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If a password is considered testimony and protected by the 5th Amendment, software also appears to be testimony and covered by the same. If not, then software i
by joesmo 11y ago
If a password is considered testimony and protected by the 5th Amendment, software also appears to be testimony and covered by the same. If not, then software is just speech and protected by the 1st Amendment. Not speaking is then a valid choice seeing as to how this is not testimony and one is not compelled to speak by the court. But this is just theoretical...
- seanp2k2 11y agoSince corporations are people, they should be able to plead the 5th as well.
- harryh 11y agoSure, but in this case Apple isn't being accused of anything so the 5th amendment doesn't apply.
- joesmo 11y ago"nor shall be compelled in any criminal case to be a witness against himself" (https://www.law.cornell.edu/wex/fifth_amendment https://www.law.cornell.edu/wex/fifth_amendment) This is a criminal case, however. It would apply to real people, but likely does not apply to corporations regardless of rulings treating corporations as people for other purpose. I imagine the Apple lawyers would have had it as part of their defense strategy if it did.
- rcthompson 11y agoNo one is asking Apple to testify against itself.