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    State access to encrypted data in the UK: the ‘Transparent’ approach

    Keenan, Bernard (2020) State access to encrypted data in the UK: the ‘Transparent’ approach. Common Law World Review 49 (3-4), pp. 223-244. ISSN 1473-7795.

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    This article foregrounds four key powers through which the UK intelligence and police agencies (broadly referred to hereafter as ‘law enforcement’) may access encrypted communications and data. It is structured as follows. First, a brief overview of the ECtHR’s jurisprudence on communications surveillance contextualises the overarching normative framework that must be translated into domestic law. The four powers are then discussed, both in legal and practical terms. The first two powers operate covertly, without the knowledge of the target. The latter two operate coercively, allowing police to demand individuals unlock encrypted data on penalty of prosecution. The article argues that the overall effect is to weaken encryption systems globally.


    Item Type: Article
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Depositing User: Bernard Keenan
    Date Deposited: 27 Nov 2019 12:15
    Last Modified: 02 Aug 2023 17:55


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