Lauri Love has told Hendon Magistrates' court that, one year after the threat of extradition to the United States was lifted, the National Crime Agency should return computers seized in October 2013.
Love brought a civil case against the National Crime Agency under the Police Property Act of 1897. The NCA told the court that Love was under investigation. At issue are three computers and two external storage devices that were taken from Lauri's family home nearly five and a half years ago.
District Judge Margot Coleman's decision has been reserved to Tuesday 19 February. The ruling will be handed down at Westminster Magistrates' Court.
Lauri Love said:
"This case is important to me but it has significant ramifications for everyone. The use of strong information security - ie. cryptography - should not be a reason to deprive people of their personal data.
"I would be happy if a side effect of this action is that the NCA recognise that they cannot do nothing indefinitely. At some point I would like to be able to travel internationally and get on with the rest of my life."
Lauri Love has never faced charges in the UK. On 5 Februrary 2018, the High Court ruled that Love would not be extradited to the United States to face charges related to #OpLastResort, the series of online protests that followed the death of US computer scientist Aaron Swartz in January 2013.
Despite the recommendation of the High Court that British authorities "bend their endeavours" to a UK prosecution, Lauri Love and his legal team have heard nothing in the year that has elapsed since the appeal ruling. Love, who holds a Finnish passport and has close family in that country, is not able to travel while his legal situation remains unclear.
One year after the High Court ruled that he would not be extradited to the United States, British-Finnish computer scientist Lauri Love is taking the National Crime Agency to court in order to secure the return of computers seized in October 2013.
Lauri Love has never faced charges in the UK. On 5 Feburary 2018, the High Court ruled that Love would not be extradited to the United States to face charges related to #OpLastResort, the series of online protests that followed the death of US computer scientist Aaron Swartz in Janaury 2013.
Despite the recommendation of the High Court that British authorities "bend their endeavours" to a UK prosecution, Lauri Love and his legal team have heard nothing in the year that has elapsed since the appeal ruling. Love, who holds a Finnish passport and has close family in that country, is not able to travel while his legal situation remains unclear.
Lauri Love is asking the NCA to return three computers and several storage devices, which the NCA claim contain encrypted data. The civil action relies on a rarely used piece of legislation, the Police Property Act of 1897.
In May 2016, Love won an important victory in a preliminary hearing for this case, when the NCA was found to have tried to circumvent protections for encrypted data under the Regulation of Investigatory Powers Act (2000). The case was then adjourned while Love fought extradition.
Lauri Love said:
"As the NCA has not elected to pursue charges and has seemingly not put any efforts into this end either before the commencement or since the conclusion of extradition proceedings, it has become unfortunately necessary to use the instruments handed down by parliament for redress of arbitrary dispossession of individuals by executive bodies through the Police Property Act.
"The responsibility now lies with the courts to attempt to do their best to fathom the issues here, not least of which is whether it is acceptable that claims made about encrypted contents can overturn the default presumption that individuals, groups and entities can own property, and on whom rests the burden of proof regarding such claims.
"As the use of strong information security storage practices becomes ubiquitous globally it is of paramount importance to resist pernicious attempts to undermine these practices, not least of which is the arbitrary deprivation of property and data outwith due process."
Lauri Love represents himself in this civil action. His legal representation for any future criminal proceedings is Ben Cooper of Doughty Street Chambers, instructed by Karen Todner.