Snowden journo's boyfriend 'had crypto key for thumb-drive files written down' - cops Journalists and their associates involved in the Edward Snowden NSA leaks affair followed almost unbelievably poor security practices while handling top-secret government files, according to a statement made in court by a British official today. The hearing was looking into the case of David Miranda, the partner of journalist …
It's possible that the Guardian were so useless they had the password written down. But it's stretching things a little - that's incompetence of comic proportions.
I've a theory to offer: The investigators actually got the password through another channel, one of dubious legality. Perhaps they have phone and email monitoring operations on everyone who works for the Guardian (I would be very surprised if they do not) or even bugs in the offices, or maybe someone on the inside leaking details, or perhaps GCHQ were able to use some advanced cryptoanalytics magic to find the key left behind in the swap file. However they got it, they don't want to admit how - so the 'password on a postit' line is just a lie made up to give a plausible explanation for how the investigators got that password, thus protecting the secrecy of whatever cloak-and-dagger operations they have going on. It even has the added bonus of making the Guardian look like a bunch of idiots.
Or the documents found might just be a plant, and he wasn't really carrying anything at all. At this point I think we've demonstrated that both US and UK governments are more than willing to outright lie to the public and frequently violate their own laws - planting evidence isn't that much of a leap. Being able to threaten Miranda with jail time could be a way to apply pressure to Greenwald. He may already have recieved the deniable communication: 'One way or another your boyfriend is going to jail for a few months - but if you publish any more documents, we'll see to it that he is locked up for five years before he so much as sees a trial, and thirty more after that.'
Wild speculation is quite acceptable here because we now know that government *lies* - even more so than was previously thought.
What does the UK charge him with? These files were not taken from any UK system, or within the UK, may not even be UK material, so I'm not sure how they can prosecute. They can try some vague thing about making terrorism easier but a jury (not abolished yet despite the obvious danger to NATIONAL SECURITY) might have the cheek to boot the case out the courtroom window. Which might be why they didn't arrest him after their nine hours of intimidation. After all the defence can claim, that since the alledgedly dangerous material was never a state secret, the prosecution can't refuse to disclose it
"What does the UK charge him with?...." If he is in possession of material covered by the Official Secrets Act, regardless of how they came to be in his possession, then he is in breach of that law.
"....These files were not taken from any UK system, or within the UK, may not even be UK material, so I'm not sure how they can prosecute...." Go read the relevant Act, it matters not one jot how the material was stolen, just that you have it in your possession and are not authorised to have it in your possession. If you show intent to distribute it that makes it worse.
"....They can try some vague thing about making terrorism...." The terrorism angle was simply used to stop him, it will be the OSA used to prosecute. They could go the extra mile in court and, if they can show that Miranda and co knew the material would be of interest to terrorists and still distributed it, charge them with material support of terrorism, but they don't need to when they can go to town with the OSA charges.
"....Which might be why they didn't arrest him after their nine hours...." I would suggest that the volume of documentation meant they simply hadn't processed enough to charge Miranda with inside the nine hours, so they let him go whilst still examining the data. It seems they ahve found plenty since as they are preparing a criminal case.
I thought if you wanted to send crypto keys secretly you used the old Greek system:
1. Shave head (of slave in Greek case, but hey, anyone will do)
2. Tattoo the key onto scalp (maybe just a permanent marker would do in this day and age)
3. Wait a week or two for hair to grow.
4. Off you go. Searches find nothing
5. Get to other end, shave head, et voila.
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