Well, sort of. It is slightly more complicated. This is where I am not a lawyer and I know someone will tell me if I have this wrong. There may be some sequence of events where sending random data may be an issue...
- Let's say I send random data - something that is completely legal
- I, or the recipient, would have to be suspected of something for there to be a legitimate intercept of that - and somehow the random data are seen as key to some case against me
- The prosecution will have to show beyond reasonable doubt that the data are encrypted data
- They then ask me for keys, or to decode it, as per RIPA
- At that point the proof is the other way - I'd have to show that I don't have the keys (because it is random data)
- As I cannot show I don't have the keys, I could be in trouble.
This is a problem for the state - if people start sending raw random data, and people send raw encrypted data with no headers that looks like raw random data, then a prosecutor would not be able to establish that the data are encrypted. Claiming it is random data would be plausible deniability.
So, the only solution would be knee-jerk legislation to ban sending of random data. That way, they catch you either way - encrypted and not handing over keys, or random, either way, you are breaking the law - and a government that ensures everyone is breaking the law one way or another can control the people better. Sorry, paranoia overload there...
Unfortunately that has a huge problem. Random data are everywhere. Anything that samples reality - a phone call, audio recording, photograph, video, anything, has huge amounts of random data and sampling noise. If you ban random data you ban all video and pictures and everything with a random component.
So, let's not ban all random data, quite - let's allow it in funny cat videos shall we?
Sadly, that gets you back where you started - you can include encrypted data in the random noise in images and videos and audio. If you allow that, you allow covert encrypted communications.
So, I guess random data are safe after all - for now - as are cat videos and so are the people wanting to continue to use encryption covertly. I do wonder about making a mobile app that deliberately sends random packets at random intervals just for fun.