The big story in UK in the last couple of days has been the vote in the House of Commons on increasing the maximum period that somebody can be detained on suspicion of terrorism without charge to 42 days. When the Labour Party came to power in 1997 you could not be held without charge for more than 7 days. Under Tony Blair this was doubled to 14 days. It was later doubled again, to 28 days, but only after an attempt to extend it to 90 days was narrowly defeated.
Yesterday the government’s bill to extend detention without charge to 42 days was passed by the House of Commons (though it may yet be rejected by the House of Lords or ruled illegal by the European Court of Human Rights). This prompted prominent opposition MP David Davis to resign from Parliament this morning (more on him later).
Throughout the many debates on this issue over the last few years the justification in favour of the increase has been that terrorist plots are becoming ever more complex. We are constantly told about cases that require the police to examine hundreds of computers and thousands of CDs in the search for evidence. The extra time is needed, so we’re told, to allow police to access these “encrypted” files. The Prime Minister himself mentioned encryption in his press conference this morning (towards the end of the video clip embedded on that page):.
“…certainly involving encrypted computers and everything else… that they will need more time to deal with that.” – Gordon Brown
Any terrorist who allows their encryption to be cracked by the police within 42 days was not paying attention at terrorist school. The real world is not like a badly written crime drama where the stereotypical nerd cracks the bad guys’ encryption in less than an hour using a desktop PC and a 3D screensaver. Even a 128-bit AES key would take trillions of years to crack:
16. What is the chance that someone could use the “DES Cracker”-like hardware to crack an AES key?
In the late 1990s, specialized “DES Cracker” machines were built that could recover a DES key after a few hours. In other words, by trying possible key values, the hardware could determine which key was used to encrypt a message.
Assuming that one could build a machine that could recover a DES key in a second (i.e., try 255 keys per second), then it would take that machine approximately 149 thousand-billion (149 trillion) years to crack a 128-bit AES key. To put that into perspective, the universe is believed to be less than 20 billion years old.
So it seems to me that the debate should be about detaining suspects without charge for up to 149 trillion years (and let’s just hope that the terrorists don’t think to use 256-bit keys). Anything less would be an ineffective compromise. David Davis touched on this in his resignation speech:
“…because the generic security arguments relied on will never go away – technology, development and complexity and so on, we’ll next see 56 days, 70 days, 90 days…” – David Davis
David Davis is a Computer Science graduate, so he is probably more aware than other MPs of the absurdity of the idea of detaining suspects while their encryption is cracked.
Davis has chosen to wage war on the Labour government’s approach to civil liberties. In his criticism of the national DNA database and proposed ID cards he coined the term “The Database State“. I think this is a phrase we will be hearing a lot more of in the coming months. Especially given recent failures to protect sensitive data.