Richard Stallman -- Waiting for the Knock
   
   By Richard Stallman GNU 
   
   Imagine that you are afraid of a knock on the door.
   
   Imagine that the knock could be the police, coming in secret to
   interrogate you. Imagine that they can demand you decrypt files for
   them, and demand you tell them your code keys, even to get evidence to
   use against you. In effect, they can force you to testify against
   yourself, and it is a crime to refuse.
   
   Imagine that for these offenses you are effectively considered guilty
   unless you can prove your innocence: mere failure to comply is the
   crime. If you do not have the key they demand, you will be imprisoned
   unless you can prove it.
   
   Imagine that they can behave arbitrarily, because their actions are
   secret. They do not need to get a court's authorization to demand your
   testimony. And if you tell anyone -- your friends and associates, a
   news reporter, even in most circumstances an open courtroom -- that
   you have been forced to testify, they will imprison you just for
   telling.
   
   Imagine that the only judicial control over these actions is a special
   secret court, with no jury, where decisions are made by judges chosen
   for their sympathy to the prosecution. Imagine that they can hear
   evidence from the prosecutors in secret, so you do not even have a
   chance to deny it.
   
   Unfortunately, there is no need for imagination. This is a real
   proposal -- not in China or Iraq, as you might expect, but in Britain.
   It was proposed as part of the draft Electronic Communications bill
   (http://www.fipr.org/polarch/draftbill99/index.html), but has been
   withdrawn from there, probably to be reintroduced shortly in a
   separate "Regulation of Investigatory Powers" bill. (Proposals to
   extend government power are often secreted in bills with
   opposite-sounding names.) The country that gave the world the concept
   of the rights of citizens, of protection from abuse of government
   power, of the right to remain silent and not be compelled to testify
   against yourself, is tearing up the concept and throwing it away.
   
   The rot in the British legal system began under the previous
   Conservative government, which passed an "anti-terrorist" law saying
   that -- for certain crimes -- if you refuse to answer questions, that
   can be held against you. Thus the first stone was thrown at the right
   to remain silent.
   
   As a supposed protection against abuse, this law said that courts must
   not convict based on silence alone; they must have some other basis as
   well. But the same law established that an official accusation of
   membership in a prohibited organization can also be held against you.
   This, too, is not sufficient by itself -- which only means that the
   two together are needed for a conviction. If you are accused of
   belonging to a prohibited organization, and you refuse to answer
   police questions, you go to prison.
   
   Of course, every law that undermines the rights of citizens has an
   "urgent" justification. For this law, the justification was IRA
   terrorism; but the cure is far worse than the disease. A century from
   now, IRA bombing will be just a chapter of history, but the painful
   effects of the "cure" will still be felt.
   
   The "New Labor" government of Prime Minister Blair which replaced the
   Conservative government is eager to extend this policy to other areas.
   I was not greatly surprised to learn that the same government also
   plans to eliminate the right to a jury in criminal trials (see The
   Guardian, November 20 1999, page 1). These policies would gladden the
   heart of an Argentine general.
   
   When you speak with British officials about the issue, they insist
   that you can trust them to use their power wisely for the good of all.
   Of course, that is absurd. Britain must hold to the tradition of
   British law, and respect the rights of citizens to a fair trial and
   non-self-incrimination.
   
   When you try to discuss the details, they respond with pettifoggery;
   for example, they pretend that the plan would not really consider you
   guilty until proven innocent, because the official forms that demand
   your code keys and your silence are officially considered the proof of
   guilt. That in practice this is indistinguishable from requiring proof
   of innocence requires more perspicuity than they will admit to.
   
   If you live in Britain, what can you do?
   
    1. Take political action now. Tell all the political parties that
       this issue is of great concern to you, and invite each to be the
       one you will vote for to prevent such laws. Look at
       www.stand.org.uk for further advice.
    2. Write to your MP, the e-Minister Patricia Hewitt
       (e.minister@dti.gov.uk), the Home Secretary, and the newspapers,
       stating your firm opposition to these measures.
    3. Talk with your Internet Service Provider's management about the
       importance of this issue.
    4. Start using encrypted mail, using the GNU Privacy Guard or another
       suitable encryption program, and use it as widely as possible and
       with as many people as possible. The more people are using
       encryption, the harder it will be for governments to stamp it out.
       The GNU Privacy Guard is Free Software (you are free to
       redistribute and change it), and is available on www.gnupg.org.
    5. Once you have read an encrypted message, if you don't need to save
       it, get rid of it. Don't just delete the file; copy several other
       files of junk into the file, one by one, so that the old bits
       cannot be recovered. (The GNU Privacy Guard will soon provide a
       convenient command for doing this.)
    6. If you need to save an encrypted message, use steganography to
       hide it inside one or more image files, so that it is impossible
       for anyone to be sure that encrypted data is present. You can use
       steganography for transmitting messages as well.
    7. Anyone, even you, could be a target of this law. Don't assume that
       you are safe just because you are "not a criminal"; almost
       everyone breaks some laws, but even if you do not, you could still
       be suspected. Your friends and correspondents are likely to be
       next after you.
       
   So arrange innocent-sounding "code phrases" with them now, things like
   "Agnes has a bad cold" (but don't use this one!), as a way you can
   inform them that you were interrogated by the secret police, without
   giving the police a way to detect that you did so.
   
   You never know what might lead the secret police to your door. Take
   the necessary precautions now, because the only thing worse than
   fearing the knock on the door is being oblivious to the danger.
   
   Copyright 1999 Richard Stallman
   Verbatim copying and redistribution of this entire article is
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