Reply to post:

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Has a case about being forced to hand over passwords been before this court yet?

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Yes, with convictions and jail. It is worth knowing the legislation before you hand over your passwords to the police. The police do *not* have the power to simply demand your passwords and charge you with a crime if you refuse to give them. The police must apply to the Home Office for permission to demand your passwords, and if permission is granted you will be issued with a signed written demand that specifies exactly what material you must supply the means to decrypt, and will give you a reasonable time (at least a week) to reply. If you get such a demand, always get it scrutinised by a lawyer who specialises in RIPA legislation to ensure that it meets all the legal requirements (the police have been known to issue their own written demands pretending that they are the official demand).

The police have also frightened people into revealing their passwords by citing RIPA and stating that the suspect will be convicted of a crime if he does not comply. In fact the Home Office are very aware that the legislation is highly contentious, and various groups keep track of how often it is used and with what results. If it is used too often on people who are found *not* to have broken the law there will be strong pressure to remove that law because it is being used unnecessarily, and so the Home Office do not grant permission lightly - the police must provide enough evidence to satisfy the Home Office that the data is highly likely to expose serious criminal activity. Your reply to a police officer who threatens to use RIPA if you do not voluntarily give up your password should be the same as the reply to a police officer who threatens to get a search warrant if you do not voluntarily let him into your home. "Fine, go ahead and carry out your threat, and I will comply as soon as you have got the required permission."