Man imprisoned for not giving police password.

[TW]Fox · 6 Oct 2010 at 23:54

Energize said:
There are a lot of non illegal activities that could make someone choose to go to prison under RIPA than being discovered doing though.

Like what? Even if it turns out to be a feature length HD video of him dressing up in womens clothes its not as if the police would have slapped it on youtube for the lulz had they discovered this, is it?

How many of you guys actually beleive he's totally innocent and is refusing to hand over his password for purely noble reasons?

Vonhelmet · 6 Oct 2010 at 23:54

Evilsod said:
What exactly happens after the 16 weeks jail sentence? Its not as if they have the means to crack it in that time so do they just send him back for another 16 weeks till he hands it over?

No, he can't be tried for the crime of refusing the encryption key a second time.

They'll keep his PC, he'll go free.

If they push, they might be able to get restrictions placed on his ownership and use of computers, but most probably not.

Vonhelmet · 6 Oct 2010 at 23:57

Energize said:
There are a lot of non illegal activities that could make someone choose to go to prison under RIPA than being discovered doing though.

Hence why I said he has something to hide, rather than that he has something illegal to hide.

[TW]Fox;17524559 said:
Like what?

How many of you guys actually beleive he's totally innocent and is refusing to hand over his password for purely noble reasons?

He could have secrets that he doesn't want to get out. Anything that a person might be more ashamed of than of being in prison for 16 weeks. I can't think of much, but then I'm not sitting on a computer full of gay porn or whatever.

But no, I'm quite sure he is afraid that there would be legal repercussions if he gave up the key.

Evilsod · 7 Oct 2010 at 00:04

vonhelmet said:
No, he can't be tried for the crime of refusing the encryption key a second time.

They'll keep his PC, he'll go free.

If they push, they might be able to get restrictions placed on his ownership and use of computers, but most probably not.

Isn't it technically a win-win for him then? He could possibly argue that they only need his HD drives so he could recover the rest (unlikely i'll admit) but if he IS guilty of possessing child porn he's effectively got a get out of jail free card. If he isn't guilty of it but does have other illegal things on his pc, get out of jail/massive fine card. If he isn't guilty of anything at all (more unlikely than getting his pc back) then he's a pillock but then you've got to wonder how the whole situation came about in the first place. Its not a conviction so even if the public will act like an ass, professionally they would have to ignore it or he could sue them i imagine.

It does just sound like any idiot can ring up anonymously and finger someone as a pedo and even if you aren't found guilty its already too late thanks to the media.

Duff-Man · 7 Oct 2010 at 00:06

[TW]Fox;17524559 said:
How many of you guys actually beleive he's totally innocent and is refusing to hand over his password for purely noble reasons?

But that's pretty much irrelevant...

1. We do not have anywhere near "all the facts". We have only the broad brushstrokes that are reported in the media.

2. Our legal system is set up to convict someone only if it is beyond all reasonable doubt that they are guilty of a crime. If you cannot access the information to determine what crime they are guilty of, then you cannot convict them of the crime.

It does not matter what we, or anyone else short of a jury, believes.

Energize · 7 Oct 2010 at 00:06

[TW]Fox;17524559 said:
Like what? Even if it turns out to be a feature length HD video of him dressing up in womens clothes its not as if the police would have slapped it on youtube for the lulz had they discovered this, is it?

Gay porn?
Secret confessions?
Bestiality?
Who knows?

It's impossible to generalise because it depends on any individuals state of mind.

gambitt · 7 Oct 2010 at 00:06

As has been said, could be nekkid pics of his 17 year old girlfriend. Then he's told his solicitor who has advised him that giving up the key will result in x years in prison plus sex offenders register etc. Or he can chose to do 16 weeks (probably serve 8) for a lesser crime in prison and more or less be done with it.

I know it doesn't hold any relevence in the eyes of the law but the guy is barely an adult. At 19 even if he does have nekkid pics of his 17 year old girlfriend then he's not a paedophile in my eyes.

Vonhelmet · 7 Oct 2010 at 00:09

gambitt said:
I know it doesn't hold any relevence in the eyes of the law but the guy is barely an adult. At 19 even if he does have nekkid pics of his 17 year old girlfriend then he's not a paedophile in my eyes.

19->17 fine.
19->7 not fine.

Jono8 · 7 Oct 2010 at 00:10

gambitt said:
As has been said, could be nekkid pics of his 17 year old girlfriend. Then he's told his solicitor who has advised him that giving up the key will result in x years in prison plus sex offenders register etc. Or he can chose to do 16 weeks (probably serve 8) for a lesser crime in prison and more or less be done with it.

I know it doesn't hold any relevence in the eyes of the law but the guy is barely an adult. At 19 even if he does have nekkid pics of his 17 year old girlfriend then he's not a paedophile in my eyes.

Ofcourse he wouldnt be if that were the case :confused:

.

I very much doubt they are interested in a 19 year old lad having pictures of 16 or 17 year old girls on his hard drive. I would imagine that whoever they suspect he has pictures of, is considerably younger.

Tefal · 7 Oct 2010 at 00:12

Jono8 said:
I very much doubt they are interested in a 19 year old lad having pictures of 16 or 17 year old girls on his hard drive.

Still illegal though.

gambitt · 7 Oct 2010 at 00:14

What about that whole "you must provide the birth certificate for this girl" thing then? What is the law on this? I'm 28, am I allowed to have nekkid pics of 17 year olds on my PC?

Evilsod · 7 Oct 2010 at 00:15

Duff-Man said:
It does not matter what we, or anyone else short of a jury, believes.

In a perfect world sure. But just because the jury doesn't prosecute you doesn't mean the public won't persecute you. End of the day everyone decides based on what the media publishes and they always bias it to 1 side. Not enough people think outside of that to matter.

Jono8 · 7 Oct 2010 at 00:15

Tefal said:
Still illegal though.

How

they would both be above the age of consent and if his 17 year old girlfriend had indeed let him take and keep pictures of her then how is that illegal :confused:

Tefal · 7 Oct 2010 at 00:15

gambitt said:
What about that whole "you must provide the birth certificate for this girl" thing then? What is the law on this? I'm 28, am I allowed to have nekkid pics of 17 year olds on my PC?

No as if she's under 18 it's under-age pornography, same as if she was 15 , 5 or 3.

Ironic of course 2 16 year olds can have sex but if they film it they could both be charged and sentenced with producing under-age pornography.

Tefal · 7 Oct 2010 at 00:16

Jono8 said:
How

they would both be above the age of consent and if his 17 year old girlfriend had indeed let him take and keep pictures of her then how is that illegal

You have to be 18 to consent to do porn.

Some girl got done for producing and distributing child porn for taking and send a topless pic of her self to her bf a while back iirc.

Jono8 · 7 Oct 2010 at 00:18

Tefal said:
You have to be 18 to consent to do porn.

Some girl got done for producing and distributing child porn for taking and send a topless pic of her self to her bf a while back iirc.

I see

Seems a bit silly to me.

I still very much doubt the police are interested in this guy because they suspect him of having pictures of 17 year olds though..

Evilsod · 7 Oct 2010 at 00:19

This is a world where the americans believe you should be aloud to legally wield a gun before you are legally aloud to drink a beer... or does it help to get some target practice in before you get blind drunk?

Tefal · 7 Oct 2010 at 00:20

ah found the American one but i was sure there was one here too

http://www.msnbc.msn.com/id/28679588/

In an unusual legal case arising from the increasingly popular practice known as “sexting,” six Pennsylvania high school students are facing child pornography charges after three teenage girls allegedly took nude or semi-nude photos of themselves and shared them with male classmates via their cell phones.

The female students at Greensburg Salem High School in Greensburg, Pa., all 14- or 15-years-old, face charges of manufacturing, disseminating or possessing child pornography while the boys, who are 16 and 17, face charges of possession

Tefal · 7 Oct 2010 at 00:21

Evilsod said:
This is a world where the americans believe you should be aloud to legally wield a gun before you are legally aloud to drink a beer... or does it help to get some target practice in before you get blind drunk?

You've gotta have some separation you don't want the first day you can drink to be the first day you get a gun

Evilsod · 7 Oct 2010 at 00:25

Surely it should be the other way around i mean

Get used to the booze before you get a gun you can't handle in the first place.

But anyway, that story is a bit ridiculous... is it any real surprise there is an almost universal contempt for the police and law enforcement when you get stories like that all over?