[Theateetetuig]

yeah the more i look at this, the more it looks like the police are trying to protect themselves from bad press.

it makes you wonder though, because there is a very easy way for this guy to clear his name and remove any suspicious regarding child pornography.

His claim is that he forgot his 50 character pass phrase. Now whilst that might sound convenient in this case it sets a worrying precedent. Imagine he, someone, (you?) was playing with an encryption program. Encrypted some stuff on your machine, decided it wasn't worth bothering with, then forgot about it.

At some point a couple of years later someone maliciously accuses you of being into kiddy porn, the police find the encrypted data, but you genuinely can't remember the password. You get 4 months in jail and accused in the national media as being a kiddy pornographer. Even if you subsequently clear yourself this kind of thing sticks with you and can ruin your life. You'll at the very least lose jobs, friends, partners.

In this case, he could be guilty, he could be guilty of hiding something else on his computer, we don't know. The 16 weeks as punishment for the crime he is guilty of is, legally, fair enough. Whether or not that should be a crime is another discussion. You'll notice the Crown Prosecution Service was very clear and careful in its statement not to add any extra detail about that, and didn't when pushed either. I think the police media wing are seriously at fault.

[yxn2dC07]

If I saw the kids pic, I could tell you definitively if he had kiddy porn.

Also, is he Catholic?

[LomodiorCon]

Image in OP linked article is a generic prison shot?

this is him

[wonceinee]

I'm leaning towards saying these sentences should be suspended, until the encrypted data has been reviewed. Nothing on there "prima facie" then you probably did forget, if there is something illegal, then you probably didn't forget or were wilfully ignorant.

[tabcdyop]

It's not a police set up job. It can't be. He's not black. :shrug:

[AOE6q4bu]

It's not a police set up job. It can't be. He's not black. :shrug:

He might be poor though.

[JohnMaltczevitch]

I realise that, but the law is wrong in my opinion.

It was designed for counter terrorism, and has been used for spying on people's rubbish before now.

[Niiinioa]

I don't see how it's different to a reporter refusing to give up his source when ordered to by a court and serving time for contempt for that. (which you may well argue is also wrong)

[buchmausar]

If youre not whistleblowing surely you are aiding and abetting?

[mralabama]

I think perhaps I was not thinking of whistleblowing in a purely business sense, but

If you are aware of a wrongdoing (illegal, immoral?) and you make no moves to challenge, counter or reveal said wrongdoing then you abetting by inaction. I can understand how their would be extenuating circumstance in a lot of situations, but the principle is the same -

If a court can prove you are obstructing the course of justice by concealing your source then youre going down, right?

[JANALA]

Suspected child abuse is often required to be reported, particularly for some professions (teachers, MDs, etc).

Catholics of course give themselves a pass on this one.

[Savviers]

Pour encourager les autres.

[GypeFeeshyTes]

Fair enough, but where would a random member of the public witness money laundering? This too is a professional obligation is it not?

It is a professional obligation. But it's not restricted to professionals. A lot of money laundering goes on in pubs, bookies, etc and the public will come across situations where they suspect if something illegal is going on.

[masterboyz]

Sorry, I mean specifically money laundering. Passing cash is not a crime. Passing cash that you know or believe is drugs money and treating it as pub takings is a crime.

Ultimately, as a law, I don't think it has ever been enforced or used except against professionals.

[Sotmoigma]

"pub takings"? Illegal gaming/gambling proceeds? What we would call a "bookie"?

Although, if you are found by the police with cash on you, and can not provide a reasonable explanation about why you have it, it can be confiscated under the proceeds of crime act. (de minimus £1,000 I think currently).

I think we have a limit of $10K for that.