[Bradford] U.K. Court, in David Miranda Case, Rules Terrorism Act Violates Fundamental Rights of Free Press

Thu Jan 21 15:52:51 UTC 2016

On Thu, Jan 21, 2016 at 2:31 PM, Stephane Urdy <stephane.urdy at yourprog.com>
wrote:

> Hi Nick,
>
> I agree on some points and disagree on other, I believe the choice of
> technology chosen to either protect your privacy or hide something
> considered today unlawful [it might change tomorrow] is not specifically
> bound to the Gnu/Linux system.
>

I think it's out of order to make implications of criminality on public
lists

I care about the security of my release signing private key because it's
been used to sign hundreds of open source releases installed on millions of
machine and is deeply embedded into the FOSS WOT. The security of millions
of Linux users world wide depend on people caring enough to secure private
keys like mine. I know there are Linux system admins with keying data also
of great importance to them. I think it's important that people understand
more widely how they can take steps to secure data like this using Linux.

>
> Spying and espionage existed prior to the invention of the Gnu/Linux
> system, in fact you can even find it in The Holy Bible:
> https://en.wikipedia.org/wiki/The_Twelve_Spies
>
> More recently,
> I don't recall people complaining about being arrested or interrogated at
> an airport because they had a Linux sticker on their laptop.
>

On private lists, I've never been ridiculed or doubted (it might have
helped that a couple of senior blue chip folks had flown back with me)

BradLUGs always seem to me such an open community ready to share ideas and
experiences about technology. This is the first time I've written in depth
about this on a public list, and after being greeted by hostility, laughter
and ridicule I can see why people don't seem to complain in public.

> Imagine people taking a plane going to Linux or coding conventions ahahaha
> Otherwise every one with an Android phone would become suspect !
>

The law allows arbitrary detention at UK borders. Anyone who is detained is
by definition not a suspect.

Suspects have rights and must be either arrested or released quickly.

> Also, I was never asked to start my Linux devices in an airport.
>

Well, jolly good for you :-)

People are detained at UK borders in their thousands (according to the
government). That most people don't understand the law makes it tough to
talk about.

And I'll shut up about this now. I only spoke up because people have
expressed interest in the past.

Robert
 Hi,

>
> This is a related topic. The documents in question were from Edward
> Snowden, whistleblowing on the USA and friends spying activities of which
> some have been ruled illegal. As 99% was technology based this is relevant
> as it brings into question our ability to be able to report on systems used
> for spying and illegal data collection activities.
> We need to discuss these topics, moral and rights of how we should and
> shouldn't use technology and this includes talking about software licences,
> investigation and discovery of electronic devices for personal and research
> purposes (such as finding bugs and alternative uses). If we don't we will
> never bring into question the people and organisations we trust to look
> after us and be able to highlight any oversight or misjudgement or worst
> case blantant misuse of technology.
>
> Cheers Nick
>
> On 21 Jan 2016, at 12:12, Stephane Urdy < <stephane.urdy at yourprog.com>
> stephane.urdy at yourprog.com> wrote:
>
> Hi Chaps,
>
> These are interesting topics.
> Maybe I am wrong, but I thought this was a Linux related mailing list ?
>
> Kind regards,
>
> Stephane
>
> On 21/01/16 11:51, Robert Burrell Donkin wrote:
>
> Today's it's spun as European Human Rights. Yesterday it would have been
> spun as the great tradition of British Press Freedom. Take your pick.
>
> At the expense of ruining a good story, the judgement (as opposed to the
> spin) upholds the government's actions but notes that the law is poorly
> drafted.
>
> During detention, there is no statuary mechanism for the detainee to admit
> that they have privileged original documents in their possession and to ask
> for a magistrate able to seal them to the court. This is both unreasonable
> and inequitable.
>
> The way these things are usually done are to obtain the services of a
> lawyer who arranges for them to be declared at customs. No one in the civil
> service seems to have considered that anyone would be stupid enough to
> attempt to smuggle original legal documents through 'nothing to declare'.
>
> My moral - don't play at being a spy. The British taking spying far too
> seriously, and are better at it than most. Detention is nothing much to be
> worried about. The time to worry is when the professional spooks invite you
> politely to leave through the special private exit (before customs,
> detention ot who have legally entered the country). During the troubles, if
> you knew where the door was, you could see them taking away folk out from
> Leeds-Bradford whose records would say they'd never boarded the plane in
> Ireland.
>
> For what it's worth, if you ever want to get documents out of the country
> without the British spying on you, just ask a frenemy to ship them FedEx.
> That's US of A, and they take care of their own.
>
> Robert
>
> On Wed, Jan 20, 2016 at 10:40 AM, Brian A < <bradlug at hackroyd.org.uk>
> bradlug at hackroyd.org.uk> wrote:
>
>> U.K. Court, in David Miranda Case, Rules Terrorism Act Violates
>> Fundamental Rights of Free Press
>>
>> As a background, for those who have forgotten/not followed this: David
>> Miranda is the partner of Guardian journalist Glenn Greenwald who interview
>> Ed Snowden in Hong Kong.
>>
>> It is interesting to note that this case was won because of the
>> protection of the European Convention of Human Rights. As I understand it
>> Cameron wants us out of European Human Rights - so where would that leave
>> us!
>>
>> UK Court Rules Terrorism Act Violates Fundamental Rights of Free Press
>> <https://theintercept.com/2016/01/19/miranda-appeal-uk-terrorism-fundamental-rights-violated/>
>>
>>
>> [image: image]
>> <https://theintercept.com/2016/01/19/miranda-appeal-uk-terrorism-fundamental-rights-violated/>
>>
>>
>>
>>
>>
>> UK Court Rules Terrorism Act Violates Fundamental Rights...
>> <https://theintercept.com/2016/01/19/miranda-appeal-uk-terrorism-fundamental-rights-violated/>
>> The court ruled that the UK's laws breach rights in case involving
>> seizure of documents from the partner of Intercept co-founder Glenn
>> Greenwald.
>>
>> View on theintercept.com
>> <https://theintercept.com/2016/01/19/miranda-appeal-uk-terrorism-fundamental-rights-violated/>
>> Preview by Yahoo
>>
>>
>>
>> Brian
>>
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>>
>>
>
>
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>
> --
>
> Cheers,
>
> Stephane
>
> Nulld1g1t Blog:http://www.yourprog.com
>
> Nulld1g1t Youtube channel:http://www.youtube.com/user/nulld1g1t
>
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>
> --
>
> Cheers,
>
> Stephane
>
> Nulld1g1t Blog:http://www.yourprog.com
>
> Nulld1g1t Youtube channel:http://www.youtube.com/user/nulld1g1t
>
>
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