I was recently considering the news that the first incareration under Part III of the Regulation of Investigatory Powers Act (RIPA) had occurred. Yes, in case you haven’t heard, or are from the U.S. In the U.K. we do not have a right to refuse to provide potentially self-incriminating evidence. Under RIPA decryption keys can be demanded by the Police in any criminal investigation, refusal can lead to punitive incarceration of up to two years alleged crime other than anything related to terrorism, which would result in up to five years in jail. An unusual law that only seems to encourage rubber-hose crytoanalysis by the Police Service, in this example police officers allegedly said,
“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?”
Clearly an attempt to coerce the suspect into releasing decryption keys. In this case the key was relating to Hard Disk Drives ETC., but it also seems to be a law that could be applied to content encryption mechanisms, such as PGP or GnuPG.
Now this is where things start to get a little sticky. HDD encryption is self-contained, in that unlike typical E-Mail or Voice encryption, we are not sharing a portion of the key material with anyone else, it’s limited by a physical boundary. Yet with E-Mail encryption this boundary does not exist, because it needs to work over a public network.
A sender will need to encrypt a message meant for a recipient with their public key, in order for the recipient (and hopefully only the recipient) to be able to decrypt the message with their private key. So in order to facilitate confidentiality, integrity and authenticity most users of PGP / GnuPG will make their public-keys available, on web-sites, on Facebook, or on key-servers… Can you see where this is leading? I wonder, how easy it would be for some nefarious sort to target a specific recipient with an e-mail encrypted with their public key (so only the private key can be used to decrypt it) implicating them in a crime via the subject heading, as the subject is not typically encrypted, and carbon-copying the nearest Police Service.
Better still, if such a person is going to do this, why would they not get more return for their time by searching the various key servers for all submitted keys for those in the United Kingdom, and then send a variation of the e-mail to them, carbon-copying the Police Service again. I wonder how many people would submit to relinquishing their keys in this case, compared to those that had either lost the keys, or refused to relinquish the keys. As Bruce Schneier states:
But if you’re guilty of something that can only be proved by the decrypted data, you might be better off refusing to divulge the key (and facing the maximum five-year penalty the statue provides) instead of being convicted for whatever more serious charge you’re actually guilty of.
There is of course the issue that assurance of identity is not provided through this form of e-mail encryption, so so one could simply register keys in other peoples names, and then perform the attack against them. This implies that they have the corresponding private key, which — of course — they don’t, because it’s probably the first they’ve heard of e-mail encryption. This could also be seen as a refusal to relinquish decryption keys. A similar demonstration / protest was made when the law was originally being bandied about.
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