                  Oerdin = Owned
                  "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                  Ben Kenobi: "That means I'm doing something right. "

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                  • #10
                    Elok
                    “As a lifelong member of the Columbia Business School community, I adhere to the principles of truth, integrity, and respect. I will not lie, cheat, steal, or tolerate those who do.”
                    "Capitalism ho!"

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                    • #11
                      Elok -- he's like an Ewok, only less Ben-like.
                      "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                      Ben Kenobi: "That means I'm doing something right. "

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                      • #12
                        By the way, how is this appreciably different from TSA employees demanding the ability to search a laptop computer?
                        "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                        Ben Kenobi: "That means I'm doing something right. "

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                        • #13
                          Originally posted by Oerdin View Post
                          Trying to compel any cooperation is demanding he potentially incriminate himself.
                          This just might be one of the stupidest things you've said, and that's saying a lot.

                          What happens in the U.S. if you refuse to cooperate with a search warrant?
                          Tutto nel mondo è burla

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                          • #14
                            Theoretically one can refuse and not be sent to jail.
                            Try http://wordforge.net/index.php for discussion and debate.

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                            • #15
                              Theoretically one wouldn't have one's door kicked in and get tazed either.
                              The genesis of the "evil Finn" concept- Evil, evil Finland

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