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New but not improved:a critical examination of revisions to the Regulation of Investigatory Powers Act 2000 encryption provisions

Chatterjee, Bela Bonita (2011) New but not improved:a critical examination of revisions to the Regulation of Investigatory Powers Act 2000 encryption provisions. International Journal of Law and Information Technology, 19 (3). pp. 264-284.

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Abstract

Considering the criminal uses of encryption, it has been asserted that national security and law enforcement endeavours must not be frustrated by potential evidence being hidden through digital encryption while the encryption key is withheld. The facilitation of state access to encryption keys through the Regulation of Investigatory Powers Act 2000 (‘RIPA 2000’) was intended to address precisely such a danger. However, since this statute’s enactment there have been significant shifts in law and policy relating to terrorism and child pornography as well as important technological developments. This article critically examines changes to the RIPA 2000 encryption provisions made by the Terrorism Act 2006 and the Policing and Crime Act 2009. It also considers emerging statistical data and cases including R v S(F) [2008]. It concludes that the underlying premises of the revised provisions are flawed, the provisions themselves ineffectual in practice and in the longer term potentially open to ‘mission creep’ to cover lesser offences.

Item Type: Article
Journal or Publication Title: International Journal of Law and Information Technology
Uncontrolled Keywords: child pornography ; encryption ; Regulation of Investigatory Powers Act 2000 ; Policing and Crime Act 2009 ; R v S(F) [2008] EWCA Crim 2177 ; Terrorism Act 2006 ; terrorism
Subjects: K Law
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 49493
Deposited By: ep_importer_pure
Deposited On: 17 Aug 2011 11:13
Refereed?: Yes
Published?: Published
Last Modified: 15 Nov 2012 16:25
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/49493

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