IN THE CITY OF WESTMINSTER MAGISTRATES’ COURT
No. 011503187270
DISTRICT JUDGE TEMPIA
IN THE MATTER OF AN APPLICATION UNDER SECTION 1 OF THE POLICE
PROPERTY ACT 1897
LAURI LOVE
Claimant
-vNATIONAL CRIME AGENCY
Respondent
_________________________________________
DIRECTIONS – 2nd MARCH 2016
__________________________________________

1.

By 22nd March 2016 the Claimant shall provide a witness statement or statements in
support of his application. The witness statements shall include in particular any
evidence upon which he intends to rely as to:
(i)

What data is stored on a Fujitsu Siemens Laptop exhibit DRB/12/25/10/13
computer and in particular whether he agrees that it contains inter alia data
from the “Police Oracle” website, and if so giving particulars of his
entitlement to that data;

(ii)

What data is stored on a Compaq Computer Tower exhibit DRB/16/25/10/13
and in particular whether he agrees that it contains inter alia pirated versions
of copyrighted films, and if so giving particulars as to his entitlement to copies
of those films;

(iii)

What data is stored on Samsung Laptop exhibit AH/01/25/10/13 and its
internal Hard Drive exhibit AH/01/HD1/25/10/13, and in particular what data
is stored in encrypted file truecrypt1, and whether he agrees that truecrypt1
contains, inter alia, data obtained from the United States Department of
Energy and the United States Senate. If he does so agree then the witness
statement must contain particulars as to his entitlement to such data;

(iv)

What data is stored on SD Card exhibit AH/01/SD1/25/10/13, and in
particular what data is stored on encrypted files x and q;
1

 (v)

What data is stored on Western Digital Hard Drive AH/02/25/10/13, and in
particular what data is stored on encrypted file truecrypt2.

2.

By 29th March 2016 the Respondent shall provide a witness statement or statements
setting out its evidence as to the contents of the 5 items set out above, and as to the
facts and matters relied upon to support its objection to those items being returned to
the Claimant.

3.

By 29th March 2016 the Respondent shall file and serve a skeleton argument in
support of its assertion that a direction should be made for the Claimant to provide the
encryption key or password to the encrypted hardware mentioned at (iii) to (v) above.

4.

By 6th April 2016 the Claimant shall file and serve a skeleton argument as to why
such a direction should not be made.

5.

On 12th April 2016 the Court will determine whether or not to make a direction that
the Claimant provide the encryption key or password to the encrypted hardware
mentioned at (iii), (iv) and (v) above. This hearing will take place at 2pm at City of
Westminster MC with a time estimate of 1 hour.

6.

The witness statements and skeleton arguments referred to above shall not be used for
any purpose other than these proceedings, and the party receiving them shall not
disclose them to the press, the public or any third party save with the leave of the
Court until after the final hearing, and then only in relation to such matters as are
referred to in Open Court or as permitted or directed by the Court.

7.

The Application shall be set down for final hearing on 28th July 2016 at City of
London MC, with a time estimate of 1 day.

8.

The final hearing, and any other hearings related to this application are reserved to
District Judge Tempia or to such other District Judge as has conduct of the extradition
proceedings in USA v Lauri Love, save that the Senior District Judge (Chief
Magistrate) may allocate the case to a different District Judge if he considers it
necessary or appropriate.

2

 9. The listing for 15th March 2016 shall be vacated.