Unique notice identifier — NTAC/R/0451/2009 SECRECY REQUIREMENT: PLEASE READ PARAGRAPH 10 IMMEDIATELY REGULATION OF INVESTIGATORY POWERS ACT 2000 INVESTIGATION OF PROTECTED ELECTRONIC INFORMATION Section 49 notice ----------------- This notice imposes a legal obligation on you. Failure to comply is an offence and may result in prosecution. If you are in any doubt about the effect of this notice, or how to comply with it, you should consult a professional legal adviser. To: JFL (formerly known as JFL) Date Of Birth --- Disclosure requirement 1. Pursuant to section 49(2) of the Regulation of Investigatory Powers Act 2000 ("the 2000 Act"), I hereby require you to disclose a key or any supporting information to make the information intelligible. 2. The information to which this notice relates is: As shown on attached appendices 1 and 2 Reason for notice 3. I believe that this notice is necessary in the interests of national security and for the purpose of preventing or detecting crime. Circumstances giving cause for disclosure requirement On 15th September 2008 Mr JFL went to Gare Du Nord Eurostar train station in Paris. He booked several items of luggage for freight transfer to the UK. He travelled on a different train to St Pancras International station in London. Whilst on route to the UK, French customs Officers security scanned the unaccompanied luggage and became concerned about the contents. A partial evacuation of the station was ordered and an explosives Officer was called to the scene. The baggage was found to contain a number of innocuous chemicals, and the following items which could be used, in conjunction with other items, for the production of explosives / improvised explosive devices namely: mixing beakers and stirring spatulas, temperature reducing / freezing spray, smoke detector, fire blanket, fire extinguisher, a programmable circuit board, plastic putty, 3 x boxes of "bangers" that explode on impact with the ground, DMA eliminator, a model rocket and firing mechanism, (minus the solid fuel propellant). Additionally books detailing how to make a pipe bomb, how to manufacture ammunition and firearms, a book on how to make methamphetamine and a book on advanced computer encryption. A set of ballistic body armour, a security scanning / metal detecting wand, a hunting catapult and pepper spray were also found. Police in London were contacted and Mr JFL was detained upon arrival at St Pancras. He was questioned about the contents of the baggage left behind in Paris. He was obstructive and declined to answer most questions. He was arrested on suspicion of being concerned in the commission, preparation or instigation in acts of terrorism. He was forensically preserved and taken to Paddington Police station where his hands were swabbed for traces of explosives. He was interviewed and declined to account for his possession of the items found in his baggage, which did not appear to relate to his business as a computer scientist / programmer. Contained in a locked safe in the baggage was an A4 piece of paper entitled "Password Hints". The hand swabs were analysed and a 9-nannogramme trace of RDX, (military high explosive) was found on the left hand of Mr JFL. Whilst in custody, Police seized an encrypted laptop computer along with a number of encrypted data storage devices that Mr JFL had sent from from France to his pre-booked accommodation at the Holiday Inn, Camden. London. Almost all of the information stored on the computer and discs is encrypted. All attempts to open the files / access the stored data / information have failed. It is believed that Mr JFL is involved in the unlawful production / manufacture of explosives. Information relating to his criminal activities is believed to be stored in the encrypted material. If Mr JFL does not give the access codes that are known to him, Police will not be in a position to assess the potentially incriminating contents of his encrypted material. Permission for notice 4. By law, this notice may only be given by a person who has the appropriate permission to give it. I have been granted permission to give this notice by Detective Superintendent Ball of the Metropolitan Police SO15 Counter Terrorism Command. Compliance If you are able to disclose any key to the information described in paragraph 2 of this notice 5. You must do so no later than : 2000 hrs. to: Detective Sergeant Hewitson attached to SO15. Counter Terrorism Command. Metropolitan Police. Choice of key 6. Where you choose to disclose a key, or where this notice requires you to do so, you may select which key to disclose. If you are able to disclose a key or combination of keys, which will put the information into intelligible form, no further disclosure is required of you. And if there are several keys or combinations of keys whose disclosure would discharge your obligation, the choice of which to disclose is yours. Validity 7. This notice is not valid unless signed and dated below by the person who has been given the appropriate permission to give it. If necessary, the authenticity of this notice may be confirmed by the person given the notice or their professional legal adviser by contacting the National Technical Assistance Centre (NTAC) at the following e-mail address and quoting the unique identification number given at the top of this notice: ripaiii@ntac.gsi.gov.uk Signed Detective Sergeant Hewitson Metropolitan Police SO15 Counter Terrorism Command Date 8th March 2009 Penalties 8. Where a person given a section 49 notice knowingly fails to make the disclosure required they commit an offence. If the disclosure required is necessary in the interests of national security they may be convicted on indictment to a maximum of 5 years imprisonment* or in any other case 2 years. On summary conviction they may be liable to a maximum six-month term of imprisonment or a fine not exceeding the statutory maximum or both. * Section 53 as amended by Section 15, Terrorism Act 2006 9. By virtue of section 54(4) of the 2000 Act, a person who makes a disclosure to any other person of anything that he is required by a section 49 notice to keep secret shall be guilty of an offence and liable- * On conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both; * On summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.