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(, Sun 1 Apr 2001, 1:00)
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which sell nice hoodies. If that's your kind of thing. That story is utterly ridiculous - I wouldn't disclose my password either, if they kicked my door in and I hadn't done anything wrong.
(, Wed 6 Oct 2010, 11:31, 4 replies, latest was 15 years ago)
I might live in the woods.
(, Wed 6 Oct 2010, 11:33, Reply)
I assume bobby wil be in a wood with wi-fi.
(, Wed 6 Oct 2010, 11:39, Reply)
what part of London are you in? If its's anywhere near N1, I can survive rather comfortably.
(, Wed 6 Oct 2010, 11:51, Reply)
(from the tent in N1 where you'll be living your last kidney-less days)
(, Wed 6 Oct 2010, 11:57, Reply)
you can lodge with me for a bit until you get settled.
(, Wed 6 Oct 2010, 12:01, Reply)
Yeah, "IF YOU'RE INNOCENT THEN YOU HAVE NOTHING TO HIDE", etc, ad nauseum. Wankers.
(, Wed 6 Oct 2010, 11:33, Reply)
and they surely couldn't prove him guilty of having child porn on his computer because they couldn't get in to it. 4 months is insane - I'm sure I've read about cases where someone has stabbed some poor fucker and only been put away for twice that.
(, Wed 6 Oct 2010, 11:35, Reply)
got 40 hours community service.
My da got an Ilizarov frame, permanent pain and a limp, and a Blue Badge.
(, Wed 6 Oct 2010, 11:42, Reply)
Seriously though, that's fucking appalling. Not to seem slightly unbalanced or anything, but had it been me in your dad's position I would have waited for that cunt and broken BOTH his legs.
(, Wed 6 Oct 2010, 11:50, Reply)
If the key evidence in the case of your father had been encrypted CCTV film and someone was denying the police access to it?
(, Wed 6 Oct 2010, 11:49, Reply)
(, Wed 6 Oct 2010, 12:03, Reply)
a right that RIPA seems to overrule
(, Wed 6 Oct 2010, 12:06, Reply)
Now, do you want one of these smart new "I heart RIPA" promotional hoodies sending or not? They're lovely quality
(, Wed 6 Oct 2010, 12:40, Reply)
We've far too many of them in this country.
(, Wed 6 Oct 2010, 12:02, Reply)
Why would an innocent man have an encrypted 50-character password?
(, Wed 6 Oct 2010, 11:34, Reply)
however, if he refused to give it up repeatedly, even at the risk of going to prison then chances are he has something on there that would be worse than 16 weeks in prison.
(, Wed 6 Oct 2010, 11:35, Reply)
I'm all for "innocent until proven guilty" but he's not giving himself a chance to be proven innocent.
(, Wed 6 Oct 2010, 11:36, Reply)
that's illegal but not related to the original charge.
So he doesn't have child porn but does run some botnets or something.
(, Wed 6 Oct 2010, 11:39, Reply)
If they raided someone's house on suspicion of supplying Class A drugs and found laundered money and guns as well, they'd charge them with the whole lot.
Didn't get my tickets yet by the way, my debit card keeps bouncing or some shite. That train is £8 more expensive than the one before it, so Kitty better bring some goddamn cakes.
(, Wed 6 Oct 2010, 11:41, Reply)
In the US (at least according to Law & Order) search warrants are quite specific, you can't use something unrelated that you find to charge someone with a new crime.
(, Wed 6 Oct 2010, 11:43, Reply)
they can go to town on you for anything and everything.
(, Wed 6 Oct 2010, 11:47, Reply)
If I was looking for fraudulent documents, for example, and claimed I found some extreme porn pics, it'd look awkward explaining to people why I was trawling through the suspect's porn stash when i should have been looking at documents.
(, Wed 6 Oct 2010, 11:50, Reply)
(, Wed 6 Oct 2010, 11:54, Reply)
As the warrant would no doubt allow a thorough searching of the entire property, and the stuff you mentioned would be contraband. Searching the entire house is part of 'looking for evidence of X', wherein finding evidence of Y is allowable.
(, Wed 6 Oct 2010, 11:55, Reply)
You can only "look in one room" but not the whole house?
(, Wed 6 Oct 2010, 11:57, Reply)
But I guess an example would be a copper raiding a house looking for stolen TVs but finds a bag of cocaine stuffed in the toilet cistern. You could argue why he was looking for a TV in the loo.
(, Wed 6 Oct 2010, 12:07, Reply)
If they find a body in your car, unless they had a reason to stop you then you can't be charged in relation to it. Fucking twats.
(, Wed 6 Oct 2010, 11:47, Reply)
at which point they're allowed to search. It's to stop the police harrassing people they don't like, given that damn near everyone is likely to have something illegal somewhere in their house.
(, Wed 6 Oct 2010, 11:52, Reply)
unless you commit another offence, like hitting something else or having a broken taillight.
But if they watch you leave a pub and get in your car they have to watch you do something illegal before they can stop you.
(, Wed 6 Oct 2010, 11:52, Reply)
What if they had pc to search for heroin but found cannabis? would a search warrant cover anything illegal they find?
(, Wed 6 Oct 2010, 11:53, Reply)
(, Wed 6 Oct 2010, 11:54, Reply)
£8 is a lot at the mo.
(, Wed 6 Oct 2010, 11:47, Reply)
it's probably £8 more because it's Virgin, that saving will almost buy you a pint in London.
(, Wed 6 Oct 2010, 11:49, Reply)
I don't much fancy carting a boxful of dope brownies through London! Oh, and cheers :) my normal brownies are even nicer.
(, Wed 6 Oct 2010, 11:51, Reply)
the only weed I have is rather old and stale.
(, Wed 6 Oct 2010, 12:07, Reply)
If, in the course of my investigation, I find evidence of other criminal acts, I flag them up and it's up to the police to determine whether or not they'll press ahead with the new charges.
This can be fairly common, I'll be looking for CAI and come across some bestiality pics, which is a separate offence.
(, Wed 6 Oct 2010, 11:45, Reply)
maybe he's got loads of illegally downloaded music and stuff and panicked.
(, Wed 6 Oct 2010, 11:45, Reply)
If so the stupid twat deserves the shower-bumming he will undoubtedly receive.
(, Wed 6 Oct 2010, 11:49, Reply)
it's something that will get him more than a few weeks in prison.
(, Wed 6 Oct 2010, 12:08, Reply)
several grand for each infringing track might make prison seem the better option.
(, Wed 6 Oct 2010, 12:23, Reply)
But repeatedly denying access to your harddrive when you've been accused of something as serious as child sexual exploitation doesn't make me very sympathetic to him.
(, Wed 6 Oct 2010, 11:44, Reply)
on my laptop, but if the police busted me I would refuse to give them my password out of sheer bloodymindedness, because I'm innocent and they're wrong. Mind you, I suspect they would find mine considerably more easy to crack, what with it not being a 50 character encryption key.
(, Wed 6 Oct 2010, 11:46, Reply)
You might not agree with it, but it's still a law.
(, Wed 6 Oct 2010, 11:48, Reply)
But it's still a law. Either work to get it overturned, or shut up and conform ;)
(, Wed 6 Oct 2010, 11:51, Reply)
but I still think an innocent person's privacy invasion is worth the hundreds of convictions they get for people actually doing wrong.
(, Wed 6 Oct 2010, 11:52, Reply)
there's a fine line between justice and abusing police power. I guess I've never been on the wrong side of it though.
(, Wed 6 Oct 2010, 12:09, Reply)
If you start of saying it's okay to trample a right occasionally as long as it's for "The greater good" you lose all rights.
(, Wed 6 Oct 2010, 11:56, Reply)
I don't think you should give up all rights, especially the ones to do with your physical safety and wellbeing, but in this case I think he was silly not to give up his password.
And please don't tell me my attitude is 'totally wrong' because you disagree with it.
(, Wed 6 Oct 2010, 12:11, Reply)
The fact he has a 50 character encryption shows he's up to something dodgy. He's clearly either a pervert or a scammer.
However, the police have to prove wrongdoing and do not have the right to expect someone to incriminate themselves. It's the same as the right to silence. People have the right to make the police prove something against them.
I know that this means the odd person will get off scot-free when they're guilty (like me, last time I got nicked. I went no comment, and they had nothing substantial enough to lay a charge) but if you remove this right, the police can apply pressure, and fit people up as used to happen.
This guy will get what's coming to him, if he's guilty. I know it's 50 characters, but it's breakable. He'll not get his machine back, and he will eventually be busted. Crooks that are persistent get caught.
Better ten guilty go free than one innocent gets convicted.
(, Wed 6 Oct 2010, 13:14, Reply)
You can get encryption software that has dual partitions and two passwords. 1 nice and legal 1 running a criminal empire.
Give the legal one to the police and your criminal records just look like disk fragments.
(, Wed 6 Oct 2010, 11:52, Reply)
and is the reason the Daily Mail makes so much money by repeating it all the time.
(, Wed 6 Oct 2010, 11:48, Reply)
it's perfectly legitimate and just because some stupid people can comprehend it doesn't make it wrong.
(, Wed 6 Oct 2010, 11:50, Reply)
it's saying that principles are great unless they get in the way of what I want you to do, in which case you should abandon them.
If I want to keep something a secret it doesn't matter what the reason is, it's my right to have a secret, if it upsets or inconveniences you then that is just your tough shit. He shouldn't have to give up his password regardless of what he's accused of.
If the police can't find any other evidence to convict him other than his hard drive, then they clearly have a crap case.
(, Wed 6 Oct 2010, 11:54, Reply)
Al is right, regardless of what the guy is accused of.
(, Wed 6 Oct 2010, 12:00, Reply)
it's agreeing with Al. He is 100% right in what he says unfortunately.
(, Wed 6 Oct 2010, 12:02, Reply)
you won't like it, but you have to come to terms with it
(, Wed 6 Oct 2010, 12:06, Reply)
I did say 'most' though
(, Wed 6 Oct 2010, 12:14, Reply)
they may never find all your body parts.
(, Wed 6 Oct 2010, 12:39, Reply)
if people weren't being convicted because the police weren't allowed into their computers. Criminals seems to get off lightly enough already.
I also hate people who hide behind the ECHR, obviously I don't agree with torture and stuff like that, but you can't have a strong justice system when the ECHR is used by every petty criminal the way it is at the moment.
(, Wed 6 Oct 2010, 11:59, Reply)
The ECHR is not used by every petty criminal, the tabloids just like to portray it that way.
(, Wed 6 Oct 2010, 12:05, Reply)
Also, again with insulting me because you disagree, pack it in.
(, Wed 6 Oct 2010, 12:11, Reply)
It's your right to kidnap someone and then refuse to tell anyone where they are?
He's been accused of a non specific sex crime against minors. He's allowed to make a choice and he did, now he has to accept the consequences.
(, Wed 6 Oct 2010, 12:00, Reply)
subject to change but fundamentally black and white. How can they not be?
(, Wed 6 Oct 2010, 12:07, Reply)
like the whole stealing a loaf of bread to feed your family argument. You could argue that's not as bad as stealing a games console because you want to play L4D but can't be arsed getting a job.
(, Wed 6 Oct 2010, 12:20, Reply)
If they are subject to change on a daily basis then what's the point of them? Principles guide you on key decisions and life choices. Yes they may change over time, like this kid who is refusing to play ball with the police may have a change of heart after this but it will have taken a huge event to do so. Your principles should be unmoving unless YOU have a revelation leading you to consider alternatives.
(, Wed 6 Oct 2010, 12:24, Reply)
but I don't think anyone's principles or opinions should be set in stone, anyone and everyone can be wrong. You say they can change over time, well that means that they must be open to influence.
(, Wed 6 Oct 2010, 12:26, Reply)
(, Wed 6 Oct 2010, 12:27, Reply)
therefore he is innocent and should be afforded all the rights of any other innocent person i.e. The police shouldn't be able to force him to disclose his password.
(, Wed 6 Oct 2010, 12:07, Reply)
He was in contravention of the RIPA.
I agree with you that the police shouldn't be able to force him to disclose his password, it IS an infringement on their privacy, but RIPA has been established.
(, Wed 6 Oct 2010, 12:10, Reply)
It's referred to as an exhibit, but it's more a scene of crime.
If the investigator has found absolutely nothing other than an encrypted container file, then they can either get the password, crack it, or give up. They would have had intel of some sort to get a warrant to seize the computer, so finding absolutely nothing other than this file would call the validity of that intel into question.
Obviously I don't know what the Investigator has found, for all we know the hard drive could be riddled with tons of 'clues' (without boring you with technical stuff) all pointing to this file.
(, Wed 6 Oct 2010, 12:02, Reply)
(, Wed 6 Oct 2010, 12:05, Reply)
Sometimes we get them sent with the computers.
Also most of the time the cops ask them in interview if there are any passwords, and let us know if there are.
(, Wed 6 Oct 2010, 12:11, Reply)
how useful would you be?
(, Wed 6 Oct 2010, 12:16, Reply)
I can't code or remote hack.
I would be better use as a consultant of sorts.
(, Wed 6 Oct 2010, 12:19, Reply)
That is simply untrue.
(, Wed 6 Oct 2010, 12:09, Reply)
so if i don't give you my password because i want to blow up chanel for not giving me enough free stuff and it's all hidden on my computer, and so you have to let me go and give it back, and i then kill 15 people and injure 150 more, are my rights to privacy more important than their life and limb?
i can see it both ways, but i do think fundamentally if you have nothing to hide, you'd make less of a fuss.
(, Wed 6 Oct 2010, 12:21, Reply)
You don't have any right to keep a secret if that secret is a crime. If the police have to find out a non-criminal secret trying to find a crime then that is unfortunate but a price that has to be paid for a criminal justice system.
(, Wed 6 Oct 2010, 12:28, Reply)
The fact he has a 50 character encryption shows he's up to something dodgy. He's clearly either a pervert or a scammer.
However, the police have to prove wrongdoing and do not have the right to expect someone to incriminate themselves. It's the same as the right to silence. People have the right to make the police prove something against them.
I know that this means the odd person will get off scot-free when they're guilty (like me, last time I got nicked. I went no comment, and they had nothing substantial enough to lay a charge) but if you remove this right, the police can apply pressure, and fit people up as used to happen.
This guy will get what's coming to him, if he's guilty. I know it's 50 characters, but it's breakable. He'll not get his machine back, and he will eventually be busted. Crooks that are persistent get caught.
Better ten guilty go free than one innocent gets convicted.
(, Wed 6 Oct 2010, 13:46, Reply)
but it's still an erosion of the right to remain silent, so I'm siding with him.
(, Wed 6 Oct 2010, 11:48, Reply)
which suggests that the evidence that they did have to begin the investigation is quite strong also. I don't think enough detail has been reported about the case for me to decide whether or not it's a breach of his rights or not.
(, Wed 6 Oct 2010, 11:55, Reply)
Whether he's been noncing it up all over the shop or not, it's either a breach of his (and everyone's) rights or it's not. The circumstances are irrelevant.
(, Wed 6 Oct 2010, 11:57, Reply)
I just don't want to go to jail for refusing to out myself as having illegally downloaded SATC2.
(, Wed 6 Oct 2010, 12:20, Reply)
so I'll just say I think he was stupid to not give up his password. His stint in prison, innocent or not, will fuck up his entire future unless he's extremely lucky.
(, Wed 6 Oct 2010, 12:24, Reply)
he only has a future as an organ donor anyway (not sperm though, noone would want that)
(, Wed 6 Oct 2010, 12:25, Reply)
This is well stressing me out, I hate arguing with people. I would make a rubbish troll.
(, Wed 6 Oct 2010, 12:27, Reply)
so then I think it is up to him to do everything he can to prove his innocence, otherwise more and more people would get away with crimes if there was no punishment for just staying quiet. It's the same as answering no comment in interviews, you don't have to say anything, but the fact that you refuse to say anything does create inference. That's why they have penalties for refusing to provide a breath specimen if you get stopped for drink driving, otherwise anyone who was leathered could just refuse to give the sample and get away with it.
(, Wed 6 Oct 2010, 11:51, Reply)
that you do not have to prove your innocence. Your innocence is assumed and someone else has to prove you guilty.
(, Wed 6 Oct 2010, 11:52, Reply)
They haven't tried him as a sex offender.
(, Wed 6 Oct 2010, 11:54, Reply)
But equally, he should have the right to say nothing and make the police prove the case against him.
Surely they have the ability to break these encryption keys eventually?
(, Wed 6 Oct 2010, 13:48, Reply)
Plus the method of cracking. I find the quote of "50 character password" dubious at best, the only way to find that out would be if the suspect told them.
A brute force attack on a fairly standard 128 bit encryption would mean going through 2128 permutations. Using a standard computer, the maximum amount of time it would take exceeds the estimated lifespan of our planet.
However, there are ways of trimming that time down, by using specialised computers/networks, or by using a dictionary attack.
(, Wed 6 Oct 2010, 13:58, Reply)
I think that he's probably up to something really dubious, or he's a geek who thinks he'll get respect for "standing up to the man"
(, Wed 6 Oct 2010, 14:02, Reply)
It's guilt that has to be proven.
(, Wed 6 Oct 2010, 11:53, Reply)
(, Wed 6 Oct 2010, 12:03, Reply)
It's a shame no-one was convicted over Enron, but that's the way it happens sometimes. There is no perfect justice system, but assuming innocence unless you can prove guilt is the best option.
(, Wed 6 Oct 2010, 12:10, Reply)
I feel that if you are accusing someone of a crime it is on you to prove that that particular person committed that particular crime. If you can't get enough evidence to do it. They go free. Otherwise you will have cases bought to court that are bollocks and have no grounds, costing more money and wasting more time. Like the Geordie said, no system is perfect but the one we have is better than others.
(, Wed 6 Oct 2010, 12:21, Reply)
The reason it's annoying people is some assumed sanctity of a computer or virtual data over other possessions. People wouldn't be debating this if it was (say) the Fritzl case, and the police had gone into the house and come across a locked door they couldn't open, that Josef had the key for, would they?
"we have reason to suspect you have someone locked in there" ..
"well, that's as maybe, but I'm not going to let you see" ...
"ah, fair cop. We can't touch you then. Away you go and on with your day"
(, Wed 6 Oct 2010, 12:24, Reply)
A seperate charge than which was originally levelled at him? They knew Fritzl was a mental when they got him didn't they?
(, Wed 6 Oct 2010, 12:26, Reply)
is proof of guilt, now, is it?
My point stands absolutely. This is only an issue because people regard electronic data differently to other possessions. A warrant to access a laptop, or a house, or a safe, or a cellar full of bodies. No difference. It's the warrant that matters and the failure to comply with it that is the crime.
(, Wed 6 Oct 2010, 12:31, Reply)
if so, then the same applies to the electronic data.
(, Wed 6 Oct 2010, 12:36, Reply)
it doesn't mean you have to tell them the combination. Although if you don't, your safe will probably end up fucked.
(, Wed 6 Oct 2010, 12:37, Reply)
(, Wed 6 Oct 2010, 12:37, Reply)
But there may be other clauses or acts relating to safes.
(, Wed 6 Oct 2010, 12:40, Reply)
than having your whole inbred family locked up in the basement.
(, Wed 6 Oct 2010, 12:41, Reply)
obstruction of justice and failure to comply with a warrant. If the warrant says "inside the safe" and you can let them "inside the safe" but you choose not to, you're guilty. This is exactly what I've been saying.
(, Wed 6 Oct 2010, 12:43, Reply)
You don't have to assist a search warrant. If the police come knocking at the door and ask "where are you keeping the drugs" you don't go to prison for saying "ooh sorry constable, I'm afraid I've forgotten, you're just going to have to have a look yourself".
(, Wed 6 Oct 2010, 12:36, Reply)
You don't have to tell them where the illegal stuff is, obviously, but the two things are separate.
However, it is far easier to batter down a locked door than it is to break encryption, hence that RIPA part was brought in.
(, Wed 6 Oct 2010, 12:39, Reply)
well, except in how the retard press have reported it. He has gone to prison for the crime of (either, I haven't checked the court records) failure to comply with a search warrant or obstruction of justice. He is absolutely, 100%, guilty of those. Innocence or guilt in a previous investigation is moot right now.
(, Wed 6 Oct 2010, 12:17, Reply)
but I'm well cack-handed and ended up sounding all Orwellian.
(, Wed 6 Oct 2010, 12:29, Reply)
it's the same as any other search. And he's obstructed that. Which is a criminal offence. Which he is cast iron guilty of. So he's gone to prison. Problem is?
Or. let me put it another way. The police are trying to prove him guilty. he broke another, different law to stop them. It's not difficult to understand, surely?
(, Wed 6 Oct 2010, 12:04, Reply)
They can break it down using force.
(, Wed 6 Oct 2010, 12:25, Reply)
but only he had the code for?
The fact that they "can" get in other ways doesn't make him failing to comply with the terms of a warrant any less of a crime.
(, Wed 6 Oct 2010, 12:37, Reply)
You're talking rubbish.
The police cannot expect someone to incriminate themselves - it opens the door to corruption and fit-ups.
The police have to prove guilt, not guess someone's crooked and then ask him to show them in which way he is!
(, Wed 6 Oct 2010, 13:49, Reply)
I may be wrong, but we do not.
(, Wed 6 Oct 2010, 12:15, Reply)
(, Wed 6 Oct 2010, 12:21, Reply)
(, Wed 6 Oct 2010, 12:25, Reply)
is it not?
(, Wed 6 Oct 2010, 12:30, Reply)
It's failure to comply with the terms of a warrant.
Incidentally, while remaining silent can no longer be taken as an admission of guilt, it's a fairly fucking stupid defence, do you not think?
(, Wed 6 Oct 2010, 12:34, Reply)
Hence the "it may harm your defence if you do not mention when questioned something which you later rely on in court" bit.
I'll need to do some more research on the warrant thing.
(, Wed 6 Oct 2010, 12:42, Reply)
it's still going to end up as your defence. Anyway, off the point. Vipros's safe example up there is the best direct comparison. The bloke's a) guilty and b) a tit, to boot, if he's doing it to make a point.
and with that ... lunch.
(, Wed 6 Oct 2010, 12:46, Reply)
"Innocent until proven guilty" .... "proven innocent"
No. One or the other please.
(, Wed 6 Oct 2010, 11:41, Reply)
But doesn't it seem absurd that he'd rather do 16 weeks inside than give up his hard drive?
(, Wed 6 Oct 2010, 11:43, Reply)
19's about the right age for grand gestures of that sort.
(, Wed 6 Oct 2010, 11:44, Reply)
He'll do 16 weeks inside. Then, when they eventually crack it, which they will, he'll then do time again for whatever was on there he was trying to hide. Which, if it was nothing, he's going to look like an almighty prick for. Especially when he can't get a job for the next 10 years.
(, Wed 6 Oct 2010, 12:11, Reply)
and the other opens it up. That way he can give the police the one that turns the data into lolcats pictures.
(, Wed 6 Oct 2010, 13:38, Reply)
Despite what CSI show you, we don't just boot up the suspect's machine and trawl through it.
(, Wed 6 Oct 2010, 13:41, Reply)
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