4 ms·
> This law isn't actually as draconian as it sounds: the prosecutors must prove to a very high standard that you do actually know the key, and haven't really fo
by jellicle 11y ago
> This law isn't actually as draconian as it sounds: the prosecutors must prove to a very high standard that you do actually know the key, and haven't really forgotten.
Not really, no. If the prosecution can show that the defendant EVER had or knew the key, the burden is then on the defendant to prove that they do not currently have or know the key. That's the framework set up by RIPA. Proving you do not have or know something is quite difficult. If it has been 50 years since last use and you currently have advanced Alzheimer's, you should be in good shape. Otherwise, the argument that the dog ate your homework, um I mean the encryption key, is not likely to be taken seriously.