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billybobsky
BANNED
I am worthless beyond hope.
 
Join Date: May 2004
Location: Inner Swabia. If you have to ask twice, don't.
 
2012-01-24, 15:31

Quote:
Originally Posted by SpecMode View Post
It all comes down to whether the password itself is considered protected information by the Fifth Amendment. As far as I know, at present it is considered protected because the act of disclosing it could reveal evidence that would incriminate one's self. It's a stretch, I'll admit, but to my understanding, that's the current legal precedent (until it is inevitably revised/clarified by the Powers That Be).
Er. You cannot be compelled to state evidence against yourself. There is no reasonable expectation that passwords themselves constitute evidence against yourself. Unless your password is 'imagirafferaper' and you are charged with giraffe rape, then the issue is touchy.

Stated differently: the argument that you shouldn't be forced to do things that might let other evidence be revealed doesn't hold water. People with safes, deposit boxes, etc are often obliged to open them. This is no different.
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