UK jails schizophrenic for refusal to decrypt files

Eugen Leitl eugen at leitl.org
Tue Nov 24 06:17:03 PST 2009


http://www.theregister.co.uk/2009/11/24/ripa_jfl/print.html

UK jails schizophrenic for refusal to decrypt files

Terror squad arrest over model rocket

By Chris Williams

Posted in Law, 24th November 2009 11:36 GMT

Exclusive The first person jailed under draconian UK police powers that
Ministers said were vital to battle terrorism and serious crime has been
identified by The Register as a schizophrenic science hobbyist with no
previous criminal record.

His crime was a persistent refusal to give counter-terrorism police the keys
to decrypt his computer files.

The 33-year-old man, originally from London, is currently held at a secure
mental health unit after being sectioned while serving his sentence at
Winchester Prison.

The Eurostar terminal at St Pancras

In June the man, JFL, who spoke on condition we do not publish his full name,
was sentenced to nine months imprisonment under Part III of the Regulation of
Investigatory Powers Act (RIPA). The powers came into force at the beginning
of October 2007.

JFL told The Register he had scrambled the data on several devices as part of
security measures for his business, a small software company.

He was arrested on 15 September 2008 by officers from the Metropolitan
Police's elite Counter-Terrorism Command (CTC), when entering the UK from
France. Sniffer dogs at Gare du Nord in Paris detected his Estes model rocket
(http://en.wikipedia.org/wiki/Estes_Industries), which was still in its
packaging and did not have an engine.

On arrival at St Pancras, JFL was detained under the Terrorism Act and taken
to Paddington Green police station, a highly secure facility where UK police
hold their most dangerous suspects.

He was returning to the UK for an appointment with customs officials, to
surrender after a missed bail appearance. This separate customs investigation
- since dropped without charges - surrounded a failed attempt to enter
Canada, and JFL missed bail following a move to the Netherlands. This contact
with British authorities was apparently part of CTC's decision to arrest JFL.

While interviewing him, CTC, the unit that in 2006 replaced Special Branch as
the UK's national counter-terror police, also seized more luggage. JFL had
sent packages separately via Fedex to the Camden Lock Holiday Inn, where he
had booked a room.

Throughout several hours of questioning, JFL maintained silence. With a
deep-seated wariness of authorities, he did not trust his interviewers. He
also claims a belief in the right to silence - a belief which would later
allow him to be prosecuted under RIPA Part III.

A full forensic examination found nine nanograms of the high explosive RDX on
his left hand, but JFL was given police bail. His passport was seized,
however.

JFL says he does not know how the RDX, which has has military and civil
applications, came to be on his hand. A result of five nanograms or less is
routinely discounted by forensics and no charges were ever brought over his
result of nine nanograms.

He returned to Paddington Green station as appointed on 2 December, and was
re-arrested for carrying a pocket knife. During the interview CTC officers
told JFL they wanted to examine the encrypted contents of the several hard
drives and USB thumb drives they had seized from his Fedex packages.

Again he maintained silence. Police then warned him they would seek a section
49 notice under RIPA Part III, which gives a suspect a time limit to supply
encryption keys or make target data intelligible. Failure to comply is an
offence under section 53 of the same Part of the Act and carries a sentence
of up to two years imprisonment, and up to five years imprisonment in an
investigation concerning national security.

Following the warning he was bailed again, to reappear on 4 February.

GCHQ, home of NTAC

JFL did not attend the bail date. Instead he moved to Southampton, living in
a series of temporary homes. He says he felt harassed by authority and
helpless against police he believed were determined to pin a crime on him.

His disappearance led to a raid on 7 March this year. Officers bearing
sub-machine guns broke down the door of JFL's flat. He rang local police
before realising CTC had come for him.

At the local Fareham police station he was served with the section 49 notice.
Signed by CTC's Superintendent Bell, it said: "I hereby require you to
disclose a key or any supporting evidence to make the information
intelligible."

JFL maintained his silence throughout the one hour time limit imposed by the
notice. He was charged with ten offences under section 53 of RIPA Part III,
reflecting the multiple passphrases needed to decrypt his various
implementations of PGP Whole Disk Encryption and PGP containers.

The list had been compiled by the National Technical Assistance Centre
(NTAC), part of the intelligence agency GCHQ, which attempts to decipher
encrypted files for intelligence and law enforcement agencies.

In his final police interview, CTC officers suggested JFL's refusal to
decrypt the files or give them his keys would lead to suspicion he was a
terrorist or paedophile.

"There could be child pornography, there could be bomb-making recipes," said
one detective.

"Unless you tell us we're never gonna know... What is anybody gonna think?"

JFL says he maintained his silence because of "the principle - as simple as
that".

He was also charged for his February missed bail appearance and for two
attempts to get a new passport falsely claiming his was lost. He says CTC
told him he would not get the one they had seized back, so he applied for a
new one.

After three months on remand JFL faced trial on 2 June. He pleaded guilty to
all the charges, wrongly believing he would be released that day with an
electronic tag thanks to time served. Instead, taking into account the
passport offences and missed bail, he received a total of 13 months.

Before finishing what would have been a six-and-a-half-month prison term
during September, JFL was sectioned under the Mental Health Act. He now does
not know when he will be released from hospital.

In his judgment, Judge Hetherington accepted JFL was no threat to national
security and noted his outsider lifestyle. "You... wished to involve yourself
in a world which was largely based upon the access to the internet and using
computers and not really interacting with other people in the ordinary
outside world to any great extent," he said.

Steal This Book - 'How to make pipe bombs'

"It is said on your behalf that you lead an existence rather akin to that of
a monk, and that there is nothing sinister in any of this but it is
essentially private matters and you do not see why you should have to
disclose anything to the authorities."

The judgment also took note of JFL's unusual hobbies and interests. He
describes himself as an "amateur scientist" and his Fedex packages contained
lab equipment, putty, devil bangers (which explode with a snap when thrown to
the ground and are sold in joke shops), a metal detector and body armour. He
also had a book on gun manufacture, a book on methamphetamine production and
an encryption textbook. All are available from Amazon.

JFL also had a copy of Steal This Book, Abbie Hoffman's 1970s counter-culture
bestseller. Judge Hetherington described it as "a book that detailed how to
make a pipe bomb".

Images of the evidence haul were sent to the Defence Science and Technology
Laboratory (DSTL), an MoD agency that carries out assessments in explosives
cases. A scientist wrote: "Some of the contents of the luggage could [DSTL's
emphasis] be used for the manufacture of explosives or explosive devices but
none of the items (as far as I could tell from the images) were obviously for
this purpose and, with the exception of the throwdowns [devil bangers] and
model rocket they all appeared to have other non-explosive uses."

Judge Hetherington backed CTC's initial suspicions. Added to the encrypted
files, he said, the luggage made it "understandable in those circumstances
that the various authorities were highly concerned initially as to whether
there was some link to terrorism and a threat to national security".

During sentencing, the judge seemingly confirmed that NTAC staff had been
unsuccessful in their attempts to crack the encrypted files - or had not
bothered trying. "To this day no one really has any idea as to what is
contained in that equipment," he said. One file encrypted using software from
the German firm Steganos was cracked, but investigators found only another
PGP container.

The suspicion of terrorism was dropped long before trial and JFL was
sentenced under RIPA Part III as a general criminal rather than a threat to
national security. Although he admitted guilt, JFL argues he did nobody any
harm and the offences were all related to not cooperating fully with police.

Despite referencing his solitary existence, Judge Hetherington appeared not
to know about JFL's mental health problems and criticised him for not
speaking to authorities.

Jack Straw - 'We knew that terrorists were going to use this"

Abandoning normal court procedures, he said: "It was because I was satisfied
you would not tell the Probation Service anything significant further that I
saw no purpose in obtaining a pre-sentence report which is normally a
prerequisite for someone of no previous convictions who has not previously
received a prison sentence," he said.

Sticking to normal procedure might have helped explain much of JFL's
behaviour in interviews and while on bail. Pre-sentence reports include
mental health records and JFL himself sought psychiatric treatment once
before, while a computer science student.

His given reason for not cooperating with CTC - the fact that a section 49
notice overrides the right to silence - echoes the original debate over RIPA
and encryption. When the law was drafted at the end of the last decade it
sparked protests from civil liberties groups and security experts.

In September 2001, shortly after his stint as Home Secretary, when he had
introduced RIPA, Jack Straw took to the airwaves to defend the powers.

"It was government trying to put in place increased powers so that we could
preserve and sustain our democracy against this new kind of threat," he said
in a Radio 4 interview.

"We needed to take powers so that we could de-encrypt commercially encrypted
e-mails and other communications. Why? Because we knew that terrorists were
going to use this."

News that the first person jailed for the offence of not talking in a police
interview has been judged no threat to national security and suffers from a
mental condition associated with paranoia and a fear of authorities is
unlikely to win RIPA Part III new supporters.

It will also be news to at least the part of government that administers the
justice system. On 3 November, Claire Ward, a junior Minister in the Ministry
of Justice told Parliament
(http://www.theyworkforyou.com/wrans/?id=2009-11-03c.296657.h&s=ripa#g296657.r0):
"Up to the end of 2007 (latest available) there have been no persons reported
to the Ministry of Justice as being cautioned, prosecuted or convicted under
section 53 of the Act in England and Wales.

"The government are satisfied that offences set in RIPA are appropriate and
that the legislation is being used effectively".





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