The Defendants argued that the EncroChat evidence disclosed by the Prosecution was inadmissible because it had been obtained by use of an intercept that operated while the messages were “being transmitted”, as in section 4(4)(a) of the Investigatory Powers Act 2016. The Prosecution’s position was that the messages were taken whilst “stored” and therefore 4(4)(b) applied.
This distinction is of great significance. If section 4(4)(a) applies, then the strict prohibition set out in section 56 of the Act bites and the evidence cannot be admitted at trial. If section 4(4)(b) applies, then the evidence is admissible, subject to any other challenge.
The Court of Appeal decided that all material taken from the devices was stored rather than being transmitted. This was not a lengthy judgment and many of the points argued by the defence were swept aside. Paragraph 62 perhaps cuts to the heart of the issue. Lord Burnett CJ said:
“As a matter of ordinary language, section 4(4)(b) is clear and unambiguous in its meaning. It extends to all communications which are stored on the system, whenever that might occur. That broad meaning coheres with the structure of the 2016 Act considered in overview, and importantly with the different types of warrantry for which the Act provides.
Part 5 warrants are required for the interception of stored material, and Part 2 warrants for material which is to be intercepted while being transmitted. It also advances the overall purpose of the legislation in preserving the legislative framework – and the distinction between the different types of intercept – to which we have referred. The statutory question for any court in determining section 4(4)(b) applies is this: was the communication stored in or by the system at the time when it was intercepted?”
The argument about how a device stores data within RAM (Random Access Memory) and ROM (Read-only Memory, or Realm in the Encro device language) was dismissed by the Court on the basis that both should be treated equally.
Permanent and temporary storage, the Court held, are the same, and previous decisions that suggest otherwise are no longer good law because distinctions have to be drawn between the 2016 Act and its predecessors. The RAM and Realm issue was at the heart of the defendants’ case on the basis that it enjoyed the unqualified support of the experts who commented on the issue.
Because of the centrality of this issue to the judgment, it may well be where any future battle lines are drawn in other cases.
SECRECY IS PRICELESS
Offline “ Air Gapped” Super Encryption Mobile Machines.
Ultra Encrypted Text Messaging with No Cellular or Internet Connection. No Servers.
Encryption Keys generated offline by the user , never exchanged with third parties and erased permanently after each session.
More Secure than a Face To Face Meeting.
More details?
Consult with our
Cyber Defense Experts at : Info@DigitalBankVault.com
SECRECY IS PRICELESS
Offline “ Air Gapped” Super Encryption Mobile Machines.
SECRECY IS PRICELESS
Offline “ Air Gapped” Super Encryption Mobile Machines.
Full technical details:
Cyber War Grade, Mathematically UnCrackable, Quantum Safe, Air Gapped (Offline) Encryption Machines More details ? Click here: ENCRYGMA.com .
“ If you need to communicate top classified information or you need to store secret data and be absolutely sure that no state-sponsored hackers, no foreign Governments , no intelligence agencies will be ever able to decipher the files, you need an Above Military Level Offline SuperEncryption System”
HOW TO PREVENT THE NEXT ENCROCHAT & SKY ECC HACKING ?
Rule number 1 ☝🏼:
EncroChat evidences has been collected from the storage on the devices seized . A real military grade encryption device can’t be ever accessed by any digital forensic tools such as Cellebrite.
Rule number 2 :
Never 👎 use encryption services that are server based . Servers can be hacked easily and all data passing through them can be intercept. Servers also store the messages so that also this cloud based storage can be accessed and used as evidence.
Rule number 3:
Never , ⛔️ ever trust their party encryption services. The moment you trust a third party for generating your encryption keys, manage and store them for you , it’s game over . It’s like giving the keys of your bank vault to a total stranger .
Rule number 4 :
Stop 🛑 trusting cheap online encrypted phone suppliers! ⚠️ The garbage online are fake encrypted phones based on a $ 50 USD cheap Android cellphone bought in China and installed with a very low level security end to end encrypted messaging app.
Work like a pro, like intelligence agencies do ! Stop being scammed by online marketers selling you security illusions .
Need absolute privacy? Consult with our cyber defense advisors at info@DigitalBank.Capital or visit https://www.digitalbank.capital/knox-encrypted-smartphone
Cyber War Ultra Encrypted Communications.
This is an encrypted text message, that has been encrypted with an OTP cipher (quantum safe encryption- mathematically unbreakable) , on a DBV “ Air Gapped “ Offline SuperEncryption Machine. The Encrypted message is then exported from the offline device by visual means( no connections , not even physical) by scanning the QR code with an online device for then sending it safely online.
The QR code at is arrival, is scanned by the second DBV offline encryption machine , directly from the receiving online device. Afterwards , it’s deciphered safely offline. This form of super encrypted offline communications is safer than a face to face meeting .
More details? Consult with our cyber defense advisors at info@DigitalBankVault.com or visit ENCRYGMA.com.
More details on this PDF : https://www.digitalbank.capital/_files/ugd/f12fcd_3c29cd00f3b34a44af4da777920be2f3.pdf
Visit us today at : https://www.digitalbank.capital/knox-encrypted-smartphone