back to article Brit broke anti-terror law by refusing to cough up passwords to cops

Muhammad Rabbani, international director of human-rights non-profit CAGE, was today convicted under UK anti-terror law for refusing to unlock his iPhone and laptop for police when entering the country. Rabbani, 36, was found guilty at Westminster magistrates’ court of willful obstruction under Schedule 7 paragraph 18(1)(c) of …

    1. Anonymous Coward
      Anonymous Coward

      Re: So what would have been the case

      If he'd dumped all his content, encrypted, in the cloud and committed the URL to memory?

      That's something one would and should consider going to a repressive police state - something along the lines of Iran, North Korea[*], Russia, or the United States. But the do-goody, soft, and cuddly blighty? We live and we learn.

      [*] May be pointless for this one though - unless you cross the border by submarine, norks'll confiscate your phone and everything else that looks likes comms equipment. To be fair, they do return the stuff when you leave ...

      1. Alan Brown Silver badge

        Re: So what would have been the case

        "To be fair, they do return the stuff when you leave ..."

        After having it the hands of a hostile government entity, would you trust it to NOT have some unwanted passengers onboard?

        In such a case the only sensible option would be to drop it in a bin before you leave the airport.

    2. JohnSmith2589

      Re: So what would have been the case

      If I'm ever going to the UK, this is what I would do: Upload everything to MEGA and then logout. When you're at the hotel or whatever you log back into MEGA and download everything. The border police won't ask you for your MEGA password, they don't get paid enough for that. And even if they do, just say you haven't made an account yet.

      1. IT Poser

        Re: The border police won't ask you for your MEGA password,

        What is MEGA?

        What do you mean I should know? Let me have my computer, I need to Ask Jeeves.

  1. Anonymous Coward
    Anonymous Coward

    Damn it, 1984 was not a How To Guide!

    Stop treating it as your fucking ToDo list of shit to accomplish!

    1. Martin-73 Silver badge

      Re: Damn it, 1984 was not a How To Guide!

      to be fair, it WAS based in britain. Mr E Blair was quite good at understanding his government's ideals

    2. Justin Case
      Headmaster

      Re: Damn it, 1984 was not a How To Guide!

      It's about time people stopped using this line.

      I think I first spotted a variant of it last century. It ain't original and its utterance marks you out as a failed wannabe wag.

      1. MyffyW Silver badge

        Re: Damn it, 1984 was not a How To Guide!

        You will note that the appendix "The Principles of Newspeak" is written, in Oldspeak, in the past tense.

        Even the most authoritarian of regimes will not endure.

        1. Arthur the cat Silver badge

          Re: Damn it, 1984 was not a How To Guide!

          Even the most authoritarian of regimes will not endure.

          To quote CS Lewis:

          “Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”

          Few, if any, in Westminster are there because they wish to be despots. The great majority are there because they wish to serve, but once inside the Westminster bubble they lose track of mundane reality(*) and their idea of serving becomes protecting an abstract "the people" from an abstract "the enemy", which regrettably must be done by temporarily restricting a few freedoms for the greater good. Those freedoms will, of course, be restored as soon as possible after the problem is solved.

          (*) I've seen this happen to someone I used to be close to. It's not pretty but every step on the way they were convinced they were doing the right thing.

          1. Cynic_999

            Re: Damn it, 1984 was not a How To Guide!

            "

            Those freedoms will, of course, be restored as soon as possible after the problem is solved.

            "

            Yes. In the same way that the imposition of income tax on the general population was a temporary measure needed to finance the Napoleonic war, which the people were promised would be rescinded as soon as that cost had been covered ...

      2. Mr Humbug

        I am confused

        Try this one:

        The government wants Huxley's Brave New World, is actually building Orwell's 1984, but will end up creating 2000AD's Mega City One

  2. robbie rob

    Since when has "you have the right to remain silent" = "you are a terrorist" ???

    What the hell?

    Seriously, privacy seems to be under increasing pressure. Why? If the judge thinks privacy is no longer "allowed", then perhaps the judge can publish their credit card details online, and we can see what happens next. Hmm?

    Never. Gonna. Happen.

    Because there is one set of rules for them, and another set for everyone else. Total BS.

    And not to want to dig too deeply, but has it occurred to anyone that the only reason he was targeted this time was at the request of another power to get a hold of the information he obtained overseas? I would not have thought it possible in this age of democracy that our own government would oppress a traveler and inflict yet greater degrees of profiling. It beggars belief.

    1. Anonymous Coward
      Anonymous Coward

      Belief beggared and beyond.

      " ... It beggars belief."

      Unfortunately, it does not and hasn't for a number of years. !!!

      In the never ending 'Fight against Terror' (tm) privacy and rights are somewhat fluid.

      [In the sense of water running down a drain and once gone never seen again !!!]

      The 'Great Unwashed' are being conditioned to give away their privacy daily and this means that less and less people will care.

      This is not even really about protecting sources etc but about the loss of the right to privacy when you have NOT committed any crime or wrongdoing.

      Guilt/Innocence is a factor that is not of concern anymore, just whether you have something that certain powers want !!!

      1984 is looking like a desirable paradigm to stop at as we are trying to exceed the definition each day more and more.

      All Governments regardless of 'flavour' are grabing more and more power/rights to exploit their own citizens.

      Terrorists WILL eventually be defeated even if by no other method than the original instigators of the flawed Ideas/Teachings etc simply die and the fervour is dissapated by time.

      Governments on the other hand simply 'roll on' and what has 'always been' continues Year to Year/Political Term to Political Term.

      Few Governments target reducing their powers as the norm.

      Don't worry though ..... with President Trump & Kim Jung Un (AKA 'Little Rocket Man') we may have other things to be concerned about in the shorter term. !!!

      1. M man

        Re: Belief beggared and beyond.

        Elon musk suggest no law should ever have an eternal term.

        I thought thats stupid...

        Now im not so sure..

    2. Crisp

      Re: Since when has "you have the right to remain silent" = "you are a terrorist"

      "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence." - Criminal Justice and Public Order Act

      You haven't had the right to silence since 1994. You don't have to speak, but you'll be considered guilty if you don't.

      1. Anonymous Coward
        Anonymous Coward

        Re: Since when has "you have the right to remain silent" = "you are a terrorist"

        1794 ?

      2. Unoriginal Handle

        Re: Since when has "you have the right to remain silent" = "you are a terrorist"

        "You haven't had the right to silence since 1994. You don't have to speak, but you'll be considered guilty if you don't."

        Not quite. You still have the right to remain silent. But if you go "no comment" in an interview then drag something up in court which you knew but didn't mention during or after the interview, the court can infer adverse things from it.

        You will be considered innocent, in the court's eyes, unless there is evidence beyond reasonable doubt that you are guilty. And it's the police service's job to find that evidence, not yours to provide evidence of innocence.

        That said, I do think in the case referred to in the article that it's stretching things to suspect the gent involved of terrorism when apparently all he's done is to interview someone with potential evidence of US involvement in torture, in a similar manner to David Miranda's detention some years ago at Heathrow.

      3. Anonymous Coward
        Anonymous Coward

        Re: Since when has "you have the right to remain silent" = "you are a terrorist"

        Not many people know this, but you can decline a police interrogation. PACE prohibits them dragging you to the interrogation room (and most likely holding cell.)

        So unless they bring the interrogation to you with a tape recorder and actually question you, adverse inference doesn't apply. This was established in the case of R vs. Hind (2005).

    3. CanadianMacFan

      It's not the judge's fault

      I don't know why you are so upset at the judges. They are stuck in what their actions. They apply the rules of law that were written by the politicians. The only way that a judge can overturn a law is if one side, usually the defence, makes an argument that the law in question violates a right or freedom or breaks another law. It doesn't sound like that's how the defence argued the case this time so the law still stands. The judge is unable to do research on their own on matters unrelated to evidence not presented in the case.

      You should be directing your anger towards the politicians who created the law in the first place and those who have failed to repeal it.

      1. Yet Another Anonymous coward Silver badge

        Re: It's not the judge's fault

        So what happens if every judge stands up and says - "I refuse to try a case with such an obviously bad law"?

        Do they all go to the camps, or are we saving that for after we get rid of the ECHR?

        1. Cynic_999

          Re: It's not the judge's fault

          "

          So what happens if every judge stands up and says - "I refuse to try a case with such an obviously bad law"?

          "

          Then that judge would be excused and another judge who *is* prepared to apply the law is substituted. It would be a bad thing because eventually all the reasonable judges would be forced to resign, leaving only the hard-liner establishment lackeys.

          The correct and legal way for a judge to show that s/he disagrees with the law would be to find the defendant guilty as required, but then impose a ridiculously lenient sentence - e.g. a conditional or absolute discharge. No doubt the prosecution would then appeal the sentence (which will take a while, by which time the defendant may well have left the country).

          However a *jury* can decide that the law is wrong and refuse to convict no matter what the evidence. The only way that could be prevented is to not allow jury trials.

          1. Alan Brown Silver badge

            Re: It's not the judge's fault

            "a *jury* can decide that the law is wrong and refuse to convict no matter what the evidence. The only way that could be prevented is to not allow jury trials."

            Which is effectively the case in the trial at hand - no jury.

      2. cantankerous swineherd

        Re: It's not the judge's fault

        the magistrate is spineless or malign. sec 7 is for investigation of terrorism. at no time has this guy been accused of terrorism, therefore he doesn't have to comply. police state bullying, plenty more where this came from.

    4. Voland's right hand Silver badge

      "you have the right to remain silent"

      Who told you you have it in the UK?

      UK does not have fundamental rights and more specifically presumption of innocence and right to not self-incriminate.

      It is a side effect of UK being the only other country besides Saudi Arabia which does not have a proper written constitution. Parliament is sovereign and shall not be bound. As a result when the governing party decides to sneak yet another erosion of rights into law books there is nothing there to stop it except the EUCHR and EUHR convention. You now know why Josephina Vissarionovna May is so desperate to get us out of it. By the way, a UK Bill of Rights is not a replacement, because it will be amended and eroded the same way the original Bill of Rights was amended over the years. Via "Parliament is Sovereign and shall not be bound".

      1. Paul Kinsler

        UK [...] does not have a proper written constitution.

        I'm not sure NZ can claim a "proper written constitution" either, based on this url:

        https://www.lawsociety.org.nz/lawtalk/lawtalk-archives/issue-890/towards-a-written-constitution-for-new-zealand

        Excerpt: "the New Zealand constitution was located in 45 acts of Parliament (including six very old English acts), 12 international treaties, nine areas of common law, eight constitutional conventions, three and a half executive orders, one prerogative instrument, one legislative instrument and half a judicial instrument."

        1. Alan Brown Silver badge

          Re: UK [...] does not have a proper written constitution.

          "I'm not sure NZ can claim a "proper written constitution" either,"

          It can't.

          The NZ constitution act(1986 one, not the 1852 one) was debated, modified, voted and passed, but not put into law before the parliamentary session ended for the year. It was supposed to be one of the first items on the agenda at the next parliamentary session.

          Guess which bill mysteriously disappeared from the "put into law" TODO pile during that hiatus when it was realised that many things the NZ government and police do routinely would no longer be legal.

          http://www.legislation.govt.nz/act/public/1986/0114/latest/DLM94204.html

      2. Anonymous Coward
        Anonymous Coward

        "Who told you you have it in the UK?"

        Remaining silent is a double-edged sword.

        If the police are on a "fishing expedition" then they need you to answer questions to give them something they can portray as "evidence" of involvement in a crime - or to incriminate the main subjects of their investigation.

        If you are innocent - and the police have nothing they can claim as solid evidence for a charge - then a solicitor may advise you to remain silent.

        However if they have apparently solid evidence that you can refute then it may be best to do so. A relatively recent law change allows a court to take a dim view of your later refutation at a trial.

      3. Nicko

        Saudi Arabia has a constitution (of sorts): See https://en.wikipedia.org/wiki/Basic_Law_of_Saudi_Arabia

        The UK has the laws of Tort, which are basically a historical record of judgments which act as precedent in protecting individual rights.

        Several other democratic countries follow suit: New Zealand, Canada & Israel.

    5. julian_n

      What - you mean like David Miranda?

      Nah - couldn't happen.

    6. Oh Homer
      Terminator

      Re: 'Since when has "you have the right to remain silent" = "you are a terrorist"'

      Since Tony Blair introduced a series of increasingly totalitarian Terrorism Acts that essentially revoked the Right to Silence.

      Unfortunately, as you may be shocked to discover, the UK (and, in passing, the US) has quite literally been a Police State for at least the past two decades.

  3. Anonymous Coward
    Anonymous Coward

    Profiling is the last resort of the coward

    A pox on all their houses.

  4. Curtis

    Just make the password "fuckoffyoubloodywankers" - you get to insult the plod while providing them the exact password, which they'll never try because you just gave it to them.

    1. Anonymous Coward
      Mushroom

      or

      "SetTimeToLaunchTo1800Minutes!"

      See....secure password.

  5. Anonymous Coward
    Anonymous Coward

    This is the CAGE that defends the rights of terrorists like Jihadi John and others, so any scrutiny they get is fine by me.

    1. Yet Another Anonymous coward Silver badge

      Jihadi Johny being one of the London Rubber Company's less successful branding efforts

    2. Anonymous Coward
      Anonymous Coward

      This is the CAGE that defends the rights of terrorists like Jihadi John and others, so any scrutiny they get is fine by me.

      And so we inevitably reach the point in this discussion where the Niemöller's poem must be recited:

      Als die Nazis die Kommunisten holten, habe ich geschwiegen; ich war ja kein Kommunist.

      Als sie die Sozialdemokraten einsperrten, habe ich geschwiegen; ich war ja kein Sozialdemokrat.

      Als sie die Gewerkschafter holten, habe ich nicht protestiert; ich war ja kein Gewerkschafter.

      Als sie die Juden holten, habe ich geschwiegen; ich war ja kein Jude.

      Als sie mich holten, gab es keinen mehr, der protestieren konnte.

      Either everybody has a right to due process, privacy, and enjoyment of life - or nobody does. It's that simple; so make your choice, but remember that one day it might be about you.

      1. Bloodbeastterror

        Martin Niemöller

        @AC - you beat me to it...

        For those who don't read German, because it's an important quotation:

        https://www.ushmm.org/wlc/en/article.php?ModuleId=10007392

        First they came for the Socialists, and I did not speak out —

        because I was not a Socialist.

        Then they came for the Trade Unionists, and I did not speak out —

        because I was not a Trade Unionist.

        Then they came for the Jews, and I did not speak out —

        because I was not a Jew.

        Then they came for me — and there was no one left to speak for me.

        1. codejunky Silver badge

          Re: Martin Niemöller

          @ Bloodbeastterror

          The problem is this isnt just a government problem. Apparently no-platforming is ok now in the UK, I thought this was just a US problem. Rights and freedoms have been removed considerably for a while with labels replacing thought. We have had this teaching of how not to think in schools for a while now and just look at the intolerance and tribalism for brexit or elections with actions being worth less than labels.

          Our perception so skewed that we are part of a war on terror. I urge anyone to look up steve hughes war on terror if you want to know why it is so insanely daft. It justifies anything.

          What worries me is that it doesnt matter which side of the political spectrum you are on the intolerance of other views is intolerance plain and simple no matter how it is justified. Unfortunately I find pointing this out causes labels of 'far right' by those intolerant of other views.

          People are unfortunately coming around to the idea that it is ok to actively support coming after people under certain labels as long as the person agrees that label is intolerable.

    3. Voland's right hand Silver badge

      This is the CAGE that defends the rights of terrorists like Jihadi John

      Even if he was the late Bearded Wanker Johnny himself, this does not free us from the obligation to apply due process and the list of various rights (which do not exist in Britain anyway[*]) such as presumption of innocence, right not to self incriminate, etc. This is what makes us fundamentally different from Bearded Wanker Johnny and his mates. By the way do not even get me started on his extra-judicial termination without an appropriate death penalty in absentia being served onto him by court.

      [*]The only concept of fundamental right in English law comes from the EUHR convention. There is NO other right which is considered fundamental and irrevocable - something which "Parliament is Sovereign and Shall Not Be Bound" has proven by amending the original Bill of Rights of 1689 until there is nothing left of it. Reading it is a very educational experience for anyone claiming that UK has a stable legal system and a rule of law.

      1. Alan Brown Silver badge

        "The only concept of fundamental right in English law comes from the EUHR convention."

        And the ironic part about THAT is that whilst comrade May raves on about european control over UK laws, the EUHR was _written_ by the UK government at the end of WW2.

    4. PhilDin

      Scrutiny might be warranted and prudent but assuming that Jihadi John is a British citizen, he should have the same rights as any other British citizen. Defending someone's rights means telling the organs of the state to obey the law and this is good for everyone, including the organs of the state.

      If Jihadi John accidentally stabs himself multiple times whilst shaving then I won't feel bad for him but I don't want members of the security services thinking they are entitled to break the law to punish him. If CAGE keeps them honest that's a good thing.

      Just to be a bit pious, here's a favourite quote of mine:

      "And when the last law was down, and the Devil turned around on you--where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast--man's laws, not God's--and if you cut them down...d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake.”

      Thomas More

      1. not.known@this.address

        "Scrutiny might be warranted and prudent but assuming that Jihadi John is a British citizen, he should have the same rights as any other British citizen."

        Last time I checked, murdering people and inciting racial and/or religious hatred are against British law so Jihadi John and his cronies have chosen to ignore the protections said laws offer other people. And if they think the law doesn't protect others then they should not expect the rest of us to let them hide behind those same laws. Either the protection exists or it does not.

        Jihadi John and his "friends" think it is acceptable to kill people just for disagreeing with them, so by the "same rights" logic it is more than acceptable that they should be targeted with extreme prejudice too...

        "Do unto others as you would have them do unto you" and all that.

  6. scrubber

    Send him back where he comes from...

    "He comes from London."

    Exactly.

    1. Anonymous Coward
      Anonymous Coward

      Re: Send him back where he comes from...

      you cruel bastard!

  7. scrubber
    Big Brother

    Cardinal Richelieu

    Why not just pass a law making not writing a full confession illegal?

    1. Joe Werner Silver badge

      Re: Cardinal Richelieu

      They are getting there, aren't they?

  8. Anonymous Coward
    Anonymous Coward

    Copy the real (encrypted) data into the cloud

    Then download an image prepared for border transit. Encrypted with the password "fuckoffyoupigs" that you will happily provide. Containing a huge messy directory structure and a million small files, all of which contain a few keywords that will trigger their automated tools and flag them for human assessment. They'll say stuff like "sorry there's nothing about ISIS, Al Qaeda or bombs in this file, but here's my favorite cookie recipe".

    Bonus points if you hack the directory structure to create loops and other traps designed to crash their forensic tools, so they have to dig through 100 directory deep structures manually!

    Perhaps an open source crowdsourcing effort could help create such an image so we don't all have to go to so much effort to create our own.

    1. julian_n

      Re: Copy the real (encrypted) data into the cloud

      42.zip may have an interesting effect.

      1. Sir Runcible Spoon

        Re: Copy the real (encrypted) data into the cloud

        When creating your dummy image, ensure to associate common file-types with explorer.exe

        Also, use KeePass and keep the database file in the cloud or at home (where they would need a warrant to get it) or basically somewhere where you have to phone someone to access it for you to give you the extremely long and impossible to remember password.

  9. Anonymous Coward
    Anonymous Coward

    a "calculated risk" in not providing passcodes to the police

    "The importance of passwords and privacy cannot be overstated in the 21st century". Fuck that.

    "He was also of good character" Fuck that too.

    Essentially: "If we don't like what you do, but can't find ANYTHING on you, we can always use THIS little useful law that we created and approved ourselves!

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