UK Charges Activist Under Terrorism Law For Refusing To Surrender Passwords

Muhammad Rabbani, the international director of human rights organization Cage, was charged with terrorism offenses by British law enforcement after he refused to turn over passwords to his phone and computer.

Rabbani was charged with "willfully obstructing or seeking to frustrate a search" under schedule 7 of the Terrorism Act, a broad rule that allows law enforcement to stop, search and hold individuals without any clear reason for suspicion.

Read: Extreme Vetting: New Bill Would End Warrantless Phone Searches Of U.S. Citizens At Border

The charges against Rabbani stem from a 2016 stop in which the activist was carrying files protected by client-attorney privilege relating to a case regarding alleged torture committed by the United States.

During the stop, Rabbani was asked to hand over passwords to his computer and phone but refused. He was arrested and held overnight at a police station before being released on bail.

Under schedule 7 of the Terrorism Act, law enforcement agencies can compel a person to surrender passwords for electronic devices. According to Rabbani’s organization Cage, as many as 50,000 people each year are held under schedule 7 powers.

The controversial statute has been the subject of a number of high-profile uses, including a case in 2013 when journalist Glenn Greenwald’s partner, David Miranda, was detained. At the time, Miranda was carrying an external hard drive that contained sensitive documents relevant to Greenwald's reporting on leaks made by U.S. whistleblower Edward Snowden.

Read: Extreme Vetting: Smartphone And Laptop Searches Nearly Double At US Border

The case involving Rabbani is the latest in an ongoing effort of law enforcement in both the U.S. and U.K. to increase scrutiny of visitors and citizens at the border. Much of the emphasis of the new screening has been on electronic devices and personal accounts, including social media and messaging services.

In the U.S., the Trump administration has focused on additional “extreme vetting” protocols at the border that include the searching people’s personal electronics.

Data released by U.S. Customs and Border Protection earlier this year showed the number of phone and laptop searches conducted at the U.S. border nearly doubled in the last year. Device searches rose 80 percent — from 8,383 October 2015-March 2016 to 14,993 October 2016-March 2017, the first six months of the agency’s fiscal year.

Homeland Security Chief John Kelly also told Congress this year the administration has considered requiring visa applicants to disclose passwords to their social media accounts. “We’re looking at some enhanced or some additional screening. We may want to get on their social media, with passwords,” Kelly told the House Homeland Security Committee.

While there have been increased efforts to screen people’s devices at the border, there has also been newfound opposition to such practices. A bipartisan bill introduced earlier this year would require law enforcement agencies obtain a warrant before searching the electronic devices of residents of the U.S. who are attempting to re-enter the country.