[HN Gopher] UK proposal to criminalize "sophisticated encrypted ...
       ___________________________________________________________________
        
       UK proposal to criminalize "sophisticated encrypted communication
       devices"
        
       Author : costco
       Score  : 104 points
       Date   : 2023-01-24 21:43 UTC (1 hours ago)
        
 (HTM) web link (assets.publishing.service.gov.uk)
 (TXT) w3m dump (assets.publishing.service.gov.uk)
        
       | Havoc wrote:
       | I can sorta get the where they're going with this on the Encro
       | example given, but that line seems impossible to define.
       | 
       | "Sophisticated encrypted communication devices" is a complete and
       | utter joke in a world where even the memes are https encrypted
        
       | jchw wrote:
       | So basically... computers. That have been either modified, or
       | created, in such a way that they are illegal. They do not
       | actually specify how. The phrasing is "modified and bespoke
       | devices that enable access to platforms [...] where the
       | software/hardware has been developed to anonymise its users and
       | their communications".
       | 
       | Now... of course, we can always trust the good intentions of
       | government bodies and agencies _wink_ but it sounds like by this
       | definition, installing Tor and a couple of apps that use it onto
       | a phone _could_ qualify as a  "sophisticated encrypted
       | communication device."
       | 
       | It seems that in a race to the bottom, the UK government is
       | always a few steps further ahead of their peers.
        
         | facorreia wrote:
         | So... computers running firewall software? Perhaps browsers
         | with TLS support and anonymous mode as well?
        
       | hsbauauvhabzb wrote:
       | Mobile phones are an obviously difficult target to go after (due
       | to the public perception) but what about tor, encrypted Linux
       | systems, or specifically tails?
        
         | hsbauauvhabzb wrote:
         | And to contradict my own point, australia has anti-association
         | rules specifically to deal with known criminals associating to
         | prevent organised crime, to my knowledge this hasn't been
         | abused to infringe on the rights of previously convicted but
         | otherwise legitimate people from associating.
        
       | tptacek wrote:
       | HN is trying to derive axiomatically what this is about, but
       | there's an empirical backstory you want to know about this. Start
       | with this grugq conversation on Twitter from a few months ago:
       | 
       | https://twitter.com/thegrugq/status/1610169123388141568
       | 
       | What this appears to be about is not encrypted messengers but
       | rather particular brands of modded Android phones that are used
       | exclusively for organized crime.
       | 
       | That doesn't mean you should support the proposal, but if you're
       | reading it as "the UK is trying to ban encryption outright",
       | that's not the whole story.
        
         | wmf wrote:
         | This whole story is kind of sad because crimephones don't even
         | provide good security. Either they are easily hacked by the
         | government or they're government honeypots from the beginning.
        
         | costco wrote:
         | From what I have read [no1bc](https://no1bc.com) has been one
         | of the more popular devices after the Sky ECC takedown, and
         | it's basically just an iPhone with their special messaging app
         | installed and an MDM setup to disable a bunch of settings and
         | allow remote wipe. An iPhone is "commercially available" and
         | some of these services even have their apps on the app store.
         | Would that be a sophisticated encrypted communication device?
         | It will be interesting to see what definition they come up with
         | but it seems likely it will include some false positives.
        
         | walrus01 wrote:
         | If anyone wants to start reading on the shady world of
         | organized crime, smuggling, gangsters and such that can be
         | found in Vancouver, BC, google "phantom secure Vancouver".
         | 
         | The well known "phantom secure" custom firmware phones sold
         | years ago for organized crime type people.
         | 
         | https://www.google.com/search?client=firefox-b-d&q=phantom+s...
         | 
         | Then google "Vancouver Canada casino money laundering".
         | 
         | I would think that any sufficiently sophisticated organized
         | crime group _in 2023_ would consider any  "special" secure
         | phone sold with such software to be a honeypot, and either DIY
         | it or come up with some other method. This sort of thing would
         | be purchased by clueless/gullible mid and low level people only
         | now.
        
           | realce wrote:
           | > This sort of thing would be purchased by clueless/gullible
           | mid and low level people only now.
           | 
           | And therefor should actually be subsidized immediately.
        
         | SV_BubbleTime wrote:
         | >"the UK is trying to ban encryption outright", that's not the
         | whole story
         | 
         | It really is though.
         | 
         | They'll always have a good reason to present, and they'll
         | always say it won't go any further.
        
         | endgame wrote:
         | The problem, of course, is that the government can never be
         | trusted to keep within the boundaries they claim they'll set.
         | Metadata retention went through in Australia and the meat
         | inspectors wanted access to it; surveillance in the UK was used
         | to spy on people who left their rubbish bins out; at the height
         | of the pandemic, contact-tracing data (which was promised hand-
         | on-heart to be for public health only) was used by the police
         | for unrelated crimes.
        
         | realce wrote:
         | > but if you're reading it as "the UK is trying to ban
         | encryption outright", that's not the whole story.
         | 
         | But isn't that the whole story? A device produced to securely
         | encrypt data is proposed to be outlawed - if that's a physical
         | device today, it'll be an algorithmic device tomorrow. A law
         | against one effective safe is a law against all effective
         | safes.
         | 
         | Any encryption device is "sophisticated" if it is useful. Maybe
         | we could read it as "UK is trying to ban /useful/ encryption
         | outright"
        
         | nhchris wrote:
         | It's dangerous to assume context and intent when writing a law
         | will limit how that law, once passed, is applied. Because they
         | won't. And there's a lot of "not available commercially"
         | language in there, that makes me think it'll apply to anything
         | you can't buy at a local mall, e.g. a privacy-focused Android
         | fork.
         | 
         | It's also a dangerous step in making the mere act of hiding
         | from the government a crime.
        
         | RajT88 wrote:
         | It's still troublesome as a precedent: Making a particular
         | class of software illegal to be in possession of.
         | 
         | As others have pointed out - once the precedent is in place,
         | what is stopping them from deciding that some other piece of
         | software superficially matches the law close enough that the
         | police will ding you for it? After all, this is policing 101,
         | where they use whatever laws are on the book as leverage for
         | something totally unrelated to the laws they're using.
         | 
         | Having a look at the wording on offer:
         | 
         | - An offence of making, modifying, supplying, offering to
         | supply a specified article where a person has reasonable
         | grounds to suspect that it will be used in any serious crime.
         | 
         | - An offence of possessing any specified article where a person
         | intends or, has reasonable grounds to suspect, that it will be
         | used in any serious crime.
         | 
         | Every time we get new laws like this, we take a step towards
         | the police being able to arrest anyone, for any reason, at any
         | time.
        
           | ben_w wrote:
           | Two things are simultaneously true:
           | 
           | 1. The entire UK economy is dependent on everyone having
           | access to cryptography so good that even Russia can't break
           | it, therefore it is of paramount national interest that
           | everyone does have access to it.
           | 
           | 2. Bad people will use the exact same tech to avoid detection
           | while planning and committing major crimes that have the
           | potential to escalate to the level of undermining the state.
           | 
           | The only way to _prevent_ #2 is to _enforce_ extremely
           | luddite laws that mess up #1.
           | 
           | In reality things get much harder to guess at when
           | pontificating from armchairs, as when you have to account for
           | the fact that the government and police aren't actually
           | trying to _perfectly_ enforce _any_ specific law -- not even
           | the ones we all grew up assuming they  "surely must" fully
           | enforce because they were the worst horrors in the newspapers
           | -- it stops being clear how much any given law is supposed to
           | help nor how much harm it will cause.
        
             | RajT88 wrote:
             | > The only way to prevent #2 is to enforce extremely
             | luddite laws that mess up #1.
             | 
             | That's often how they think, but of course it isn't true.
             | 
             | The FBI has had good success with another route:
             | 
             | https://www.pcmag.com/news/fbi-sold-criminals-fake-
             | encrypted...
             | 
             | Then there's just good old fashioned good police work.
             | Informants. In-person Surveillance. Sting operations.
        
         | loup-vaillant wrote:
         | If a communication device is favoured by criminals, I kinda
         | want in. I mean, we're talking people who have very good
         | reasons to avoid detection, right? Maybe there's something good
         | in those phones?
         | 
         |  _(Not that I would trust the criminal 's supply chain, mind
         | you.)_
        
           | costco wrote:
           | You would think so but most of them have terrible security:
           | 
           | https://threatpost.com/europol-arrests-cracked-sky-
           | ecc/16474...
           | 
           | https://www.wired.com/story/encrochat-phone-police-
           | hacking-e...
           | 
           | https://arstechnica.com/information-
           | technology/2018/11/polic...
           | 
           | https://www.engadget.com/fbi-encrypted-chat-app-anom-
           | crimina...
        
       | cm2187 wrote:
       | > _An offence of making, modifying, supplying, offering to supply
       | a specified article where a person has reasonable grounds to
       | suspect that it will be used in any serious crime._
       | 
       | Looks broad enough to cover any object. I have reasonable ground
       | to suspect that of all the hammers sold in the UK, some will be
       | used to break a window. It would certainly catch exploit
       | toolkits, even if their primary intended use is pen testing. How
       | can you not suspect someone will use it to break in into some
       | system? And VPNs, ISPs, etc.
        
       | rom-antics wrote:
       | HTTPS is pretty sophisticated. Are we going to outlaw Google
       | Chrome next?
        
         | reeckoh wrote:
         | You joke, but until the year 2000, open-source asymmetric
         | encryption such as TLS was export-controlled as a munition
         | under ITAR in the United States.
         | 
         | Apparently the government didn't see much of a problem with
         | that classification until online merchants started wanting to
         | encrypt credit card transactions in the mid-'90s, and the ball
         | was slowly rolled uphill from there.
        
       | vsviridov wrote:
       | Do cellphones qualify? They are very sophisticated and full of
       | encryption...
        
         | Muromec wrote:
         | sophisticated as in "we tried to decipher or wiretap it and
         | failed at both"
        
           | vlovich123 wrote:
           | This presumably would criminalize E2E encryption apps like
           | iMessage, FB, Whatsapp, Signal etc. All of these are popular
           | enough on their own that I don't see how you can reasonably
           | go this approach. We'll find out quickly though about which
           | clients have backdoors based on the exception list.
        
             | jazzyjackson wrote:
             | do any of those services anonymize the social graph?
             | 
             | law enforcement cares less about what people are saying,
             | more about who is talking to who
        
         | varenc wrote:
         | No. They state this quite clearly.
         | 
         | > " _the provisions will not apply to commercially available
         | mobile phones nor the encrypted messaging apps available on
         | them_ "
         | 
         | They say they're going after bespoke devices whose " _user base
         | is assessed to be almost certainly criminal_ ". Of course,
         | that's very open to interpretation.
         | 
         | Also they go on to discuss how simply providing or possessing
         | one of these devices should be crime in itself because of the "
         | _difficulty of identifying legitimate uses for such technology_
         | ". It's the classic "If you're trying to hide something you
         | must be a criminal" approach.
        
           | sokoloff wrote:
           | The legitimate use for such technology is I want my
           | communications to remain private. I get that that is
           | inconvenient for those who might wish to surveil me, but
           | their right to not be inconvenienced is less important than
           | my right to private speech. (I'm speaking from a US
           | perspective here, not a UK one.)
        
         | asow92 wrote:
         | "the provisions will not apply to commercially available mobile
         | phones nor the encrypted messaging apps available on them"
        
           | dilippkumar wrote:
           | So, all you have to do is make these devices be "mobile
           | phones" and "commercially available"?
           | 
           | Is selling a device on Ali Express enough to qualify?
        
             | splatzone wrote:
             | Nathan Fielder would be proud. This policy will be easily
             | avoided by any serious manufacturer of devices like these.
        
             | asow92 wrote:
             | That is a great question.
        
           | smoldesu wrote:
           | Almost enough to undermine your faith in commercially
           | available mobile phone encryption, hm?
        
           | jacooper wrote:
           | GrapheneOS? Its not really commercial is it?
        
         | splatzone wrote:
         | " Sophisticated encrypted communication devices have been used
         | extensively by criminals to facilitate organised crime. We're
         | targeting the modified and bespoke devices that enable access
         | to platforms, similar to Encro Chat, where the software/
         | hardware has been developed to anonymise its users and their
         | communications and its user base is assessed to be almost
         | certainly criminal. Under Option 1 where articles will be
         | specified, we will be targeting those that supply, modify, and
         | possess these bespoke devices; the provisions will not apply to
         | commercially available mobile phones nor the encrypted
         | messaging apps available on them."
         | 
         | Seems to suggest that handsets explicitly made for anonymous
         | encryption could be banned, but not messaging apps on normal
         | phones.
        
           | tobr wrote:
           | How can it possibly matter that the "user base is assessed to
           | be almost certainly criminal"? Like, if you criminalize using
           | such a device, I suppose the whole user base is now criminal.
           | But if they already were and you can prove it, why do you
           | need to criminalize the device as well?
        
             | costco wrote:
             | Here is an example they give:
             | 
             | >The case relates to an alleged conspiracy to transfer cash
             | in excess of PS10m out of the UK.
             | 
             | >A number of defendants were charged with conspiracy to
             | remove criminal property from England and Wales contrary to
             | section 1(1) of the Criminal Law Act 1977. Mr A was a
             | relative of one of the defendants (Mr B). They both lived
             | at the same address. When Mr B was arrested, the officers
             | recovered an encrypted EncroChat telephone which Mr A
             | admitted was his. Another defendant (Mr C) stated that he
             | had been instructed to call Mr A on the EncroChat telephone
             | once he had safely boarded the flight with the cash.
             | 
             | >Mr A denied any knowledge or involvement in any of the
             | criminal activities. Mr A had no legitimate income that
             | would have allowed him to own and maintain such an
             | expensive mobile device.
             | 
             | >Based on available intelligence, the investigating team
             | strongly believed that Mr A had been supplied with the
             | EncroChat telephone by an OCG for the purpose of carrying
             | out conduct in furtherance of the conspiracy. However,
             | investigators were unable to access any data from the
             | telephone due to the device's security features which led
             | to the data automatically deleting after a few days. It was
             | assessed that there was not sufficient evidence to seek to
             | prosecute Mr A under existing offences.
             | 
             | It doesn't really make sense to me though. Presumably the
             | penalty if he were to unlock the phone would have been way
             | higher than the penalty they are going to create for
             | possessing such a device.
        
         | maznu wrote:
         | From the linked PDF:
         | 
         | > "This option would require the drafting of precise
         | definitions of the specific articles, for example a definition
         | of sophisticated encrypted communication devices which does not
         | include all mobile phones."
        
       | dirigeant wrote:
       | Years ago, Turkish government made a law to force companies which
       | develop crypto communication devices to share a copy of keys with
       | government. Few years later, a group leaked call recordings of
       | president and ministers. The same government complained about
       | corruption in the system and power of bad guys. They couldn't
       | accept they were hit by their own gun. in UK, as conservatives
       | screw everything up even with crypto devices, they may not be
       | worried about these kind of leaks.
        
       | rlpb wrote:
       | I think it's important to note that the linked document does say
       | this:
       | 
       | "...the prosecution would need to show that the accused had
       | reasonable grounds to suspect that the article they are making,
       | modifying, supplying, offering to supply or possessing will be
       | used in serious crime."
       | 
       | In other words, they're not proposing to criminalize
       | "sophisticated encryption devices" _except when associated with
       | crime_.
       | 
       | I think the HN headline is misleading by omitting this
       | distinction.
        
       | unity1001 wrote:
       | Much democracy...
        
         | staringback wrote:
         | Elected representatives voting for a bill? Yes you are right
         | that is democracy.
         | 
         | I feel like you wanted a different word for this.
        
           | loup-vaillant wrote:
           | It's only democracy if the _people_ would actually have voted
           | those laws.
           | 
           | We have many, _many_ examples demonstrating without the
           | shadow of a doubt that elected representatives are often a
           | pretty bad proxy for the actual will of the people.
           | 
           | There's a bill in the works right now in France to increase
           | the legal retirement age, that we have excellent reasons to
           | believe over 2/3rd of the population is against. Yet the
           | politicians are very likely to vote it (or something similar)
           | anyway.
           | 
           | Elections don't make a democracy.
        
         | unity1001 wrote:
         | Man... I wonder why people will stop denying/ignoring such
         | criticism like the one in my parent comment and start calling a
         | spade a spade. Police bill, online censorship, and now banning
         | encryption along with all the rest that is happening in the UK.
         | Its going towards a hellhole. Denying reality wont change the
         | reality. It didnt change it during and after the Brexit
         | debacle. It wont change it now. Things will only change when
         | people stop denying reality and take matters into their own
         | hands.
        
           | bbg2401 wrote:
           | The proposal does not seek to simply ban encryption.
           | 
           | > Sophisticated encrypted communication devices have been
           | used extensively by criminals to facilitate organised crime.
           | We're targeting the modified and bespoke devices that enable
           | access to platforms, similar to Encro Chat, where the
           | software/ hardware has been developed to anonymise its users
           | and their communications and its user base is assessed to be
           | almost certainly criminal. Under Option 1 where articles will
           | be specified, we will be targeting those that supply, modify,
           | and possess these bespoke devices; the provisions will not
           | apply to commercially available mobile phones nor the
           | encrypted messaging apps available on them. The proposed
           | offences will seek to tackle those supplying and exploiting
           | these devices in order to carry out serious crimes and will
           | seek to reduce the supply of these devices to serious
           | criminals
        
       | sublinear wrote:
       | These may be incredibly dumb questions, but...
       | 
       | Can someone explain to me how making something illegal actually
       | prevents crime?
       | 
       | Is it really so difficult to prove crimes are being committed
       | without making something illegal?
       | 
       | Why would anyone vote in favor of measures like this?
        
         | loup-vaillant wrote:
         | Something must be done, we are doing something, something has
         | been done.
         | 
         | That's one bias: legislator wielding law to solve every and all
         | problems like they would the proverbial hammer. Reinforced by
         | the fact that they're public figures, surely they can't be
         | caught doing _nothing_?
         | 
         | A second, more pernicious possibility, is to make illegal stuff
         | that is highly correlated with actual crimes, such that law
         | enforcement can now arrest people for innocuous as a substitute
         | for punishing them for the real thing. Think Al Capone being
         | done for because of _taxes_ of all things.
         | 
         | A third, positively alarming possibility, is to facilitate
         | arbitrary arrests. Probably wasn't the intent (it rarely is),
         | but it does give ammunition to future governments or law
         | enforcement, should they need to stifle, silence, or discourage
         | political opposition.
        
           | costco wrote:
           | > A second, more pernicious possibility, is to make illegal
           | stuff that is highly correlated with actual crimes, such that
           | law enforcement can now arrest people for innocuous as a
           | substitute for punishing them for the real thing. Think Al
           | Capone being done for because of taxes of all things.
           | 
           | I think it's mostly this. If you read their example they're
           | basically mad that they couldn't prove that the guy ("Mr A")
           | had a bunch of illegal money.
        
       | nhchris wrote:
       | > Similarly, when individuals are found in possession of such a
       | device, it may not be possible to prove their knowledge or intent
       | to the thresholds required to convict them, despite the
       | difficulty of identifying legitimate uses for such technology.
       | 
       | Privacy is illegitimate, apparently.
       | 
       |  _Think before you post or you may receive a visit from us this
       | weekend. Use the internet safely._
       | 
       | -Glasgow Police,
       | https://twitter.com/GreaterGlasgPol/status/71586727326166220...
        
       | sys32768 wrote:
       | Can't they just criminalize crime and put away the bad guys so
       | that good people can enjoy society?
        
       | asdadsdad wrote:
       | One more from the new, independent Britain =)
        
       | vorpalhex wrote:
       | > Digital files or templates for 3D-printed firearms components
       | 
       | Since freedom of speech is no longer a value of the UK, the
       | population can now be arrested for having files that the
       | government doesn't care for.
       | 
       | Mirroring thingiverse? That's a crime now.
        
       | JumpCrisscross wrote:
       | The title is "Two legislative measures to improve the law
       | enforcement response to serious and organised crime" under the
       | "government consultation" subheading. This is a request for
       | comment. Not an act of Parliament.
        
       | FpUser wrote:
       | >"Home Office"
       | 
       | Is that you Xi?
        
       | raspyberr wrote:
       | I wonder if this applies to GrapheneOS. It's not far off the
       | Encro phone that this is clearly targetting.
        
       | belter wrote:
       | Next step.... UK to criminalize possession of Number Theory,
       | Combinatorics, Probability Theory, Statistical Analysis Math
       | Books. Special temporary licenses will be granted by your local
       | Met Office to be allowed to read on Galois Theory.
        
         | shadowgovt wrote:
         | This reminds me of Charles Stross's "Laundry Files" series,
         | which I frequently recommend to anyone at the intersection of
         | enjoying computers, spy stories, and Lovecraftian horror.
         | 
         | (The first conceit of the story is that there were _two_
         | Church-Turing Theses, and the second one would be so disastrous
         | as public knowledge that it was immediately suppressed by Her
         | Majesty 's Government, known only to a select few and the folks
         | they monitor and handle).
        
         | [deleted]
        
         | gonzo41 wrote:
         | Don't joke, Australian 'luminary' Malcom Turnbull passed a set
         | of stupid laws and said unflinchingly and unironically that,
         | "The laws of mathematics are very commendable, but the only law
         | that applies in Australia is the law of Australia"
         | 
         | Politicians are idiots and the security services will play them
         | like a fiddle.
        
           | Gigachad wrote:
           | Was he an idiot? It's pretty clear that what he indicated was
           | these products/tools would be made illegal, not that he could
           | literally change the laws of math.
        
         | bayindirh wrote:
         | Isn't this ironic? A proposal for criminalization of encryption
         | devices in the country which broke the Enigma device...
         | 
         | From where, to where...
        
           | onei wrote:
           | Well, it would have been much simpler if Britain had banned
           | encrypted communications during WW2 and Germany had
           | cheerfully complied.
        
             | bayindirh wrote:
             | That would be hilarious, indeed. Chaps shall communicate
             | clearly. Makes sense.
        
               | Moissanite wrote:
               | Oi m8 you got a loisence for them there elliptic curves?
        
           | loup-vaillant wrote:
           | Obviously they want to _keep_ breaking that stuff. Worked out
           | in the past, didn 't it?
        
         | eddsh1994 wrote:
         | Cryptography is in the forbidden library Harry
        
         | E2EEd wrote:
         | If that helps to compartment knowledge in order to further UK
         | security, one can expect it, eventually.
         | 
         | Nothing is scarier to me than a distant techno landscape where
         | knowledge in irresponsible or irrational hands can be used for
         | unimaginable horrors. Such extreme measures as censorship of
         | undergrad STEM education would, in such a case, seem appealing
         | to authorities.
         | 
         | Encryption offers table stakes for weaponization of math. I do,
         | however, agree in spirit with your slippery slope arg
        
         | scrlk wrote:
         | Two things to fear: the criminalization of mathematics;
         | secondly, the enforcement of the new regulations being in the
         | hands of the UK's weather service.
         | 
         | https://en.wikipedia.org/wiki/Met_Office
        
           | belter wrote:
           | I was assuming should be the Met Office as they would have
           | the mathematical education :-)))
        
         | CJefferson wrote:
         | You'll be shocked to hear how most countries already ban large
         | pieces of chemistry, and even inappropriate uses of momentum.
        
           | loup-vaillant wrote:
           | The world isn't exactly Texas indeed.
           | 
           | Still... I do hope even Texas bans some of those
           | _inappropriate_ uses of momentum. I do value the
           | electrochemical impulses going on between my fellow meatbags
           | ' ears.
        
           | Moissanite wrote:
           | They'll have to prise my illicit angular momentum from my
           | cold, dead, rapidly rotating fingers.
        
         | mrtksn wrote:
         | Framing it like that doesn't help, when they banned drugs did
         | they banned chemical reactions or the atomic theory or the gas
         | laws?
         | 
         | Obviously the intentions here are not to ban computations but
         | devices doing computations that makes jobs of those people
         | harder.
        
           | loup-vaillant wrote:
           | Computers are a little different than specialised devices
           | like... well, bombs & drugs let's say.
           | 
           | Heard of the coming war on general computation?
           | 
           | https://www.youtube.com/watch?v=HUEvRyemKSg
           | 
           | https://en.wikisource.org/wiki/The_Coming_War_on_General_Com.
           | ..
        
             | mrtksn wrote:
             | People claim things all the time.
             | 
             | It gets old quickly to claim that "they introduced DRM"
             | kind of things as if those things were imposed from the top
             | and didn't happen within the dynamics of the businesses.
        
         | johnklos wrote:
         | That sounds flippant, but it really isn't.
         | 
         | Imagine this: someone doesn't like you and wants to harm you.
         | They plant a USB stick with random data on it on you, or in
         | your home. They call the authorities and tell a story about how
         | you're colluding with terrorists, and the information you've
         | been exchanging with terrorists is somehow in your possession.
         | 
         | The hard part would be to get someone to believe the story
         | enough to get a search warrant, but if you're in a position of
         | authority in the government, this isn't unreasonable.
         | 
         | Now the warrant is executed, your home is searched, and the USB
         | stick is found. The data is examined, and the judge orders you
         | to provide the means to decrypt it. Because you can't, and
         | because the data is indistinguishable from real, encrypted
         | data, the judge orders you held until you provide the keys.
         | 
         | Is this theoretical? No. It really could happen. The UK is a
         | very, very scary place to be if you ever do anything that might
         | piss off someone in power.
        
         | convery wrote:
         | https://en.wikipedia.org/w/index.php?title=Illegal_number
        
       | jb1991 wrote:
       | Well, they didn't want to be part of the European Union, and
       | they're very clearly demonstrating that they are indeed not part
       | of the European Union.
        
       | alphanullmeric wrote:
       | First they came for financial privacy, and I did not speak out -
       | because I did respect care about financial privacy...
        
       | er4hn wrote:
       | > We're targeting the modified and bespoke devices that enable
       | access to platforms, similar to Encro Chat, where the software/
       | hardware has been developed to anonymise its users and their
       | communications and its user base is assessed to be almost
       | certainly criminal. Under Option 1 where articles will be
       | specified, we will be targeting those that supply, modify, and
       | possess these bespoke devices; the provisions will not apply to
       | commercially available mobile phones nor the encrypted messaging
       | apps available on them. The proposed offences will seek to tackle
       | those supplying and exploiting these devices in order to carry
       | out serious crimes and will seek to reduce the supply of these
       | devices to serious criminals.
       | 
       | The paper makes it sound like the intent is to target services
       | that are advertised as being used for crime. While that is a
       | judgement call, I do appreciate that standard devices / standard
       | apps are not being targeted.
       | 
       | On it's surface it seems pretty straightforward. If you are
       | advertising "Crime Talk as a Service", you'll probably be
       | investigated and this gives a clear policy decision. If you are
       | advertising "Anonymous chats away from nosy spouses" the police
       | will have to do a _smidge_ more legwork to build a case.
        
         | chipgap98 wrote:
         | >that is a judgement call
         | 
         | I think this is the critical point though. It leaves a lot of
         | room to criminalize any type of encrypted communication device
        
         | mthomasmw wrote:
         | Make me a hammer that only works on nails
        
         | stuaxo wrote:
         | The laws are never written so that they only target specific
         | things.
         | 
         | Examples in the UK are many, you can go back 20-30 years when
         | CCTV and surveillance started, powers aimed at "serious"
         | things, resulting in local councils buying night vision goggles
         | to make sure people are using the right bins.
        
       | lifeplusplus wrote:
       | I always felt US was most authoritative govt amongst the
       | democratic countries, now I feel that spot is being taken either
       | by UK or Australian govts.
        
         | costco wrote:
         | The US put the operator of a service called PhantomSecure in
         | jail after he expressed willingness to sell phones to an
         | undercover pretending to represent a drug cartel. A Canadian
         | who started a similar service after PhantomSecure was shut down
         | is also currently wanted by the US
         | https://storage.courtlistener.com/recap/gov.uscourts.casd.70...
         | despite there seemingly being very limited evidence he was
         | aware of criminal activity on his platform.
        
       | dvh wrote:
       | Is Vernam cypher sophisticated?
        
       | shadowgovt wrote:
       | Does that mean I can still use Pig Latin?
        
       | chatmasta wrote:
       | It's a yearly tradition in the UK to propose some draconian law
       | that will be the end of the internet. And yet the policies
       | generally remain unimplemented. Is there some systemic pattern
       | that explains this trend?
        
         | stuaxo wrote:
         | People that understand the implications are still in some
         | places and put the brakes on.
        
         | stranded22 wrote:
         | This time around, we have a party that is able to push through
         | laws as they have 1) 80 majority and 2) no qualms about hiding
         | their facist ways.
        
         | splatzone wrote:
         | I reckon it's the dire quality of our elected politicians. UK
         | politicians don't try to understand technology, and they feel
         | entitled to dismiss expert opinion whenever it will win them
         | public favour, hence the disaster with Covid lockdowns.
        
         | dijit wrote:
         | they keep trying, public outrage keeps it from being viewed by
         | our ruling class as anything other than political suicide.
         | 
         | These policies will get implemented as soon as we are sick of
         | being outraged.
        
         | kneebonian wrote:
         | Everytime there is an uproar to fight it again, so they wait
         | and try again a year later.
         | 
         | They aren't giving up, they are just waiting as they "only have
         | to get lucky once"
         | 
         | Meanwhile those who recognize the issue instead must live by
         | the maximum "Eternal vigilance is the price of liberty"
        
           | JoshTriplett wrote:
           | The only way to stop having to constantly fight this issue is
           | to manage to swing things back further _back_ , to have
           | backlash in the direction of "no and stop asking", or if
           | necessary, "no, and your smoking crater will be a warning to
           | the next person to try".
           | 
           | We _should_ be in a world where  "I want to ban encryption"
           | results in "Of course not, and your career in politics is now
           | over". We _should_ be in a world where  "I want to ban
           | encryption" results in "No, in fact here are a bunch of laws
           | enshrining the right to encryption and privacy". We _should_
           | be in a world where everyone building encryption technologies
           | is building it in a fashion not just resistant to but
           | _actively hostile_ to any ability to control or backdoor it.
        
         | Lio wrote:
         | I always wonder if it's a _" look at this crazy law we might
         | pass and definitely don't look at the money we're stealing from
         | the NHS or the tax we forgot to pay or the_ "loans" _we 've
         | been given in exchange for plush jobs and peerages"_ kind of
         | deal.
        
         | TillE wrote:
         | They tried for years to implement a bizarre law that would
         | impose onerous age verification systems on porn sites, but do
         | nothing about porn on Twitter or Reddit or whatever. Just total
         | ineffectual nonsense, whatever you think about the principle.
         | 
         | I think they finally gave that one up.
        
       | jjice wrote:
       | I'm terrified that one of these many proposals that come up from
       | time to time by ignorant politicians will get through because of
       | other ignorant politicians and scare campaigns. These are all too
       | common.
        
       | amatecha wrote:
       | The suggestions appear to refer to some custom-tailored software
       | made specifically for organized crime purposes, the example given
       | being EncroChat[0]. Stuff like Signal, Telegram, Tor or whatever
       | are not included in this proposal.
       | 
       | > the provisions will not apply to commercially available mobile
       | phones nor the encrypted messaging apps available on them
       | 
       | That said, I'm never a fan of any outlawing of encryption of any
       | kind, so I do hope people in the respective jurisdictions voice
       | their disagreement. I also imagine that what starts as "just
       | criminal-focused services" will quickly expand to more popular
       | stuff.
       | 
       | [0] https://en.wikipedia.org/wiki/EncroChat
        
         | hanniabu wrote:
         | > Stuff like Signal, Telegram, Tor or whatever are not included
         | in this proposal.
         | 
         | Yet...
        
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