Ripa bags it's first victim

[the_leander]

Well, it was only a matter of time...

But thanks to RIPA, a 19 year old is to spend the next 16 weeks in prison for refusing to hand over the password to his computer.

Thanks to slashdot for picking this up.

[the_leander]

I'm from the us so I don't know much about the law, but how is this different than refusing a search warrant?

It has no provision for forgetting a password for starters. It also goes against the principle of not being forced to incriminate oneself.

[the_leander]

Yeah, now you can instead incriminate yourself by wishing to keep what little privacy you do have left. You could be innocent of any crime except that of allowing complete strangers access to your personal belongings (I don't see why personal data shouldn't count).

Suddenly, I can hear David Blunkett saying "if you've got nothing to hide you've nothing to fear"...

[the_leander]

See no evil...


(ok, I admit, that was a pretty low blow)

I still giggled like a loon

[the_leander]

I did think twice about posting it, but meh.I doubt he'll read it any time soon anyway...

Suddenly, wild groaners appear!

[the_leander]

That youngster must of had his entire hard drive(s) total encrypted if they could not use basic tools for data recovery and needed his password to gain access.  Maybe, they need another law to allow them to open the case and extract the hardware? :roflmao:

kubuntu 10.04 offered up the option of encrypting the home partition as part of the install process.

[the_leander]

But isn't this the same as opening your door when served with a search warrant?

Refusing to open your door will result in your door being taken off of its hinges by a dainty set of size 11s. It will result in a fine as the council either board up or replace the door or simply the cost of the door itself. It will result in the officers who deal with you being much more short with you.

It will not result in an automatic prison sentence.

I don't quite understand how you are being forced to incriminate yourself.

Really? Are you actually saying the threat of imprisonment and all that entails isn't a form of coercion?

"I do not recall"

It is a tried and tested legal defence. One this law specifically forbids. It also denies you the right to remain silent, even if that has been significantly weakened in the UK.

[the_leander]

If you refuse a normal search warrant (a court ordered document), you are in contempt of court, which does carry a fine and potentially a jail sentence at the judges discretion.

As Karlos said, you'd be damned unlikely to get fine much less a prison sentence for not opening the door during a raid. To refuse access to your computer is an *automatic* prison sentence. That is one hell of a difference.

Worse, there a removal to the right to remain silent implicit in this law.

That's why I don't see a difference on this particular point.

I'll bet.

@whabang

Good.

[the_leander]

The problem is that this conflicts with the famous "right to remain silent". If one can suddenly sentenced to prison for exercizing the rights granted by the European human rights charter, then there is a huge problem.

Lets face it, it wouldn't be the first law brought in under the last lot that came a cropper due to it being incompatible with human rights.

The next logical step would be to threaten suspects with harsher punishment if they don't confess.

Well they got rid of the presumption of innocence and the right to a trial by jury, so yeah, that sounds about right.

[the_leander]

Presumtion of innocence is also in the EU human rights charter, FYI.

And yet, it didn't stop the digital economy act becoming law...