In message <[log in to unmask]>, at 21:54:16
on Thu, 7 Oct 2010, Chris Spray <[log in to unmask]> writes
>There probably isn't a computer powerful enough to crack a 50 character
>password by brute force, so if he doesn't disclose it a second time is it
>the same offence for which presumably he cannot be prosecuted again or would
>it be a repeat offence for which perhaps he can?
There's been some discussion of this on other lists, and the answer
seems to be "we don't know". That's not so much because RIPA is opaque,
but what sort of rules might a court apply to a subsequent prosecution;
in a general case, if you are prosecuted for failing to do something,
can you be prosecuted again if you fail to do it again when asked again?
What might trigger a second go, could be new evidence appearing
regarding the underlying alleged offence. Or even a completely new
offence that would need the computer examining for evidence.
--
Roland Perry
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