This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/technology/2016/may/10/court-refuses-request-force-alleged-hacker-lauri-love-hand-over-passwords

The article has changed 5 times. There is an RSS feed of changes available.

Version 0 Version 1
Court refuses request to force alleged hacker to hand over passwords Court refuses request to force alleged hacker to hand over passwords
(35 minutes later)
British security services have lost their legal fight to force an alleged cyber-hacker to hand over the passwords to his encrypted computers in a landmark case. An alleged cyber-hacker fighting extradition to the US will not have to hand over passwords to his encrypted computers to British law enforcement officers following a landmark legal ruling.
Lauri Love, 31, is fighting attempts to extradite him to America to face criminal charges for breaking into Federal Reserve computers. Lauri Love, a 31-year-old computer scientist, is accused of stealing “massive quantities” of sensitive data from US Federal Reserve and Nasa computers and his lawyers say he faces up to 99 years in prison if found guilty in the US.
The National Crime Agency (NCA) launched an investigation and raided Love’s family home in Stradishall, Suffolk, in October 2013 when they seized encrypted computers and hard drives. No charges were brought against him in Britain and Love, the son of a reverend, is suing the NCA for the return of six bits of encrypted hardware, which he says contain his entire digital life.
The NCA is fighting the case and applied to the court to force Love to hand over his passwords before it returns the computers.
But district judge Nina Tempia refused the NCA’s application on Tuesday at Westminster magistrates court as to do so would “circumvent specific legislation that has been passed in order to deal with the disclosure sought”.
Speaking outside court following the ruling, Love said he was happy with the result and accused the NCA of trying to undermine protections safeguarding individuals’ property.
He said: “It is a victory, although it is a more an avoidance of disaster.
“It retains the status quo, which means there has to be safeguards before you force people to undermine their security.”
His lawyer, Karen Todner, head of crime, regulatory and extradition at Kaim Todner, said: “This was clearly the right outcome. The case raised important issues of principle in relation to the right to respect for private life and right to enjoyment of property and the use of the court’s case management powers.
“A decision in the NCA’s favour would have set a worrying precedent for future investigations of this nature and the protection of these important human rights.”
Love was arrested again on 15 July 2015 on behalf of the US government, which had issued several indictments and corresponding extradition warrants.
The FBI and US Department of Justice allege that Love was involved in hacking into various governmental agencies, including the US Army, Nasa, the Federal Reserve and the Environmental Protection Agency. His extradition hearing will be held on 28 and 29 June 2016.
Outside court, Love said he was scared at the prospect of being sent to the US for criminal prosecution. “It is the worst thing I could imagine happening to me. I have to get on with my work and my studies, I can’t afford to be stressed or depressed or anxious about it.”
Related: British student fights extradition to US for allegedly hacking the FBI and NasaRelated: British student fights extradition to US for allegedly hacking the FBI and Nasa
He is accused of stealing “massive quantities” of sensitive data resulting in millions of dollars of losses. Love’s lawyers say he faces up to 99 years in prison in the US if he is found guilty. Love’s case has echoes of the FBI and Apple dispute in the US. In 2015 and 2016, Apple received and objected to or challenged at least 11 orders issued by United States district courts which sought to compel the firm to extract data like contacts, photos and calls from locked iPhones.
Officers from the National Crime Agency (NCA) launched an investigation and raided his family home in Stradishall, Suffolk, in October 2013 and seized encrypted computers and hard drives. The most well-known instance was in February 2016, when the FBI wanted Apple to create and electronically sign new software that would enable the FBI to unlock an iPhone recovered from one of the shooters in the December 2015 terrorist attack in San Bernardino, California
No charges were brought in Britain against Love, but the NCA wants him to hand over his passwords so officers can check the data before the electronics are returned. The government ultimately said they had found a third party able to assist in unlocking the iPhone and withdrew its request.
Love’s team says the application, if granted, would be a significant blow to privacy and amounts to a “power grab” by the security services.
Delivering her judgment at London’s Westminster magistrates court, district judge Nina Tempia said: “I’m not granting the application because to obtain the information sought the correct procedure to use, as the NCA did two-and-a-half years ago, is Ripa [Regulation of Investigatory Powers Act] and the inherent safeguards incorporated thereafter.”
She said the courts should not use their case management powers to “circumnavigate” existing laws and the safeguards they carry.