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BACKLASH Legal Advice upon arrest (25)

Ritualistic's profile

Replies

26 Dec 08, 10:24 AM
MasterOfMe
UK(WD), 6 yrs

Bi_sub wrote:

Just out of curiosity what do they mean by extreme?

Well that's part of the problem...no-one really knows for sure, not even them...

29 Dec 08, 11:53 AM
mealan24
UK(LL), 3 yrs
I must admit that being new to the whole scene I am not as up to date on all of this as many of you are. Does the new legislation cover items you may have on your pc prior to it's comming into force and does this mean that ALL BDSM related items need to be deleted now?

Does anyone know, for example, if extreme means photo's that many have on here regarding spanking etc or is that acceptable but more serious play isn't?

Any advice would be greatly appreciated as having only just started looking into the scene I would not wish to get into any trouble for it

Just out of curiosity what do they mean by extreme?

[/quote]

Well that's part of the problem...no-one really knows for sure, not even them...

[/quote]

31 Dec 08, 6:50 PM
Canis_Major
UK(LU), 3 yrs
The guide doesn't mention anything about whether the police can demand that an arrested person reveal the passwords for any cryptographic software the person uses.

Regardless of whether the police have this power or not, avoiding prosecution under the new law is as simple as installing Truecrypt on your computer.

2 Jan 09, 2:41 AM
ropeboyuk
UK(CR), 8 yrs

Edited 27 May 11, 12:17 AM by ropeboyuk

3 Jan 09, 9:43 PM
Canis_Major
UK(LU), 3 yrs
ropeboyuk wrote:
Part II of RIPA[/url] makes it an offence not to hand over your password when the police formally ask for it. The maximum sentence is 2 years.

Those clever photographers have already solved precisely this problem. Truecrypt employees a "plausible deniability” facility.

Briefly, you can encrypt an area of your hard drive. Encrypted files in this area are indistinguishable from empty space, which means you can divide the area into two - one area for files that you want to hide, and one area for files which you don't mind revealing.

If you are forced to reveal a password to any second party - the police, for example - you can simply reveal the password which decrypts the files you don't mind revealing. There is no way* for the police to know whether the rest of your hard drive is empty space or not. This is what "plausible deniability" means.

Naturally there is no illegal material of any kind on my computer, but any of my fellow thought-criminals who have problems setting up the software are welcome to ask me for technical advice. Ropeboy's warning to consult a solicitor and not to listen to what the internets say is also good advice.

*(Unless they can install key-logging software on your computer without your knowledge).

Edited 3 Jan 09, 9:45 PM by Canis_Major

5 Jan 09, 8:45 PM
The_Big_Bear
UK(DL), 4 yrs

Ritualistic wrote:
COMPUTER EVIDENCE

The police may require computer information to be produced in a form that allows them to remove it. The police have limited rights to photograph or copy any document or other article they have the power to seize.

This includes seizing or copying computers, internal hard-drives, portable-drives, CDs, DVDs or other storage devices.

Sorry if I'm being a bit 'thick' here, but I find this section a bit confusing.

Firstly, what exactly are the 'limited rights' the police have?

Secondly, in the phrase 'This includes .. .. ', what does the word 'This' refer to, the police being allowed to remove, or the limitation on their rights?

"I'm just about at breaking point", she snapped!

6 Jan 09, 5:43 PM
johnsf
US, 3 yrs
One important factor about "posession" of images etc on a computer is whether the images could have been placed there by somebody else.

For example other family members, IT staff in your company with admin access, people coming in to your computer due to a trojan, or of course contamination by strangers entering your house, or by logging in (possibly bypassing WEP security) over wifi into your computer or server etc..

In addition, it would be very feasible for somebody to upload a USB stick, SD card etc. into a laptop by mistake etc.

Therefore it is critical that if an arrest leads to a search you are sure that you are present during the search, and th eway that any computer is connected to teh internet or easily accessible to others etc is recorded at the time in case it is relied on later during defence.

The presence of files on computers does not necessarily mean they were put there by the user or even that the user was aware they were there.

7 Jan 09, 11:06 AM
Laird_snide1
UK, 5 yrs
Fidelio9 wrote:
Arbuthnot - I do not agree with your comments about "no comment". Adverse inferences are drawn, defence case statements can be read out in court and often are. In addition we practitioners often feared that juries looked disfavourably in the old days on a no-comment interview despite a judge´s instructions.

This is a very complicated area and one where we cannot offer legal advice in a forum. My two-cents are that legal aid lawyers are increasingly overworked and if you can afford a good lawyer on privates fees it is worth the money in the long run.

rather the just a no comment answer..say *no comment on the advice of my solicitor*, thats if he has advised a * no comment* answer to the questions. And even answer * no comment on the advice of my solicitor* if they say what a nice jumper you are wearing. After all thats what he is there for, to advise, and later you can make a statement, and if asked about the * no comments* you say you did it under legal advice.

7 Jan 09, 11:18 PM
BowJest
UK(SS), 7 yrs

ive been on the other side of the interview desk,,and nothing is more frustrating than the being interviewed saying nothing,,,so stick to the name rank number line a demand a duty brief as soon as you get to the station. when they give you a copy of PACE, read it from word one dont be hassled to 'urry up'. take your time and admitt nothing untill you the brief arrives.
9 Jan 09, 12:17 PM
DanSpielma
UK, 8 yrs
If a PC is used to view material stored on a pendrive, without that material ever being moved or copied to the PC, can the contents be later detected on the PC after the removal of the pendrive?

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