This does mean that the UK is now on the list, along with the US, of places where no credible crypto startup is possible, though.
This does mean that the UK is now on the list, along with the US, of places where no credible crypto startup is possible, though.
I can think of very few developed countries that, when the rubber hits the road, will let you do what you want. Taking measures to aid official police or court investigations is simply an implied obligation in most countries with developed legal systems. Very few countries will tolerate service providers whose raison d'etre is "we won't cooperate with the authorities" except in limited situations like off-shore banking when the primary purpose is to hide assets or information from people in other countries.
This isn't specific to crypto or police investigations either. Say you want to start an accounting firm that guarantees it will never share your records if subpoenaed in a civil lawsuit. This would never fly in the U.S., not now or one hundred years ago, and while I'm not super familiar with European law, I can't imagine it would fly in any western European country either.
1) Laws like CALEA, which (if applicable) require a provider to develop and expose backdoors to the government in advance of a request
2) Building systems where an operator doesn't have access, but where a court order can compel changes to the system, including ultimately shutting it down.
3) Being able to build a system where operator doesn't have access to data, and upon a request, if no data can be turned over, continues operating. Must turn over any data which you do have.
4) No requirement to cooperate, or something equiv to 4th/5th A protections for the end user being extended to service providers.
I used to think the US was #3. I don't believe #4 exists anywhere, at least outside specific kinds of data (medical, legal). The US is at least #2 now, and might actually be #1 in more and more domains.
My view is that everyone (in the world) should be pissed off at both the NSA and GCHQ and that Americans should be additionally angry that the NSA seems to have broken the limits placed on them in terms of domestic surveilance.
"where rather than hold the data, it is split in two so CertiVox has one half and the user has the other, and law enforcement would need both to access the data."
By data here, do they mean encryption key? If so then I'm not sure what splitting it in two does as you presumably have to join them together somewhere and GCHQ would presumably just attack wherever the complete key is available.
[Edit: Product details here, it appears to be Open Source: http://www.certivox.com/m-pin/]
But then I get confused, what service is the service provider providing if the customer still needs to carry around half of 'the data'?
Alice sends Bob stuff, via the company.
GCHQ sends RIPA requests to the company, which means that GCHQ get Alice's communications. Neither Alice nor Bob are aware.
So, a new scheme where Alice and the company need keys to decrypt means that GCHQ send RIPA requests to the company, and to Alice. Now Alice, and the company, are aware of the RIPA request. Bob isn't. But at least Alice can stop sending things to Bob.