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The way the law works here in the USA is that anything that requires you to disclose the contents of your mind (a passphrase, an explanation of where you were,
by Nrsolis 10y ago
The way the law works here in the USA is that anything that requires you to disclose the contents of your mind (a passphrase, an explanation of where you were, your name) cannot be compelled because the fifth amendment precludes the use of that information to convict you.
Things that you ARE (such as fingerprints, DNA, hair color, photo, sample) can be compelled by a court order (e.g. a warrant) because they aren't the contents of your mind but physical aspects of your existence.
That's why the use of a strong passphrase that isn't tied to a biometric is important if you're worried about this sort of thing.
- Jarwain 10y agoCan't the police/a warrant compel you to open a combination safe? That would be a case of you disclosing a passphrase/something in your mind, but contrary to your assertion.
- Nrsolis 10y agoNope. They can certainly open the safe. They just can't compel you to TESTIFY to something. The contents of your mind are sacrosanct. If they can compel you to divulge a combination, then they can also discern that you had access to that safe by virtue of possession of the combination. Not allowed by our laws.