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RIPA trumps proof & only requires prosecutorial assertion. Under RIPA there is no presumption of innocence. Unbelievable yet sadly true. [Edit] -- disagree?
by deepnet 11y ago
RIPA trumps proof & only requires prosecutorial assertion.
Under RIPA there is no presumption of innocence.
Unbelievable yet sadly true.
[Edit] -- disagree? Well so far this has been how it has played out in practice - if you disagree I challenge you to show me where proof was presented in the other three cases ?
It is requirement by court order, one is then held in contempt of court - it is entirely up to the judge - no jury involved.
We shall see whether any proof is offered, none is in the court filing, though they assert exactly what each file contains:
https://www.documentcloud.org/documents/2781972-Lauri-Love-case-directions-April-2016.html https://www.documentcloud.org/documents/2781972-Lauri-Love-c...
Or we won't see because this is a secret trial - as the article and court filing state !
- deepnet 11y agoYup reading the law clearly show the only proof is the prosecution states the contents and date as they do in the filing. The filing contains what they call proof, I believe it better characterised as an assertion. No jury, just a judge decides if Lauri goes to jail and the only thing that can prevent it is if he proves the contrary. Ever try and prove a negative ? Decryption showing no file won't necessarily be sufficient, as the document could still be on a double decrypt in the salt. They want named documents, the defendant gives them up or goes to jail. Interesting to note one of the documents is "pirate" movies. (The court filing literally says "pirate", wtf does that even mean). Suppose the movie was crap and he deleted it. IMHO RIPA 49 is a travesty should not be legal. Quite possibly isn't, we shall see when it gets to the human rights court - though if I had to put money on it the govt. knows its dodgy and won't let it go that far.
- deepnet 11y agoCan no longer edit this but sjy is correct , they accuse and accused denies it they get a jury trial : http://www.bbc.co.uk/news/uk-25745989 http://www.bbc.co.uk/news/uk-25745989 Luton terrorist forced to decrypt USB stick by RIPA.