J. M. Porup reports:
At a court hearing earlier this month, the UK’s National Crime Authority (NCA) demanded that Lauri Love, a British computer scientist who allegedly broke into US government networks and caused “millions of dollars in damage,” decrypt his laptop and other devices impounded by the NCA in 2013, leading some experts to warn that a decision in the government’s favor could set a worrisome precedent for journalists and whistleblowers.
Arrested in 2013 for the alleged intrusions but subsequently released, Love was re-arrested in 2015 and is currently fighting extradition to the United States. He has so far refused to comply with a Section 49 RIPA notice to decrypt the devices, a refusal that carries potential jail time. However, British authorities have not charged Love with any crime, leading him to counter-sue in civil court for the return of his devices.
Read more on Ars Technica.
I think Love’s lawyer, Ekeland, is exactly right in what he told Ars and that any evidence the UK would obtain would be handed on a silver platter to the U.S. for our government’s prosecution of Love.
The government has the evidence in hand. They have made as many duplicate copies of these devices as possible. he can sue for his property back, but in the end, it really does not matter. They are forcing his hand to cooperate in a judicial sort of way. They know he would fight any extradition leaving him to accrue a lot of lawyer fees and time in court. His name will be smeared over the internet showing potential ties with activities that at best – are not trustworthy.
Even though he may walk away from all of this, the potential end result is basically the same. He’ll be watched, his property will probably never be deemed safe. If there is a technology out there that can compromise an encrypted drive and eventually pass the key/password/pass phrase back to the feds, it will be doomsday for him.
Not allowing them to see what the electronic personal property has on it should show that he MAY have something to hide. It is very hard to strike a deal with the feds on allowing them to search a device and only take what is worded on the search warrant, right down to the very specific words. He is probably crowing his innocence through a privacy rant, looking for attention and news coverage. If he is completely innocent he should have given up all his info and then may have a leg to stand on when it comes to a suit. But as the mud continues to be collected by him, his chances of coming clean of this stench is pretty low.
The government will get their way with clients who refuse to cooperate. Sure, they may have won the war in the courts – this time, but the tar, feathers, bad reputation and serious debt will linger for white some time.