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The full text of the judgement is at [1]. An interesting read. Apart from the political and human-rights implications, what I find most interesting is how the
by andyjohnson0 13y ago
The full text of the judgement is at [1]. An interesting read.
Apart from the political and human-rights implications, what I find most interesting is how the police knew what Miranda was actually carrying. Paragraph 11 of the judgement quotes a police document (written before Minranda was stopped) justifying his detention:
"We strongly assess that MIRANDA is carrying items
which will assist in GREENWALD releasing more of the NSA
and GCHQ material we judge to be in GREENWALD’s
possession. Open source research details the relationship
between POITRAS, GREENWALD and SNOWDEN which
corroborates our assessment as to the likelihood that
GREENWALD has access to the protectively marked material
SNOWDEN possesses. Our main objectives against David
MIRANDA are to understand the nature of any material he is
carrying, mitigate the risks to national security that this material
poses..."
Which reads like supposition to me. Based on open source research? Please.
Later, in paragraph 13:
"The claimant’s hand luggage was examined, and items retained which as I
have said included encrypted storage devices. Mr Oliver Robbins, Deputy National
Security Adviser for Intelligence, Security and Resilience in the Cabinet Office,
indicates in his first witness statement (paragraph 6) that the encrypted data contained
in the external hard drive taken from the claimant contains approximately 58,000
highly classified UK intelligence documents."
Which is a very definite statement. Either it's based on guesswork, in which case the best that could be said is that it is merely an opinion, or else they broke the encryption (TrueCrypt?). I can't find anything in the facts section of the judgement to indicate that Miranda disclosed what he was carrying, or surrendered passwords.
[1] http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/miranda-v-sofshd.pdf http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgment... [PDF]