6 months in prison for refusing to hand over a password

vbimport

#1

We’ve just posted the following news: 6 months in prison for refusing to hand over a password[newsimage]http://static.myce.com//images_posts/2012/03/encryption.jpeg[/newsimage]

22 year old Christopher Wilson was sentenced to 6 months coercive detention for refusing to reveal his password. The court sees this as a threat to national security

            Read the full article here: [http://www.myce.com/news/6-months-in-prison-for-refusing-to-hand-over-a-password-72203](http://www.myce.com/news/6-months-in-prison-for-refusing-to-hand-over-a-password-72203)

            Please note that the reactions from the complete site will be synched below.

#2

In the US he would have Constitutional protection.
First with “Free Speech” which is also the right not to speak.
Even here courts think they have a right to bypass that with a “contempt of court” charge.
I haven’t seen this argued under “free speech” but it should be.
Silence is it’s own form of “free speech”.
On a second right is the right not to “self incriminate”.
That puts the burden on the government to prove their case without the help or even cooperation of the accused.

In the UK & maybe just England “Free Speech” is almost dead.
So probably not something Christopher Wilson’s barrister could argue.
This is an example of this:
[B] [/B] Paul Weston - Arrested for quoting Winston Churchill .[/B]
I always thought Churchill is considered to be a hero in England. ( In the US too).
I can’t imagine that in the US for quoting anyone much less a former President.
Which I think is comparable.
This is the YouTube about Paul Weston. Some may find it offensive .
Don’t click the link if you don’t want to hear it.


#3

If you don’t want political discussions in the forums, why post news like this which is bait for such discussions? :confused:


#4

I’m not sure I would have chosen “bait” but certainly an invitation for some political discussion.
How does one comment on a political topic without it being “political discussion” ?

DrageMester’s post is somewhat of an exception . In that it comments on a political thread “baiting” (inviting) political discussion . With the only comment on the subject of the thread being “news like this”.


#5

The only problem I see was this from previous case.

but it was not possible to actually link him to these mails and prosecution was eventually dropped.

And how was it national security is the part we don’t see or get? Or is the Bill of Rights no longer in effect? Even News reporters are being forced to give up their Sources as alot of news as we been seeing lately. The Patriot Act is just a farse for NSA whom has been already spying on everyone and yet they have no accountability for their action so far that I can see. So for us to go after him but not after NSA for spying on our Allies and then US Nationals is just a farce as far as I can see. And I see a serious case of “Double Jeopardy” but since it didn’t go to court they will still try him on the old case which I see is also a phishing expedition again this is the problem with US currently. Can’t find it go on a phishing expedition to get what you want. That is the problem currently this is coming across to alot of people lately.


#6

@ coolcolors , I did make a comparison to US law but the case is in the UK .
That means that means the Bill of Rights in the US Constitution or any US law has no bearing in the UK. Although some of the federal courts have used decisions by foreign courts as precedents for US rulings. Something IMO they should be imprisoned for doing.
US courts should make decisions based only on US laws.
Courts in other nations should make decisions based only on their laws.


#7

“thank god” this will be never ever possible in germany. :smiley:


#8

I hope you will be right chef. And due to the fact that Great Britain is part of the EU, I would think that his chances shouldn’t be too bad if he fights this court order at the European Court of Human Rights


#9

If Germany beats Argentina there wont be any laws, the courts will be so backed up from people gone wild , they wont have time for small stuff like this for years to come. LOL.:D;):bigsmile:


#10

The UK seems to have lost it’s way on the liberty front these days, the right to not incriminate is a doctrine of our law which should hold in this case but you are correct on the free speech laws are severely lacking and with all the shit that happens in the USA will probably stat that way.


#11

Good for him I say, being bullied by the general authorities in the UK is what we have to put up with these days. All in the name of national security, or being a miscreant of some kind. Yeah, all us Brits a bad Guys, that’s why the Brit is always the baddie in American TV crime series. :wink: I don’t know, us damn limeys :smiley:
It takes balls to time for not giving in. AFAIK we don’t even have the right to silence any more, keep quiet and you are assumed guilty. The balance of fairness has long gone here.
Anyway,what does “Liberty” mean?


#12

I applaud both of these men for standing up to the government for what they believe.
I would ask them for a definition of “Liberty” .
I remember some Brits’ being good guys in TV & movies . Sherlock Holmes the Basil Rathbone episodes & James Bond .
One reason there are many cast as the “baddie” by Hollywood these days is so many actors are from the UK . You can’t throw a rock there without hitting one.


#13

I don’t have a lot of sympathy for the guy. He was going out of his way to be a menace for a good long while, and finally did something that would stick in court.

I’m no saint, but I’m not running online scams and harassing the government, either. Not that most of the assholes in government do not deserve a bullet to the head.

That said, I would not support the charges for not giving up the password. Doing so assists the state’s prosecution; it is, by definition, self-incrimination.

My feeling is that it is entirely up to the state to crack the encryption, if they can, without any help from the defendant.


#14

[QUOTE=teh roxxors;2731711]I don’t have a lot of sympathy for the guy. He was going out of his way to be a menace for a good long while, and finally did something that would stick in court.

I’m no saint, but I’m not running online scams and harassing the government, either. Not that most of the assholes in government do not deserve a bullet to the head.

That said, I would not support the charges for not giving up the password. Doing so assists the state’s prosecution; it is, by definition, self-incrimination.

My feeling is that it is entirely up to the state to crack the encryption, if they can, without any help from the defendant.[/QUOTE]

Considering the NSA track record of spying on US people. I doubt the US courts are any betters. @ teh roxxors - Also since you don’t know all the details about the case I wouldn’t make details one doesn’t have information for. Also FBI and NSA on latest leak spied on a US Citizen working for them in the NSA according to Snowden how bad can one be to get spied on when Security cleared to work for NSA??? That is so low…it’s not funny…


#15

Clearly, someone in England needs to start paying more attention to what people are charged for. This episode makes it seem like someone seeks nothing more than to fill as many cells as possible, as opposed to achieving justice for actual crimes. “We don’t know what’s on this Facebook user’s computer, therefore he’s a threat to national security. Let’s take advantage of this and fill one more cell.” I do hope people start rioting over this, as only a ridiculously angry mob can prevent such atrocities in the future.

Personally, I think the real reason why this is happening is because he encouraged people to insult dead law enforcers. This is nothing more than payback. How dare he think he could get away with [I]using[/I] free speech. He can’t be a threat against national security, since there is nothing to secure the nation against it’s own government. You can’t threaten something that doesn’t exist. He may as well be threatening to kill those living in British-controlled Mars colonies.

BTW, although I’ve never read these posts or (supposed) cyber attack warnings, I can’t say I would likely agree with them. However, I do 100% agree with Christopher’s right to say what he wants, when he wants, where he wants, how he wants, and above all [I]if[/I] he wants, and who he wants to speak to.


#16

[QUOTE=cholla;2731692]I applaud both of these men for standing up to the government for what they believe.
I would ask them for a definition of “Liberty” .[/QUOTE]

AMEN To that.

That government maggots have TO SERVE to the citizens!
No exception, no excuse, no simple sneakout.
It’s just disgusting to see how they act these days without being punished. :-X